Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea: Implications for the Customary International Law of the Sea

Abstract

The International Court of Justice’s judgment in Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea reflects one of the most significant contributions the Court has made to customary international law of the sea since the Anglo-Norwegian Fisheries case. This article assesses the Court’s findings in the 2022 judgment in relation to customary international law and the implications of the Court’s views for the law of the sea, especially as reflected in the UN Convention on the Law of the Sea. After providing a background to the legal proceedings between Nicaragua and Colombia, the discussion focuses on the respective rights and duties of states within the exclusive economic zone, artisanal fishing rights, straight baselines, and the contiguous zone. The article concludes with reflections on the interaction of the Court’s judgment with the UN Convention on the Law of the Sea.