International Court of Justice
Case A: Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile)
The 24th of April of 2013, the Plurinational State of Bolivia instituted a case against the Republic of Chile in the International Court of Justice, regarding a dispute with Chile’s obligation to negotiate with Bolivia in order to reach an agreement to grant Bolivia a sovereign access to the Pacific Ocean.
From Bolivia’s Independence from Spain in 1825 to the start of the War of the Pacific in 1879, Bolivia had almost 400 km of coast to the Pacific Ocean. After the War of the Pacific, fought alongside Peru against Chile, was lost in favor of the Chilean forces, Bolivia lost its access to the sea, while Peru lost its provinces of Tacna, Arica and Tarapacá. 20 years after the end of the war, the two countries referred to in this case create the Treaty of Peace and Friendship to regulate the relationship between the nations, correctly delimitate the border and assure long-lasting peace. Chile granted Bolivia duty-free use of the ports of Arica and Antofagasta and the railroads connecting them to La Paz, Bolivia. However, the loss of access to sea has created a deep resentment in some Bolivians, many of them attributing many of the country’s problems on its condition as landlocked. After the 1904 treaty, many Bolivian Presidents still pressured Chile regarding access to the ocean. This produced strained diplomatic relations between the nations, culminating in their severing in 1978.
Chile has always declared that it has no obligation towards Bolivia to discuss its access to the sea, due to the fact that it was won in a war of conquest and the area has been assimilated culturally to Chile.
Institution of Proceedings in front of the International Court of Justice: http://www.icj-cij.org/docket/files/153/17340.pdf
http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205403944_text
Memorial and Counter-Memorial: http://www.icj-cij.org/docket/files/153/17392.pdf
Case B: Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. Pakistan)
Since the Second World War, Marshall Islands have been the main place of nuclear arms testing in United State. This state is totally conscious of the consequences that nuclear testing can cause for example, more diseases and deformation con the newborn. Been aware of the problem, Marshall Islands suit different counties that are not following the basic norms of nuclear testing and the Treaty on the Non-Proliferation of Nuclear Weapons; Pakistan is one of them.
Pakistan is a country that didn´t sign the NPT and do uses nuclear weapons. This county doesn´t want to be unprotected because of the conflict that has with India since 1947 when both counties got independent form the British Raj. In 1974 the nuclear arm race starts, India was the first county with nuclear armament control that was not part of the United Nations Security Council and with this event Pakistan makes a big jump in technology to be at the level needed to be protected and to be in power.
Been a country with nuclear weapons may be an advantage, although the consequences are unjustifiable and atrocious. Marshall Islands do want to make a change on the ways certain countries are dealing with nuclear weapons and improve the security in the world.
Institution of Proceedings in front of the International Court of Justice:
http://www.icj-cij.org/docket/index.php?p1=3&p2=2&case=159&code=mipak&p3=0
Memorial and Counter-Memorial:
http://www.icj-cij.org/docket/files/159/18346.pdf
http://www.icj-cij.org/docket/files/159/18352.pdf