BORDER DISPUTES BETWEEN NICARAGUA AND COSTA RICA

BORDER DISPUTES BETWEEN NICARAGUA AND COSTA RICA Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . BORDER DISPUTES BETWEEN NICARAGUA AND COSTA RICA The case deals with boundary disputes, it is therefore essential to list treaties which deal with boundary disputes and it is also important for the court to interpret the provisions of a treaty in the present case and this can only be done in terms of customary international law on the subject matter as reflected in Articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties because it has various means of developing peaceful cooperation among nations regardless of their constitutional and social systems. Article 2(1) of the Vienna Convention[1969] established the definition of a treaty; it went ahead to state that â€Å"treaty† means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation; LIST OF TREATIES ON BOUNDARY DISPUTES Boundary Waters Treaty   [ 1 ]   (Treaty Between the United States and Great Britain Relating to Boundary Waters between the United States and Canada; 36 Stat. 2448; T.S. 548) — The treaty was signed in Washington, D.C.on January 11, 1909, The purpose of this treaty is to prevent disputes regarding the use of boundary waters and settle all questions pending or that may arise between the United States and Canada involving the rights, obligations, and interests of both nations along their common frontier. The treaty establishes the International Joint Commission, with three members appointed by each country, to review and make recommendations on disputes and other issues involving U.S./Canada boundary waters. The Treaty of Asurar   [ 2 ]   Ali- This treaty was signed on February of 1639 between the Mughal commander Allah Yar Khan and the Ahom commander Momai Tamuli Borbarua, According to the treaty, the boundary between the Mughals and Ahoms was fixed on the Barnadi River in the northern bank [ utarkul] of the Brahmaputra River and the Asurar Ali [Ali is causeway in Assamese] in the southern bank [dakhinkul]. The Ahom king recognized the supremacy of the Mughals in Kamrup, and the Mughal fauzdar agreed not to interfere in the Ahom kingdom. Trade and commerce between the two regions was permitted afterwards. The Treaty of Tartu   [ 3 ]   -This treaty was made between Finland and Soviet Russia was signed on 14 October 1920 after negotiations that lasted for four months. The treaty confirmed the border between Finland and Soviet Russia after the Finnish civil war and Finnish volunteer expeditions in Russian East Karelia. Ratifications of the treaty were exchanged in Moscow on December 31, 1920. The treaty was registered in the League of Nations Treaty Series on March 5, 1921. HISTORY PROCEEDINGS ON THE CASE CANAZ TREATY(1858) The border between the Costa Ricans and Nicaraguans is defined by the course of the San Juan River which flows to the east and the Caribbean. The bo rder was established in 1858 by the Canas-Jerez Treaty, negotiated between Costa Rica and Nicaragua at the conclusion of a military conflict which finally ended the possibility of a trade route between the Atlantic and Pacific Oceans in this region of Central America. According to the terms of the treaty the south bank represents the start of Costa Rican territory; however Nicaragua maintains sovereignty over the river itself. Costa Rica has the right to navigation for commerce.