The Silala Case: Was Justice Served?
Author: Benjamin Salas Kantor
On 1 December 2022, the International Court of Justice (“ICJ” or “Court”) issued its decision on the Silala case. At the time of the Application, the Parties’ views were positively opposed. Chile requested a declaratory judgment that the Silala River system is an international watercourse, the use of which is governed by customary international law (“CIL”). It furthermore sought a declaration recognizing that its current use of the water is equitable and reasonable. Bolivia, on the other hand, rejected Chile’s legal characterization of the Silala, arguing instead that it was a spring wholly located in Bolivian territory and artificially steered…