The Minister of Foreign Affairs of Chile, Heraldo Muñoz, has announced today that the Government of Chile has decided to file before the International Court of Justice a claim against the Plurinational State of Bolivia requesting that the Court adjudge and declare that the Silala River is an international watercourse and therefore that Chile is entitled to the use of its waters under international law.
The Government of Chile has taken this decision, considering among others, the following reasons:
a) The existence of a dispute originated on Bolivia's contention that the Silala River is not a transboundary watercourse and therefore Bolivia is entitled to the use of 100% of its waters;
b) The public statement of President Evo Morales that Bolivia will file a claim against Chile in the International Court of Justice concerning such dispute, accusing Chile of an unlawful behaviour and of "stealing" the waters of Silala River;
c) The subsequent creation in Bolivia of a Strategic Department (Dirección Estratégica) to develop this new dispute with Chile;
d) The serious and multiple efforts made by Chile in order to solve the dispute in an amicable form, all of which have been ultimately frustrated by Bolivia's insistence on denying Chile's rights; and
e) The duty that Chile has to protect its natural resources bringing legal certainty to the rights that Chile to the use of these waters under international law recognizes.
The behaviour of the Bolivian Government, aimed at litigating a matter that had been discussed by both countries through diplomatic channels, had put Chile in the obligation to act in defense of its rights hostilely challenged by Bolivia. In clear contrast with the claim filed by Bolivia in 2013, the claim filed today by Chile concerns a genuine legal dispute of a technical character, that seeks that the Court will declare and confirm what Bolivia has been intending to deny, which is the nature of the Silala River as an international watercourse.
Today, Ximena Fuentes, the agent appointed by Chile in this claim, had filed the application of Chile instituting the proceedings with the Secretary of the International Court of Justice. Ximena Fuentes, who is an expert on the international law of transboundary watercourses, serves currently as Director of Frontiers and Borders of the Ministry of Foreign Affairs of Chile. She will be joined in these proceedings by María Teresa Infante, former director of Frontiers and Borders who is now the ambassador of Chile before the Netherlands; and by Juan Ignacio Piña, President of the Consejo de Defensa del Estado de Chile and former undersecretary of Justice as the co-agents.
The Government of Chile reaffirms with this claim its permanent policy of full abidance by international law and its firm conviction in the peaceful settlement of disputes of a juridical nature by the International Court of Justice.
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