El Salvador v Honduras, with Nicaragua intervening-Lalaguna, Corina V.

Summary

The International Court of Justice addressed the dispute between El Salvador, Honduras, and Nicaragua over the Gulf of Fonseca. The court examined the delimitation of maritime waters and the legal status of the Gulf, concluding that it constituted historic waters shared by the three states. The court determined the boundary of the Gulf, and despite the lack of a clear territorial division, each nation maintained sovereign rights within specific zones. This decision was part of a broader resolution of the land, island, and maritime frontier disputes among the countries.

Takeaways

• 😀 El Salvador and Honduras requested the International Court of Justice (ICJ) to delimit maritime boundaries and determine the legal status of waters in the Gulf of Fonseca.
• 😀 Nicaragua sought permission to intervene in the case in 1989, claiming it had a legal interest that might be affected by the court's decision.
• 😀 The Gulf of Fonseca is bordered by El Salvador, Honduras, and Nicaragua, located on the Pacific coast of Central America.
• 😀 The ICJ concluded that it was not competent to delimit the waters of the Gulf because the special agreement did not provide for such a delimitation.
• 😀 The court determined that the Gulf of Fonseca should be considered a 'historical bay' under customary international law, which was not defined under the 1958 or 1982 conventions.
• 😀 The Gulf's waters were never divided or delimited after the independence of the three coastal states, so they shared communal sovereignty over the Gulf.
• 😀 The court ruled that the closing line of the Gulf should be drawn between Punta de Paula and Punta Cana Sagina, defining the boundaries of the Gulf's waters.
• 😀 The legal status of the waters inside the Gulf was defined as 'sui generis,' meaning it was unique and akin to internal waters, except for each state's territorial sea.
• 😀 The special regime of the Gulf was determined not to extend beyond the defined closing line between the two points in the Gulf.
• 😀 In 1992, the ICJ decided on the land, island, and maritime frontier dispute, awarding control of the Gulf of Fonseca to El Salvador, Honduras, and Nicaragua, with specific islands assigned to each country.

Q & A

What was the main issue in the case between El Salvador and Honduras that was brought before the International Court of Justice?

The main issue was the delimitation of maritime boundaries and determining the legal status of certain areas and waters in the Gulf of Fonseca, which is bordered by El Salvador, Honduras, and Nicaragua.

Why did Nicaragua request permission to intervene in the case?

Nicaragua requested permission to intervene because it believed it had a legal interest that could be affected by the decision regarding the maritime spaces of the Gulf of Fonseca.

What was the conclusion of the International Court of Justice regarding its competence in delimiting the waters of the Gulf?

The court concluded that it was not competent to delimit the waters of the Gulf because the special agreement between El Salvador and Honduras did not contain provisions for such delimitation.

What did the court say about the legal status of the Gulf of Fonseca's waters?

The court ruled that the Gulf of Fonseca was a case of historical waters, meaning that the waters had not been divided or delimited after the independence of the three coastal states.

What legal frameworks did the court consider when assessing the Gulf of Fonseca?

The court considered international law, the Geneva Convention on the Territorial Sea and the Contiguous Zone of 1958, and the United Nations Convention on the Law of the Sea of 1982.

How did the court classify the waters inside the Gulf of Fonseca?

The court classified the waters inside the Gulf as 'sui generis'—a unique legal category—essentially treating them as internal waters with some special characteristics but without the territorial sea status, except for the exclusive economic zones of each state.

What specific legal decision did the court make regarding the Gulf's closing line?

The court drew the closing line of the Gulf between Punta de Paula and Punta Cana, determining that the special regime of the Gulf did not extend beyond this line.

What was the significance of the 1992 decision by the International Court of Justice?

The 1992 decision involved a broader dispute over land, island, and maritime boundaries, confirming that El Salvador, Honduras, and Nicaragua would share control over the Gulf of Fonseca. El Salvador was awarded the islands of Minghella and Margarita, while Honduras received the island of Al Tigre.

What does the term 'historical Bay' mean in the context of this case?

A 'historical Bay' refers to a body of water whose legal status and sovereignty are not clearly defined by international treaties, and in this case, it meant the Gulf of Fonseca's waters had not been delimited after the independence of the three coastal states.

Why was the Gulf of Fonseca considered not a single state bay?

The Gulf of Fonseca was not considered a single state bay because it was historically shared by three nations (El Salvador, Honduras, and Nicaragua) and was not governed by any formal delimitation agreements between them.