Friday, November 23, 2007

ICJ Deals With Disputes


By Andrew Tarn

With its shaded windows and relative isolation from other committees, some may find the International Court of Justices to be somewhat of a mystery. The truth is, inside the ICJ students participate in courtroom-like meetings, acting as advocates and judges (the judges act as a jury). The reason for the shaded windows? “We didn’t want to let the advocates see our decision,” said Justine Kao, a judge/advocate from the International School of Beijing. The ICJ is involved in solving conflicting international court cases; during this conference they will hear the two cases: Argentina v. Uruguay and Costa Rica v. Nicaragua.Since the postcolonial era of Central American countries, territorial disputes have troubled the relationships between neighboring nations. After concluding the Argentina v. Uruguay dispute, the ICJ moved on to Costa Rica v. Nicaragua. In this case, the International Court of Justices dealt with the navigational and related rights between Costa Rica and Nicaragua, with the San Juan River dispute being a core issue. Advocates involved include Varun Vidyt Arte and Lily Mu from the International School of Beijing representing Nicaragua, and Hyun Wha Oh and Saya Iwasaki from the International School Yangon representing Costa Rica.Advocate Oh of Costa Rica started out first by presenting her country’s stance on the case: “Costa Rica should have navigational rights of the San Juan River because of the Treaty of Limits in 1858, while Nicaragua was violating these rights.” However, according to Advocate Mu of Nicaragua, “The country has the right to tax tourist boats, as the boats damage the San Juan River’s ecosystem, and there is no article in the Treaty of Limits banning this right.”The ICJ then proceeded to the admission of evidence (deciding what evidence can be used later in the debates), with judges questioning Nicaraguan and Costa Rican advocates on their previous statements. Both sides called in witnesses, with Costa Rica first direct-examining, then Nicaragua cross-examining their first witness. Later, they moved on to other witnesses, and will conclude the case today.During the debates, advocates demonstrated their strong persuasive skills while judges listened attentively. The International Court of Justices is an example of how students can truly “model” the United Nations.

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