Refuting the Assumption and Inferences in Paragraph 76 of Judgment of 13 July 2023 Concerning the Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (Nicaragua v. Colombia)

Abstract

On July 13, 2023, the International Court of Justice (hereinafter the “ICJ”) rendered its judgment in the case concerning the question of the delimitation of the continental shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (Nicaragua v. Colombia). Paragraph 76 of the judgment states that there is a cognitive assumption" that the extended continental shelf would only extend into maritime areas that would otherwise be located in the Area, among States when negotiating Article 76 of the United Nations Convention on the Law of the Sea (hereinafter referred to as the “Convention”). Based on the assumption, Article 82 (1) of the Convention would not serve the purpose in the situation where the extended continental shelf of one State extended within 200 nautical miles from the baselines of another State. However, research shows that ICJ’s argument about the “assumption” is not perfect and that the legislative purpose of Article 82 (1) of the Convention would be better achieved in the situation where the extended continental shelf of one State extended within 200 nautical miles from the baselines of another State.