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Bolivia-Chile agreement closes ICJ dispute over Silala River

In this archival image taken in 2016, Aymara indigenous people walk along the Silala springs in the Potosi department in southwestern Bolivia, 4 km from the border with Chile. | Font: AFP

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Chile and Bolivia have reached an agreement on the status of the waters of the Silala River, the International Court of Justice (ICJ) said Thursday, ending a legal dispute between the two countries.

According to the International Court of Justice, during the proceedings in The Hague, positions between the two South American countries came close to the fact that the highest jurisdiction of the United Nations system did not need to decide the issue one way or another.

Thus, the Court overwhelmingly found that there were clear matches in six of the eight points under discussion, which eliminated the need for a ruling as it was “beyond doubt” that silala it is an international watercourse and that the parties agree to it.

On the remaining points, the MC rejected the complaint Chile about the alleged violation by Bolivia of its obligation to cooperate, as well as other Bolivian on access to surface water silala.

The position of the International Court of Justice allowed both countries to consider that the decision was made in their favor.

“Turn the page”

“The dispute about the nature and use of the waters of the river. silalaand from now on, on the basis of the Court, Bolivian will exercise their rights to the waters silalaBolivian Foreign Minister Rogelio Maita, who followed the hearings, said in a note.

Agent (head representative) Chile At the ICJ, Jimena Fuentes, for her part, considered the decision “good” because now the two countries can “turn the page” and deepen cooperation on water resources.

“It is important that the ICJ emphasizes how, thanks to the procedure, the nature of the responses Bolivianended in a raid Bolivian Chilean demand,” Fuentes said.

“The court indicated that what it was looking for Chileshe has already received it through the recognition of Bolivia, and for this reason indicates that she does not need to indicate this,” he said.

Chile demanded that the MC announce silala as an international river and as such subject to international law of equitable and reasonable use.

silala It is born in bofedales (high mountain wetlands) in the Bolivian department of Potosi and crosses the border with Chile.

The case reached the International Court of Justice in 2016 when Chile asked this court to declare silala formally as an international watercourse, in accordance with special rules guaranteeing their rights to use this water resource in their territory.

Bolivian In 2018, he responded with a counterclaim to the court for recognition of his rights to the artificial flow of the river due to a system of canals built to collect water from springs, and demanded that Chile pay compensation for the use of these resources.

The last hearing in the case took place in April this year, when the parties presented their arguments and had the opportunity to ask each other questions.

At these hearings, the agent Bolivian before the International Court of Justice, diplomat Roberto Calzadilla asked to recognize the sovereignty of Bolivia over the “artificial flow” of waters silala on its territory and that”Chile does not have acquired rights” to this thread.

For the delegation of Bolivianchannels built on silala artificially increased the flow on their territory and therefore Chile You cannot claim acquired rights to access these waters.

Chile it was argued that there was no legal basis in Bolivia for distinguishing between natural and artificial canals.

Diplomatic relations between the two countries have been interrupted since 1978, when the latest attempt to negotiate accession failed. Bolivian to the Pacific Ocean. (According to AFP)

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Fernando Carvallo selects information and shares his vision of national and international news. sign to our Las cosas newsletter, as they should be reading your daily columns.

Source: RPP

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