Bolivia asks the ICJ to recognize its sovereignty over Silala waters

  Bolivia asked the International Court of Justice (ICJ) on Wednesday to declare the sovereign right of that country over the waters of the Silala River, in its counterclaim as part of the dispute it maintains with Chile before that court.

In the penultimate day of oral arguments before the ICJ in The Hague, the agent (main representative) of the Bolivian side, the diplomat Roberto Calzadilla, asked the court to declare the Bolivian right to the channels on the Silala that are in its territory.

Regarding these artificial canals, Calzadilla asked for the recognition of the Bolivian right to decide in a sovereign way when and how to carry out maintenance tasks.

Calzadilla also asked the ICJ to declare Bolivia's sovereignty over the "artificial flow" of the Silala waters in its territory, and that "Chile has no acquired rights" over this water flow.

Furthermore, the Bolivian diplomat argued, any claim by Chile over access to the waters of the Silala River, as well as conditions and compensation, "are subject to the conclusion of an agreement with Bolivia".

ICJ judges will hear Chile's reply to the dispute on Thursday, at the close of the cycle of oral arguments.

The court's final decision may still take months or even years, but it is binding and cannot be appealed.

The day before, the agent of the Chilean delegation, Ximena Fuentes, had asked the ICJ to declare the fluvial system of the Silala River as an "international watercourse".

She also asked the ICJ to rule on Chile's right to the use of "the waters of the Silala river system, in accordance with customary international law".

This case dates back to 2016, when Chile filed a claim in the midst of another dispute between the two countries before the same ICJ, in which the Bolivian side asked to force the Chilean authorities to negotiate a sovereign outlet to the sea.

In 2018, this same court argued that Chile was not "legally obliged to negotiate" an exit to the sea with Bolivia.

In that context, Bolivia's then president, Evo Morales, threatened to reduce the flow of water from the Silala to Chile's Atacama Desert and to impose tariffs for its use.

Chile and Bolivia have been at loggerheads for decades over the status of river and maritime waters.

Diplomatic relations between the two countries have been broken since 1978, when the last attempt to negotiate Bolivia's access to the Pacific Ocean failed.