Chile says in the ICJ that it is free to use the waters of the Silala "as it pleases, without payment or agreement"

Chile says in the ICJ that it is free to use the waters of the Silala “as it pleases, without payment or agreement”

Paulo Lizárraga A. / Page Seven Digital

(Extended with the exhibition of Laurence Boisson Des Chazournes)

The Chilean defense before the International Court of Justice (ICJ) in The Hague stated this Wednesday that Chile is free to use the waters of the Silala “as it pleases, without any payment or agreement.”

“Chile is free to use the waters of the Silala as it pleases, without any additional payment or agreement, as long as its use is equitable (sic) and reasonable. We invite the jury to vote accordingly,” Alan Boyle, a defense attorney from the neighboring country, told the jury.

The lawyer stressed that the waters that start from the national soil would have arrived “downhill” (Chile), either through canals or underground. Therefore, he asserted that Bolivia “cannot declare itself a victim of topography.”

You can also read: Silala: Bolivia asks for compensation for preserving canals and artificial flow

“The best objection to Bolivia’s absurd and baseless demand for payment is that all the water from the Silala flows naturally down the slope to Chile. Bolivia cannot declare itself a victim of topography”, pointed out the lawyer.

In this sense, he pointed out that Bolivia cannot demand compensation for maintaining the canalizations through which the water flows, if it decides to maintain them.

“If Bolivia wants to restore wetlands, Chile would positively encourage it”

Jurist Laurence Boisson Des Chazournes, part of the Chilean defense, stated that if Bolivia has the desire to dismantle the canals and restore the Silala wetlands to their pre-1920 state, it will be something that Chile “would positively encourage.”

“Chile has recognized in the clearest terms Bolivia’s sovereignty over the canals located in its territory (…), Chile also recognized Bolivia’s right to demolish those canals. If Bolivia wants to remove the canals and restore the wetlands to their pre-1920 state, this is something that Chile would positively encourage,” he stated.

On Monday, Bolivia’s defense at the ICJ announced the country’s intention to “dismantle” the channels and facilities through which the waters of the Silala flow onto Chilean soil.

“I have been authorized to state that Bolivia has the firm intention of proceeding with the revitalization of the bofedales, and that although a final decision has not been made, the Government believes that the best way to do so will be to proceed with the dismantling of the facilities, although other more costly possibilities can be considered,” lawyer Alain Pellet reported on Monday.

The statement made by the Bolivian legal team arose within the framework of the statements of the Chilean defense, which indicated that it would not oppose Bolivia destroying the constructions built in the 20th century, so that the waters of the wetland flow to the trans-Andean country.



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