Friday, September 13, 2013

How The Hague ruling can affect Colombian Fishing Industry

The Hague (La Haya) may be wrong


Colombian President Juan Manuel Santos is right when he says that the La Haya announcement on Colombia-Nicaragua.  The fact is that Colombian waters expand historically on a path from coastal Colombian through the Caribbean Archipelago of San AndrĂ©s and Providencia, which implies treaties with various other countries in the region. 



Based on an international law Esguerra-Barcenas treaty (uti possidetis de jure), almost a hundred years old now, Colombia has the right to this channel through Colombia waters and nearby international waters.  Historically, as well, the waters that allow the practice of fishing in this logical ocean path through Colombian waters validate that Colombian waters along the path have been so, since Grand Colombia times, and chronologicaly applied in many instances through the years (uti possidetis de facto). Clearly, The Hague (La Haya) tribunal violates a historic treaty between the two countries and affects the Colombian fishery industry. Colombia should appeal this decision and extensively support the law on both de facto, ( based on status quo and fait accompli due to Colombian naval activities and social living in the region ) and de jure basis on the Esguerra-Barcenas treaty, as well due to subsequent comprehensive economic damage.



Nicaraguan interest on historic Colombian waters is probably based only in their need to expand relations with Cuba through the Caribbean ocean, which is being supported under The Hague (La Haya) questionable new international fuzzy limit model, which should not over rule a historic treaty well implemented by international law and consistently applied through the years. Nicaragua still has similar disputes with Costa Rica with alike intentions.



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