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(Extended with the exposition of the jurist Forteau)
The Bolivian defense before the International Court of Justice (ICJ) in The Hague stated on Tuesday that the country is entitled to compensation that must include the cost of maintaining the pipelines, in case Bolivia changes its position and desists from dismantling them.
Bearing in mind that Chile does not have an acquired right to continue receiving the surface flow enhanced by the canalizations in the event that Bolivia decides to dismantle the canalizations and Chile returns to its previous position, in order that it wants the flow to be maintained, Bolivia You declare that you are entitled to compensation. This would include the maintenance cost of the pipelines and the value of the enhanced surface flow of the pipelines, which would therefore continue to flow towards Chile,” said attorney Rodman Bundy, part of the Bolivian legal team.
You can also read: Bolivia: Chile benefited a century and wants to keep the total Silala
He added that a change in the position of the plaintiff country in the future is “totally possible”, in the sense that dismantling the pipes will reduce “considerably” the flow emanating from the bofedales located south of Potosí.
“It is entirely possible that Chile will change its position in the future, that the dismantling of the pipelines will considerably reduce the surface flow that crosses the border,” he said.
Bolivia closed this Tuesday the round of oral arguments before the Court installed in The Hague.
On Monday, it made known its intention to dismantle the constructions that date back to the last century, since Chile stated in its allegations that Bolivia has total sovereignty over the canalizations.
The dismantling of the canals
The jurist and defender of Bolivia before the ICJ Mathias Forteau stated that Chile conditions Bolivia in relation to the dismantling of the canals “to its own right of equitable (sic) and reasonable use” of the waters of the Silala.
“In a section of its last writings referring to the right to dismantle artificial facilities, Chile refers again through the prism of the obligation not to cause significant border damage to the right to equitable (sic) and reasonable use of the waters of the Silala ”, he indicated.
He pointed out that any right to dismantle would be subject to notifications and consultations with neighboring countries, in relation to the planned measures.
“Chile reiterates its position on the right to dismantle, which would be subject to the violation of notifying, informing and consulting Chile with respect to all the measures envisaged. This very extensive violation does not correspond to applicable customary international law as Professor (Alain) Pellet recalled yesterday, and therefore cannot limit this to the sovereign right of dismantling that Bolivia has”, Forteau said.
