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Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile)

International Court of Justice.  01 October 2018 ; 24 September 2015 .

Published online by Cambridge University Press:  15 November 2021

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Abstract

International Court of Justice — Jurisdiction — Consent of States Parties — Pact of Bogotá — Exception to jurisdiction for disputes settled before entry into force of Pact — Dispute between Bolivia and Chile regarding Bolivian access to the Pacific Ocean — War of the Pacific — 1904 Treaty of Peace — Whether Chile had subsequently agreed to negotiate to give Bolivia sovereign access to the sea — Whether dispute had been settled before the entry into force of the Pact — Whether objection possessing an exclusively preliminary character

Diplomatic relations — Peaceful settlement of disputes — Duty to negotiate — Whether duty of peaceful settlement giving rise to duty to negotiate to achieve a specific result — Whether expression of willingness to negotiate imposing binding obligation — Obligations of result

General principles of international law — Estoppel — Conditions for estoppel — Legitimate expectations — Whether forming part of international law

Territory — Sovereignty — Treaty of peace — 1879 War of the Pacific — Bolivia losing coastal territory to Chile — 1904 Treaty of Peace — Whether Bolivia possessing sovereign rights of access to the Pacific notwithstanding loss of coastline — Whether Chile under a duty to negotiate sovereign access for Bolivia

Treaties — Diplomatic exchanges — Whether constituting treaty — Whether giving rise to binding legal obligations — Expressions of willingness to negotiate — Whether creating legal obligation to negotiate so as to achieve specific result

War and armed conflict — Treaty of peace — Territory acquired by use of force during nineteenth century — Subsequent recognition of title of victorious State by treaty of peace

Type
Case Report
Copyright
© Cambridge University Press 2021

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