There are two courts in The Hague and another option is to mediate the dispute Peru-Chile
Bolivia has three ways to deal with maritime claim
data An analyst explains the process four stages that will last at least three years until final failure, at any stage can provide a reconciliation and the trial ends.
In The Hague there are two jurisdictions, the International Court of Justice and the Permanent Court of Arbitration. Bolivia can use one of these two bodies to present demand, the third alternative is that the state go to a third party in the process holding Peru and Chile.
internationalist Counsel explained that if Bolivia support your claim in the protocol of 1907, would opt for the tribunal, where the process has four stages and the issue would be resolved in the best case, in three years.
This, without counting the duration of the preparation of the accusatory statement by the Directorate of Maritime Claim, which will forward the final document to The Hague.
Longaric explained that there begins a complex process. The protocol of 1907 states that any dispute that arises from the interpretation or execution of the 1904 Treaty, signed between Bolivia and Chile, can be referred for arbitration before the arbitration tribunal in The Hague.
"This protocol would require Chile to accept the jurisdiction of the court of arbitration. The Pact of Bogotá also referred to arbitration and said that the parties have the option of going to arbitration if they agree to resolve disputes arising from treaties that the parties have signed, "he said.
Having defined the jurisdiction is communicated to Chile for both sides to nominate two referees, but in the process the country respondent may present technical arguments to reject the arbitration.
the definition of competition, the arbitrator shall form a court, two elected by Chiles and two in Bolivia, among the four chosen fifth to be fair, the referee dirimidor.
In the third stage the application is made official and brought to the attention of Chile, the process continues and the parties presented evidence and arguments, if the parties do not place obstacles, the process takes about three years, otherwise it continues more.
Finally, the arbitral tribunal shall render its decision (decision or award) arbitration.
If that instance is declared incompetent hear the case before this whole process, Bolivia can turn to the International Court of Justice, whose jurisdiction is opened through the Pact of Bogotá, which was ratified by our country recently by the Multinational Legislative Assembly.
"So the question is whether it is more convenient to go to arbitration or court, any court of appeal is another. In both cases, the judgments are res judicata and are enforceable. In these courts there is no other option, "says the analyst.
Finally, Bolivia can use, but not simultaneously to the other, a third party, that is to be part of the process are Peru against Chile.
is a question of maritime delimitation between these countries over the sovereignty of a sea area of \u200b\u200babout 37,900 kilometers in the Pacific Ocean.
Peruvian
The thesis shows that the maritime boundary would still be determined, but the Chilean argues that no outstanding border issues with Peru, as there are international treaties on the subject. The dispute dates back to 1980.
"That possibility is viable to The Hague to take into account the rights that Bolivia would have on the area that is at issue. The International Court of Justice will receive the request, and that Bolivia ratified the Pact of Bogotá, was not possible before. The acceptance of the mediation will be resolved when the Hague issued a final ruling between Peru and Chile, and is the admission of the application. "
Some details of the judicial process
Dato All member countries of the United Nations have access to the Court in The Hague.
Home is making a notification of special bilateral agreement between states that wish to resolve a dispute, if it does not, the applicant country has a unilateral request with the respondent State.
Process In 2001, Peru started to develop the process and in 2005, the Congress approves a law to delineate the lawsuit by the border conflict. In 2008, presents the case against Chile, which to date is in the process.
Time In Bolivia could take a similar time to conduct the proceedings before international tribunals.
Bolivia has three ways to deal with maritime claim
data An analyst explains the process four stages that will last at least three years until final failure, at any stage can provide a reconciliation and the trial ends. In The Hague there are two jurisdictions, the International Court of Justice and the Permanent Court of Arbitration. Bolivia can use one of these two bodies to present demand, the third alternative is that the state go to a third party in the process holding Peru and Chile.
internationalist Counsel explained that if Bolivia support your claim in the protocol of 1907, would opt for the tribunal, where the process has four stages and the issue would be resolved in the best case, in three years.
This, without counting the duration of the preparation of the accusatory statement by the Directorate of Maritime Claim, which will forward the final document to The Hague.
Longaric explained that there begins a complex process. The protocol of 1907 states that any dispute that arises from the interpretation or execution of the 1904 Treaty, signed between Bolivia and Chile, can be referred for arbitration before the arbitration tribunal in The Hague.
"This protocol would require Chile to accept the jurisdiction of the court of arbitration. The Pact of Bogotá also referred to arbitration and said that the parties have the option of going to arbitration if they agree to resolve disputes arising from treaties that the parties have signed, "he said.
Having defined the jurisdiction is communicated to Chile for both sides to nominate two referees, but in the process the country respondent may present technical arguments to reject the arbitration.
the definition of competition, the arbitrator shall form a court, two elected by Chiles and two in Bolivia, among the four chosen fifth to be fair, the referee dirimidor.
In the third stage the application is made official and brought to the attention of Chile, the process continues and the parties presented evidence and arguments, if the parties do not place obstacles, the process takes about three years, otherwise it continues more.
Finally, the arbitral tribunal shall render its decision (decision or award) arbitration.
If that instance is declared incompetent hear the case before this whole process, Bolivia can turn to the International Court of Justice, whose jurisdiction is opened through the Pact of Bogotá, which was ratified by our country recently by the Multinational Legislative Assembly.
"So the question is whether it is more convenient to go to arbitration or court, any court of appeal is another. In both cases, the judgments are res judicata and are enforceable. In these courts there is no other option, "says the analyst.
Finally, Bolivia can use, but not simultaneously to the other, a third party, that is to be part of the process are Peru against Chile.
is a question of maritime delimitation between these countries over the sovereignty of a sea area of \u200b\u200babout 37,900 kilometers in the Pacific Ocean.
Peruvian
The thesis shows that the maritime boundary would still be determined, but the Chilean argues that no outstanding border issues with Peru, as there are international treaties on the subject. The dispute dates back to 1980.
"That possibility is viable to The Hague to take into account the rights that Bolivia would have on the area that is at issue. The International Court of Justice will receive the request, and that Bolivia ratified the Pact of Bogotá, was not possible before. The acceptance of the mediation will be resolved when the Hague issued a final ruling between Peru and Chile, and is the admission of the application. "
Some details of the judicial process
Dato All member countries of the United Nations have access to the Court in The Hague.
Home is making a notification of special bilateral agreement between states that wish to resolve a dispute, if it does not, the applicant country has a unilateral request with the respondent State.
Process In 2001, Peru started to develop the process and in 2005, the Congress approves a law to delineate the lawsuit by the border conflict. In 2008, presents the case against Chile, which to date is in the process.
Time In Bolivia could take a similar time to conduct the proceedings before international tribunals.
