ABSTRACT

On 27 January 2014 the International Court of Justice (hereinafter ‘ICJ’) rendered the judgment on the Maritime Dispute (Peru v. Chile) case.1 The jurisdiction of the Court was based on Art. XXXI of the American Treaty on Pacific Settlement (Bogotá, 1948). The main question submitted to the ICJ related to the maritime bound-

ary between Chile and Peru. Chile argued that the Declaration on the Maritime Zone (Santiago, 1952), adopted by Chile, Ecuador and Peru (hereinafter ‘Santiago Declaration’) had already established a maritime boundary along the parallel of latitude passing through the starting point of the land boundary between the two countries and extending to 200 NM, as also evidenced by subsequent agreements and practice. Peru argued that no agreed maritime boundaries existed between the parties and requested the Court to determine the boundary line according to equidistance in order to achieve an equitable result.2