Study On The Maritime Dispute Between Nicaragua And Colombi

In the case of Nicaragua v Colombia maritime dispute,ICJ made a negative judgment on the delimitation of the width of Colombia’s contiguous zone,the establishment of the right of safety control and the delimitation of Nicaragua’s straight baseline.In China,the right of safety control has also been established in the adjacent areas,and some countries have raised objections to the delineation of the straight baseline in China.Therefore,it is of great practical significance to study this case.The author takes three controversial issues in Nicaragua v.Colombia maritime dispute as the research object,makes a legal analysis of the controversial issues in combination with relevant theories and practices,and studies the ICJ judgment,and then puts forward some suggestions on improving the contiguous zone system and the straight baseline rule.This paper is divided into three parts:The first part introduces the basic case,and summarizes three controversial issues in this case according to the demands of both parties and ICJ judgment,namely,the delineation of the width of Colombia’s contiguous zone,the establishment of safety control rights and the application of Nicaragua’s straight baseline rule.The second part makes a legal analysis of the above-mentioned controversial issues,with the idea of conciseness,analysis and conclusion.This paper analyzes the demarcation of the width of Colombia’s contiguous zone,based on its demarcation basis,studies the identification methods and typical cases of customary international law,discusses the customary attribute of the 24-mile rule and the influence of geographical factors,and draws the conclusion that the demarcation of the width of Colombia’s contiguous zone violates customary international law;This paper analyzes the establishment of safety control right in Colombia’s adjacent area,taking the main basis of Nicaragua’s opposition as the breakthrough point,studies the existing disputes and specific practices of safety control right,and discusses the relationship between the attributes of customary law,the application of legal rules and the rights of overlapping sea areas,and draws the conclusion that the establishment of safety control right in Colombia conforms to customary international law;This paper analyzes the demarcation of Nicaragua’s straight baseline,starting from the main disputes between the two countries,studies the applicable conditions and typical cases of the straight baseline rule,and makes a comparative analysis of Nicaragua’s coastal conditions and applicable conditions,and draws the conclusion that the demarcation of Nicaragua’s straight baseline violates customary international law.The third part is the enlightenment from the study of disputes,and the construction of a community of maritime destiny will help to better solve maritime disputes in the future;Perfecting the legislation of safety control right and clarifying the right relationship between contiguous zone and exclusive economic zone will help to improve the system of contiguous zone;Clarifying the application mode of straight baseline rules and promoting the flexible application of straight baseline rules will help to demonstrate the legitimacy of drawing straight baselines between Hainan Island and Shandong Peninsula,so as to better cope with international disputes.