Bilateral Agreements Under International Court of Justice ruling in Bolivia v. Chile

Yaser Ziaee¹ Sajjad Rezazadeh² Behnam Salem³

1) Professor at Qom University
2) PhD student at Qom University
3) PhD student at Qom University

IOI Code : XYDG-HAZZD
Publication : 1ST International Conference on Researches in Accounting, Economics, Management & Humanities (meaconf.com/1st)
Abstract :
    The Pacific War between Chile and Bolivia in the late 18th century and the conclusion of a peace treaty in 1904 between the two sides caused a definite loss of access to High seas. After years of negotiations with Chile, Bolivia in its April 2013 claimed against Chile called before the International Court of Justice for Chile s commitment to negotiate in good faith and effectively with Bolivia to reach an agreement granting full sovereign access to the ocean . In its complaint, Bolivia claimed that the joint statements and reciprocal declarations between Bolivia and Chile contained an agreement between the two countries, and that Chile was committed to negotiating for Bolivia s access to the Pacific. A review of the International Court of Justice s ruling shows that the language used in the alleged documents, as well as the lack of intent of the parties, precluded the conclusion of the treaty between the two parties, and therefore Chile has not made any commitment in this regard.

Keywords : commitment to negotiation international court of justice bolivia v chile sovereign access to the sea