About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

22 Law & Bus. Rev. Am. 247 (2016)
The Long, Not-So Pacific Struggle for the Coast: A Border Dispute between Chile and Bolivia

handle is hein.journals/lbramrca22 and id is 271 raw text is: THE LONG, NOT-SO PACIFIC STRUGGLE FOR THE COAST: A BORDER DISPUTE BETWEEN CHILE AND BOLIVIA Zach J. Kleiman IN the midst of contentious litigation before the International Court of Justice (ICJ), tensions between the countries of Bolivia and Chile are at an all-time high.' The dispute is a culmination of over a cen- tury of affairs between the countries: one war,2 multiple delineations,3 several treaties,4 and countless fights over valuable, natural resources.5 But ultimately, this case is a fight about the invaluable sovereign access to the Pacific Ocean, which Bolivia has lost over the years.6 In short, Bo- livia contends that the actions of various Chilean authorities created an obligation for Chile to negotiate a sovereign access to the Pacific for Bo- livia.7 Chile, on the other hand, claims that the ICJ does not have juris- diction over this case because the subject of the dispute is settled and governed by a prior treaty.8 On September 24, 2015, the Court denied Chile's contention that the ICJ lacked jurisdiction, and thus, the case will be heard.on the merits.9 This case has tremendous implications on inter- national law as a whole, but the consequences for the respective countries are immeasurable.10 1. Obligation to Negotiate Access to the Pacific Ocean (Bol. v. Chile), Application, 1 (April 24, 2013), available at http://www.icj-cij.org/docket/files/153/17338.pdf. 2. Bolivia/Chile Pacific Access, COUNCIL ON HEMISPHERIC AFFAIRS, 14-17 (June 24, 2011), http://www.coha.org/boliviachile-pacific-access/#_ftnl. 3. Id. at 6, 16. 4. Id. at 5, 7, 15. 5. Id. at 4. 6. Obligation to Negotiate Access to the Pacific Ocean, Application at $ 1. 7. Id. at 1 31. 8. Obligation to Negotiate Access to the Pacific Ocean (Bol. v. Chile), Preliminary Objection, ¶1.1 (July 15, 2014), available at http://www.icj-cij.org/docket/files/1.53/ 18616.pdf. 9. Obligation to Negotiate Access to the Pacific Ocean (Bol. v. Chile), Judgment, ¶54 (September 24, 2015), available at http://www.icj-cij.org/docket/files/153/18746.pdf. 10. Bolivia's Claim to the Sea: What's at Stake and Why it Matters, TELESURENGLISH, (May 5, 2015), http://www.telesurtv.net/english/analysis/Bolivias-Claim-to-the-Sea- Whats-at-Stake-and-Why-it-Matters-20150505-0010.html. 247

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most