Costa Rica may navigate San Juan River only with commercial ends

Taken from: www.nacion.com

The International Justice Court defined the navigation rights that Costa Rica has on the San Juan River: Costa Rica will be able to navigate only with commercial ends.

The results, expected after 11 years of conflicts, clarifies the sovereignty of Nicaragua on the river, denying the country the right to restrict the Costa Rican commercial activity.

The resolution was received with satisfaction by the two countries, Costa Rica sees their rights reaffirmed on the commerce of goods and, for the first time, of services by the river, and Nicaragua sees reinforced its sovereignty on the aquatic way.

Both governments were pronounced very satisfied of the result.

The costa rican chancellor, Bruno Stagno, said that the decision was "a diplomatic triumph". The president Daniel Ortega, of Nicaragua, said a very conciliatory statement. "Our conclusion is that we all win: the Costa Rican brothers win a great amount of recognition and we, the Nicaraguans win as well".

The Court institutionalizes Costa Rica the right on the commerce of goods and services by the river on the interpretation of Costa Rica on the phrase "with objects of commerce", contemplated in the treaty Cañas-Jerez, as "with purposes of commerce" and not alone as merchandise.

Thus, the Court gave a modern interpretation on “what is commerce" and came to the conclusion onincorporating tourism and transportation of people, indicated chancellor Stagno.

Nicaragua will not be able to charge toll neither to require tourist cards to the Costa Rican boats that carry tourists on board. Likewise, Nicaragua will be able to exercise administrative controls and schedules in the entrances and exits of the river for Costa Rican embarkations and their passengers.

"The Court was very clear in emphasizing that Nicaragua is absolute and sovereign to dictate all the reasonable measures that tend to the security and good of the river and that they can take any measures without any consultation with Costa Rica", the Nicaraguan representative, Carlos Argüello, said.

Carlos Granados, geographer and historian of the frontier conflicts, indicated that the conclusion of this awaited trail are an opportunity to initiate a joint program to battle the poverty and of environmental deterioration of the region.