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08May15

Press release on the Conclusion of the public hearings
on the Preliminary Objection raised by the Republic of Chile

Press Release
Unofficial

No. 2015/13
8 May 2015

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

Conclusion of the public hearings on the Preliminary Objection raised by the Republic of Chile

Court to begin its deliberation

THE HAGUE, 8 May 2015. The public hearings on the preliminary objection raised by the Republic of Chile in the case concerning the Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile) were concluded today. The Court will now begin its deliberation.

During the hearings, which opened on Monday 4 May 2015 at the Peace Palace, seat of the Court, the delegation of the Republic of Chile was led by H.E. Mr. Felipe Bulnes S., former Minister of Justice and Education of the Republic of Chile, former Ambassador of Chile to the United States of America, Professor of Civil Law, Pontificia Universidad Catolica de Chile, as Agent. The delegation of the Plurinational State of Bolivia was led by H.E. Mr. Eduardo Rodriguez Veltze, former President of Bolivia, former President of the Bolivian Supreme Court of Justice, former Dean of the Law School from the Catholic University of Bolivia, La Paz, as Agent.

The Court's judgment on the preliminary objection will be delivered at a public sitting, the date of which will be announced in due course.

*

Submissions of the Parties

At the end of the hearings, the Agents of the Parties presented the following submissions to the Court:

For the Republic of Chile:

    "The Republic of Chile respectfully requests the Court to adjudge and declare that the claim brought by Bolivia against Chile is not within the jurisdiction of the Court."

For the Plurinational State of Bolivia:

    "Bolivia respectfully asks the Court:

    (a) to reject the objection to its jurisdiction submitted by Chile;

    (b) to adjudge and declare that the claim brought by Bolivia enters within its jurisdiction."

Internal judicial practice of the Court with respect to deliberations

Deliberations take place in private in accordance with the following procedure. The Court first holds a preliminary deliberation, during which the President outlines the issues which, in his opinion, require discussion and decision by the Court. A full deliberation is subsequently held, at the end of which a drafting committee is chosen by secret ballot, taking account of the views expressed. That committee consists in principle of two judges holding the majority view of the Court, together with the President, unless it appears that his views are in the minority. The committee prepares a preliminary draft text, which is the subject of written amendments. Two further drafts are produced in turn, each of which is subject to a detailed reading. In the meantime, judges who wish to do so may prepare a declaration, a separate opinion or a dissenting opinion, which are communicated to the other judges. The final vote is taken after adoption of the final text of the judgment at the second reading.

[Source: International Court of Justice, The Hague, 08May15]
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small logoThis document has been published on 21May15 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.