니카라과와 온두라스 간 영토․해양분쟁 사건

The International Court of Justice(ICJ) delivered its judgment on the Case Concerning Territorial and Maritime Dispute between Nicaragua and Honduras(Nicaragua/Honduras Case) on 8 October 2007. Originally the issue raised by Nicaragua was about maritime delimitation between the two Caribbean countries. However, sovereignty over islands issue was added when Nicaragua requested the Court to decide on which country is the owner of the islands Bobel Cay, Savanna Cay, Port Royal Cay, and South Cay. Honduras insisted that the 4 disputed islands had been their territory under the Uti Possidetis Juris principle since its independence from Spain. But the claim was rejected by the court. Honduras presented various evidences to show its effectivites. The materials and written statements presented by Honduras were about legislative and administrative control, application and enforcement of criminal and civil law, regulation of immigration, regulation of fisheries activities, naval patrol, oil concession, and public works related to the islands. The court allowed as evidence some materials related to enforcement of criminal and civil law, immigration regulation, fisheries activities regulation. So the court concluded that Honduras had showed a sufficient pattern of conduct to act as the owner of the islands. Honduras insisted that there had been de facto maritime boundary along the 15° between Nicaragua and Honduras. However the court found that the contention of Honduras can not be sustained. The Court also concluded that there was no tacit agreement between the Parties of a nature to establish a legally binding maritime boundary. Nicaragua and Honduras thought that the equidistance method was not reasonable to delimit maritime boundary between them. The Court also considered some form of bisector of the angle created by lines representing the relevant mainland coasts could be a suitable basis for maritime delimitation. Therefore bisector method was applied for the single maritime boundary delimitation. The small islands Bobel Cay, Savanna Cay, Port Royal Cay, and South Cay were allowed only territorial sea of 12 nautical miles.