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April 14, 2022
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Chilean defense is optimistic after the end of the Silala river arguments: “If the court rules in our favor, both States win”

Chilean defense is optimistic after the end of the Silala river arguments: "If the court rules in our favor, both States win"

The Chilean defense in the International Court of Justice in The Hague, was optimistic about the resolution that the establishment will pronounce on the use of the waters of the Silala River that confronts our country with Bolivia.

This Thursday the arguments in the Court of The Hague ended with the closure of the Chilean defense responding to the arguments and counterclaim presented by the representatives of Bolivia.

The member of the national defense, Samuel Wordsworth, argued that the arguments of the Bolivian counterclaim have changed over time. “Bolivia maintains that the waters in their entirety are governed by the norms of international law, and that in their counterclaim they request the dismantling of the channels of the riverbed,” she said.

The Undersecretary of Foreign Affairs and Chilean agent in the case, Ximena Fuentespointed out in his speech that the neighboring country’s arguments have no validity.

The decision of the case could take between 6 to 12 months, although it can even exceed a year. The ruling that will be delivered by the high court of the United Nations (UN), is binding and will not admit appeal.

Chilean optimism

Fuentes, at the end of his arguments, declared that the trial “will make it possible to put an end, through a means of peaceful settlement of controversies, to a dispute that has lasted for more than 20 years.”

“In the course of the procedure, it has been demonstrated that Bolivia recognizes that the Silala is an international river and that, therefore, both states have the right to its equitable and reasonable use,” he added.

“Therefore, the case was reduced to a final claim by Bolivia regarding its right to dismantle the pipeline located in its territory, an issue that Chile has never opposed, requiring only that Bolivia comply with its obligations of due care and cooperation, typical of international law,” he said.

Meanwhile, the co-agent and former undersecretary of Foreign Affairs, Caroline Valdiviavalued the parity composition of the defense (15 women and 14 men) and ruled out that there will be difficulties in the future to relate diplomatically with Bolivia in case of obtaining a favorable ruling.

“If the court rules in our favor, the two states win. Bolivia has to take it with a declaratory ruling, which brings certainty about the rights of both parties, if it is seen that way, it should not be seen as an adverse ruling,” he assured.

Under this line, Fuentes believes that the Hague ruling will be favorable and will not bring about future disputes, such as that of the Lauca River.



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