2 of 7 DOCUMENTS

INTERNATIONAL COURT OF JUSTICE

DISPUTE CONCERNING NAVIGATIONAL AND RELATED RIGHTS OF COSTA RICA ON THE SAN JUAN RIVER

(COSTA RICA v NICARAGUA)

DIFFEREND RELATIF AUX DROITS DE NAVIGATION ET DROITS CONNEXES DU COSTA RICA SUR LE FLEUVE SAN JUAN

(COSTA RICA c. NICARAGUA)

INTERNATIONAL COURT OF JUSTICE

2005 ICJ LEXIS 8

29 September 2005

TEXT: [*1]

APPLICATION INSTITUTING PROCEEDINGS OF THE REPUBLIC OF COSTA RICA

To the Registrar

International Court of Justice

The undersigned being duly authorized, by the Government of the Republic of Costa Rica

Introduction

1 On behalf of the Government of the Republic of Costa Rica and pursuant to Article 36, paragraphs 1 and 2, and article 40 of the Statute of the Court and Article 38 of the Rules of Court, I have the honour to submit for decision of the Court the present Application instituting proceedings against the Government of the Republic of Nicaragua The case concerns breaches of Nicaragua's obligations towards Costa Rica under the following:

(a) the Treaty of Limits between Costa Rica and Nicaragua, San Jose, 15 April 1858 ("the Treaty of Limits"), in particular Article VI; n1

(b) the arbitral award issued by the President of the United States of America, Grover Cleveland, on 22 March 1888 ("the Cleveland Award"), declaring the extent of Costa Rica's right of navigation of the River San Juan, n2

(d) the Agreement Supplementary to Article [*2] IV of the Pact of Amity, Washington, 9 January 1956 ("the 1956 Agreement"), in particular Articles I and II, n4 and

(e) other applicable rules and principles of international law

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n1 This is referred to as the Canas-Jerez Treaty. An English translation of the Treaty is found in the Costa Rican Memorial presented to President Cleveland in 1887: see Argument on the Questions of the Validity of the Treaty of Limits between Costa Rica and Nicaragua and Other Supplementary Points Connected with it, submitted to the Arbitration of the President of the United States of America, filed on behalf of the Government of Costa Rica by Pedro Perez Zeledon, its Envoy Extraordinary and Minister Plenipotentiary in the United States (Translated into English by J.L Rodriguez, Washington Gibson Bros, Printers and Bookbinders, 1887) Source U S National Archives, Record Group 76, Record of Boundary and Claims Commission and Arbitration, Costa Rica-Nicaragua Boundary Arbitration, NC-155, Entry 24 This and the original Spanish text are at Attachment 1

n2 The Award was given in English, see Foreign Relations of the United States, 1889/I, pp 456-9, Attachment 2

n3 English translation published in (1917) 11 American Journal of International Law 181

[*3]

n4 1465 United Nations Treaty Series 233, Attachment 3>ENDFN>

The Court's Jurisdiction

2 The Court has jurisdiction over the present dispute in accordance with the provisions of Article 36, paragraph 2, of its Statute, by virtue of the operation of the following.

(a) the declarations of acceptance made respectively by the Republic of Costa Rica dated 20 February 1973, and by the Republic of Nicaragua dated 24 September 1929,

(b) the Tovar-Caldera Agreement, Alajuela, 26 September 2002. n5

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n5 2197 United Nations Treaty Series 78, Attachment 4>ENDFN>

3 The Court also has jurisdiction over the present dispute in accordance with the provisions of Article 36, paragraph 1, of its Statute, by virtue of the operation of the American Treaty on Pacific Settlement of Disputes, Bogota, 30 April 1948, Article XXXI (the Pact of Bogota) n6 The parties have expressed their commitment to the Pact of Bogota through the Pact of Amity, Washington, 21 February 1949, Article III n7

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n6 30 United Nations Treaty Series 55 Both Costa Rica and Nicaragua are parties to the Pact of Bogota.

n7 1465 United Nations Treaty Series 221, Attachment 5>ENDFN>

[*4] 4. Under the Tovar-Caldera Agreement, in consideration of Nicaragua maintaining unchanged for three years the legal status with respect to its declaration of acceptance of this Court, Costa Rica agreed during the same period not to initiate any action "before the Court nor before any other authority on any matter or protest mentioned in treaties or agreements currently in force between both countries" n8

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n8 As quoted in La Prensa (Managua), 27 September 2002, the President of Nicaragua, Enrique Bolanos said "Siempre reconocemos a la Corte International y lo que estamos haciendo precisamente es dar un compas de espera, pero estoy seguro que dentro de tres afios Nicaragua y Costa Rica no vamos a necesitar acudir a ninguna Corte" (In English "We always acknowledge the International Court and precisely what we are doing is establishing a standstill period, but I am certain that in three years Nicaragua and Costa Rica will not need to have recourse to any court"), Attachment 6>ENDFN>

5 During the three-year standstill period, the two Parties were indeed able to make progress on a number of important issues for the Central American region, to their mutual benefit Unfortunately, [*5] however, the dispute over Costa Rica's navigational and related rights on the San Juan River remains unresolved It is this dispute which is now submitted to the Court

Character of the dispute

6 Article VI of the Treaty of Limits granted to Nicaragua sovereignty over the waters of the San Juan River, recognizing at the same time important rights to Costa Rica These rights were confirmed and interpreted with binding effect by the Cleveland Award and by the judgment of the Central American Court of Justice of 1916 According to these instruments and other applicable rules and principles of international law, the rights of Costa Rica on the San Juan River include the following

(a) the perpetual right of free navigation for commercial purposes of Costa Rican boats and their passengers;

(b) the right for boats of Costa Rica to touch at any part of the banks of the river where the navigation is common, without paying any dues except such as may be established by agreement between the two Governments,

(d) the right to navigate the San Juan River in official boats for supply purposes, exchange [*6] of personnel of the border posts along the right bank of the river with their official equipment, including the necessary arms and ammunitions, and for the purposes of protection, as established in the pertinent instruments

(e) the right not to have navigation on the river obstructed or impaired at any point where Costa Rica is entitled to navigate

7 In addition, Articles I and II of the 1956 Agreement provide as follows

"Article I

The Two Parties shall collaborate to the best of their ability in order to carry out those undertakings and activities which require a common effort by both States and are of mutual benefit and, in particular, in order to facilitate and expedite traffic on the Pan American Highway and on the San Juan River within the terms of the Treaty of 15 April 1858 and its interpretation given by arbitration on 22 March 1888, and also to facilitate those transport services which may be provided to the territory of one Party by enterprises which are nationals of the other

Article II

The two Parties shall, in so far as possible and with the utmost diligence, arrange for the supervision of their common border as a means of preventing the illegal entry of either [*7] weapons or armed groups from the territory of one of the Parties into the territory of the other."

8 The facts underlying the present dispute may be simply stated. Nicaragua has -- in particular since the late 1990s -- imposed a number of restrictions on the navigation of Costa Rican boats and their passengers on the San Juan River These restrictions are of a continuing character and include the following:

(a) the imposition of charges on Costa Rican boats and their passengers,

(b) the obligation to stop successively at each Nicaraguan military post on the Nicaraguan bank of the River to report the names of the passengers and to obtain authorisation to navigate, or as the case may be to continue to navigate, on the River,

(c) the prohibition imposed by the Nicaraguan authorities on Costa Rica to navigate the San Juan River in official boats for supply purposes, exchange of personnel of the border posts along the right bank of the river, with their official equipment, including the necessary arms and ammunitions, and for purposes of protection, as established in the pertinent instruments; as well as the prohibition on Costa Rica to navigate the river in accordance with Article [*8] Second of the Cleveland Award,

(d) the imposition of timetables for navigation on the River;

(e) limitations to free moorage along the banks of the River,

(f) other limitations to free and expeditious transit on the River

9 In particular, and reserving the right to further particularise the various breaches of Costa Rica's rights, the following cases of Nicaraguan conduct may be instanced

(a) Nicaragua denies that Costa Rican boats engaged in the commercial carriage of passengers or the provision of services are acting for the purposes of commerce within the meaning of Article VI of the Treaty of Limits as interpreted by the Cleveland Award and by the Central American Court of Justice

(b) Nicaragua requires all Costa Rican boats entering the River to stop on the Nicaraguan River bank, and imposes charges on them for doing so Those charges are US $ 4 dollars for immigration charges, US $ 5 dollars for a tourism card (which is charged irrespective of the purpose of the voyage) and US $ 20 dollars for the use of "port facilities" to every Costa Rican vessel These charges are imposed irrespective of any need to or use of facilities, moreover there is no infrastructure of any [*9] kind that may be considered as port facilities on the Nicaraguan bank of the River, with the exception of Castillo Viejo Costa Rica has never agreed to these charges or charged Nicaraguan boats for mooring on the Costa Rican bank of the River

(c) Since 15 July 1998, Nicaragua has claimed that Costa Rican public authorities and Costa Rican official boats cannot navigate the San Juan River for supply purposes, exchange of personnel of the border posts along the right bank of the river, with their official equipment, including the necessary arms and ammunitions, and for purposes of protection, without the express consent of the authorities of that country.

(d) On 28 September 2005, just after the end of the 3-year standstill period under the Tovar-Caldera Agreement, the National Assembly of Nicaragua passed Resolution No 17-2005 (the text of which is Attachment 7), threatening to impose economic sanctions against Costa Rica in the event of its bringing the present dispute to the Court, annexed to that Resolution is the text of a draft law which would impose an import tax of 35% on all goods and services of Costa Rican origin

10. Costa Rica seeks the cessation of this Nicaraguan [*10] conduct which prevents the free and full exercise and enjoyment of the rights that Costa Rica possesses on the San Juan River, and which also prevents Costa Rica from fulfilling its responsibilities under Article II of the 1956 Agreement and otherwise In the event that Nicaragua imposes the economic sanctions referred to above, or any other unlawful sanctions, or otherwise takes steps to aggravate and extend the present dispute, Costa Rica further seeks the cessation of such conduct and full reparation for losses suffered

Previous attempts at a diplomatic settlement of the dispute

11. Costa Rica has proposed many times to Nicaragua a diplomatic solution as well as the use of the available mechanisms of peaceful resolution of differences, including mediation through the Organization of American States and international arbitration The Government of Nicaragua has rejected all those alternatives The three-year standstill period agreed between the Parties (see paragraph 4 above) has now passed without any resolution of the problem.

Remedies requested by Costa Rica

12 For these reasons, and reserving the right to supplement, amplify or amend the present Application, as well [*11] as to request the Court to establish provisional measures which might be necessary to protect its rights and to prevent the aggravation of the dispute, Costa Rica requests the Court to adjudge and declare that Nicaragua is in breach of its international obligations as referred to in paragraph 1 of this Application in denying to Costa Rica the free exercise of its rights of navigation and associated rights on the San Juan River In particular the Court is requested to adjudge and declare that, by its conduct, Nicaragua has violated

(a) the obligation to facilitate and expedite traffic on the San Juan River within the terms of the Treaty of 15 April 1858 and its interpretation given by arbitration on 22 March 1888,

(b) the obligation to allow Costa Rican boats and their passengers to navigate freely and without impediment on the San Juan River for commercial purposes, including the transportation of passengers and tourism,

(c) the obligation to allow Costa Rican boats and their passengers while engaged in such navigation to moor freely on any of the San Juan River banks without paying any charges, unless expressly agreed by both Governments,

(d) the obligation not to require Costa [*12] Rican boats and their passengers to stop at any Nicaraguan post along the river,

(e) the obligation not to impose any charges or fees on Costa Rican boats and their passengers for navigating on the River;

(f) The obligation to allow Costa Rica the right to navigate the river in accordance with Article Second of the Cleveland Award;

(g) The obligation to allow Costa Rica the right to navigate the San Juan River in official boats for supply purposes, exchange of personnel of the border posts along the right bank of the San Juan River, with their official equipment, including the necessary arms and ammunitions, and for the purposes of protection, as established in the pertinent instruments,

(h) the obligation to collaborate with Costa Rica in order to carry out those undertakings and activities which require a common effort by both States in order to facilitate and expedite traffic in the San Juan River within the terms of the Treaty of Limits and its interpretation given by the Cleveland Award, and other pertinent instruments,

(i) the obligation not to aggravate and extend the dispute by adopting measures against Costa Rica, including unlawful economic sanctions contrary to treaties [*13] in force or general international law, or involving further changes in the regime of navigation and associated rights on the San Juan River not permitted by the instruments referred to above

Further, the Court is requested to determine the reparation which must be made by Nicaragua, in particular in relation to any measures of the kind referred to in paragraph 10 above

13 In accordance with the provisions of Article 31 of the Statute of the Court and Article 35 (1) of its Rules, the Government of the Republic of Costa Rica states its intention to designate an ad hoc judge.

14. The Minister of Foreign Affairs of Costa Rica has appointed as Agent for these proceedings the undersigned It is requested that all communications of this case be notified to the Agent at the following address

Embassy of the Republic of Costa Rica

Laan Copes van Cattenburch 46

2585GB, The Hague

The Netherlands

Respectfully,

Edgar Ugalde-Alvarez

Ambassador of Costa Rica to The Netherlands

Agent

29 September 2005

List of Attachments

1 Costa Rica-Nicaragua, Treaty of Territorial Limits, San Jose, 15 April 1858

2 Arbitral award issued by the President of the United States of America, [*14] Grover Cleveland, 22 March 1888

3 Costa Rica-Nicaragua, Agreement Supplementary to Article IV of the Pact of Amity, Washington, 9 January 1956

4 Costa Rica-Nicaragua, Agreement (Tovar-Caldera Agreement), Alajuela, 26 September 2002

5 Costa Rica-Nicaragua, Pact of Amity, Washington, 21 February 1949

6 Statement by President Bolanos, as reported in La Prensa (Managua), 27 September 2002

7. Resolution A.N No 17-2005 of the National Assembly of the Republic of Nicaragua, 28 September 2005

EMBAJADA DE COSTA RICA

PAISES BAJOS

The Hague, 29th September, 2005

To the Registrar

of the International Court of Justice

With reference to the Application of the Republic of Costa Rica deposited today,

I certify that the attachments are true copies of the documents referred to and that the translations provided are accurate. A certified translation of Attachment 7, Resolution AN No 17-2005 of the National Assembly of the Republic of Nicaragua, 28 September 2005, will be provided shortly

Yours faithfully,

Edgar Ugalde

Ambassador of Costa Rica to the Netherlands

Agent

ATTACHMENT 1:

Costa Rica-Nicaragua, Treaty of Territorial Limits, San Jose, 15 April [*15] 1858

Treaty of Limits between Costa Rica and Nicaragua, concluded April 15th, 1858 *

>FTNT>

* This is a literal transcription of the translation included in the "Argument on the Questions of the Validity of the Treaty of Limits between Costa Rica and Nicaragua and Other Supplementary Points Connected with it, submitted to the Arbitration of the President of the United States of America, filed on behalf of the Government of Costa Rica by Pedro Perez Zeledon, its Envoy Extraordinary and Minister Plenipotentiary in the United States" (Translated into English by J.L. Rodriguez, Washington Gibson Bros, Printers and Bookbinders, 1887) Source U.S. National Archives, Record Group 76, Record of Boundary and Claims Commission and Arbitration, Costa Rica-Nicaragua Boundary Arbitration, NC-155, Entry 24.>ENDFN>

We, Maximo Jerez, Minister Plenipotentiary of the Government of the Republic of Nicaragua, and Jose Maria Canas, Minister Plenipotentiary of the Government of the Republic of Costa Rica, having been entrusted by our respective Governments with the mission of adjusting a treaty of limits between the two Republics, which should put an end to all the differences which have [*16] obstructed the perfect understanding and harmony that must prevail among them for their safety and prosperity, and having exchanged our respective powers, which were examined by Hon. Senor Don Pedro R. Negrete, Minister Plenipotentiary of the Government of the Republic of Salvador, exercising the functions of fraternal mediator in these negotiations, who found them to be good and in due form, as we on our part also found good and in due form the powers exhibited by the said Minister, after having discussed with the necessary deliberation all the points in question, with the assistance of the representative of Salvador who was present, have agreed to and adjusted the following Treaty of Limits between Nicaragua and Costa Rica.

ARTICLE I.

The Republic of Nicaragua and the Republic of Costa Rica declare in the most solemn and express terms that if for one moment they were about to enter into a struggle for reason of limits and for others which each one of the high contracting parties considered to be legal and matter of honor, now after having given each other repeated proofs of good understanding, peaceful principles, and true fraternity, they are willing to bind themselves, [*17] as they formally do, to secure that the peace happily re-established should be each day more and more affirmed between the Government and the people of both nations, not only for the good and advantage of Nicaragua and Costa Rica, but for the happiness and prosperity which, to a certain extent, our sisters, the other Central American Republics, will derive from it.

ARTICLE II.

The dividing line between the two Republics, starting from the Northern Sea, shall begin at the end of Punta de Castilla, at the mouth of the San Juan de Nicaragua river, and shall run along the right bank of the said river up to point three English miles distant from Castillo Viejo, said distance to be measured between the exterior works of said castle and the above-named point. From here, and taking the said works as centre, a curve shall be drawn along said works, keeping at the distance of three English miles from them, in its whole length, until reaching another point, which shall be at the distance of two miles from the bank of the river on the other side of the castle. From here the line shall continue in the direction of the Sapoa river, which empties into the Lake of Nicaragua, and it shall [*18] follow its course, keeping always at the distance of two miles from the right bank of the San Juan river all along its windings, up to reaching its origin in the lake; and from there along the right shore of the said lake until reaching the Sapoa river, where the line parallel to the bank and shore will terminate. From the point in which the said line shall coincide with the Sapoa river - a point which, according to the above description, must be two miles distant from the lake -- an astronomic straight line shall be drawn to the central point of the Salinas Bay in the Southern Sea, where the line marking the boundary between the two contracting Republics shall end.

ARTICLE III.

Such surveys as may be required to locate this boundary, whether in whole or in part, shall be made by Commissioners appointed by the two Governments; and the two Governments shall agree also as to the time when the said survey shall be made. Said Commissioners shall have the power to somewhat deviate from the curve around the castle, from the line parallel to the banks of the river and the lake, or from the astronomic straight line between Sapoa and Salinas, if they find that natural land-marks can [*19] be substituted with advantage.

ARTICLE IV.

The Bay of San Juan del Norte, as well as the Salinas Bay, shall be common to both Republics, and, therefore, both the advantages of their use and the obligation to contribute to their defence shall also be common. Costa Rica shall be bound, as far as the portion of the banks of the San Juan river which correspond to it is concerned, to contribute to its custody in the same way as the two Republics shall contribute to the defence of the river in case of external aggression; and this they shall do with all the efficiency within their reach.

ARTICLE V.

As long as Nicaragua does not recover the full possession of all her rights in the port of San Juan del Norte, the use and possession of Punta de Castilla shall be common and equal both for Nicaragua and Costa Rica; and in the meantime, and as long as this community lasts, the boundary shall be the whole course of the Colorado river It is furthermore stipulated that, as long as the said port of San Juan del Norte remains a free port, Costa Rica shall not charge Nicaragua any custom duties at Punta de Castilla.

ARTICLE VI.

The Republic of Nicaragua shall have exclusively [*20] the dominion and sovereign jurisdiction over the waters of the San Juan river from its origin in the Lake to its mouth in the Atlantic; but the Republic of Costa Rica shall have the perpetual right of free navigation on the said waters, between the said mouth and the point, three English miles distant from Castillo Viejo, said navigation being for the purposes of commerce either with Nicaragua or with the interior of Costa Rica, through the San Carlos river, the Sarapiqui, or any other way proceeding from the portion of the bank of the San Juan river, which is hereby declared to belong to Costa Rica. The vessels of both countries shall have the power to land indiscriminately on either side of the river at the portion thereof where the navigation is common; and no charges of any kind, or duties, shall be collected unless when levied by mutual consent of both Governments.

ARTICLE VII.

It is agreed that the territorial division made by this treaty cannot be understood as impairing in any way the obligations contracted whether in public treaties or in contracts of canalization or public transit by the Government of Nicaragua previous to the conclusion of the present treaty; on [*21] the contrary, it is understood that Costa Rica assumes those obligations, as far as the portion which corresponds to its territory is concerned, without injury to the eminent domain and sovereign right which it has over the same.

ARTICLE VIII.

If the contracts of canalization or transit entered into by the Government of Nicaragua previous to its being informed of the conclusion of this treaty should happen to be invalidated for any reason whatever, Nicaragua binds herself not to enter into any other arrangement for the aforesaid purposes without first hearing the opinion of the Government of Costa Rica as to the disadvantages which the transaction might occasion the two countries; provided that the said opinion is rendered within the period of 30 days after the receipt of the communication asking for it, if Nicaragua should have said that the decision was urgent; and, if the transaction does not injure the natural rights of Costa Rica, the vote asked for shall be only advisory.

ARTICLE IX.

Under no circumstances, and even in case that the Republics of Costa Rica and Nicaragua should unhappily find themselves in a state of war, neither of them shall be allowed to commit [*22] any act of hostility against the other, whether in the port of San Juan del Norte, or in the San Juan river, or the Lake of Nicaragua.

ARTICLE X.

The stipulation of the foregoing article being essentially important for the proper custody of both the port and the river against foreign aggression, which would affect the general interests of the country, the strict performance thereof is left under the special guarantee which, in the name of the mediator Government, its Minister Plenipotentiary herein present is ready to give, and does hereby give, in use of the faculties vested in him for that purpose by his Government.

ARTICLE XI.

In testimony of the good and cordial understanding which is established between the Republics of Nicaragua and Costa Rica, they mutually give up all claims against each other, on whatever ground they may be founded, up to the date of the present treaty; and in the same way the two contracting parties do hereby waive all claims for indemnification of damages which they might consider themselves entitled to present against each other.

ARTICLE XII.

This treaty shall be ratified, and the ratifications thereof shall be exchanged, at Santiago [*23] de Managua within forty days after it is signed.

In testimony whereof we have hereunto subscribed our names to the present instrument, executed in triplicate, together with the Hon. Minister of Salvador, and under the countersign of the respective secretaries of Legation, at the city of San Jose, in Costa Rica, on the 15th day of April, in the year of our Lord 1858.

MAXIMO JEREZ.

JOSE M. CANAS.

PEDRO ROMULO NEGRETE.

MANUEL RIVAS,

Secretary of the Legation of Nicaragua.

SALVADOR GONZALEZ,

Secretary of the Legation of Costa Rica.

FLORENTINO SOUZA,

Secretary of the Legation of Salvador.

ADDITIONAL ACT.

The undersigned, Ministers of Nicaragua and Costa Rica, wishing to give public testimony of their high esteem and of their feeling of gratitude towards the Republic of Salvador, and the worthy representative of the same, Col. Don Pedro R. Negrete, have agreed that the treaty of territorial limits be accompanied with the following declaration, namely:

"Whereas, the Government of Salvador has given to the Governments of Costa Rica and Nicaragua the most authentic testimony of its noble feelings, and of its high appreciation [*24] of the value and necessity of cultivating fraternal sympathy among these Republics, and has interested itself as efficiently as friendly in the equitable settlement of the differences which unhappily have existed between the high contracting parties, a settlement which has been secured by the two Legations, owing in great part to the estimable and efficient action of the Hon. Senor Negrete, Minister Plenipotentiary of the said Government, who proved to be the right person to accomplish the generous mediation for which he was appointed, and who has known perfectly well how to meet the intentions of his Government, and owing also to the important aid, to the learning and to the impartial suggestions of the same Minister during the discussion of the subject, we, the Representatives of Costa Rica and Nicaragua, in the name of our respective countries, do hereby fulfill the pleasant duty of declaring and recording here all the gratitude which we feel for the patriotism, high mindedness, fraternity, and benevolence characterizing the Government of Salvador.

In testimony whereof we have hereunto subscribed our names and signed this, in triplicate, in the presence of the Hon. Minister [*25] of Salvador, under the countersign of the respective Secretaries of Legation, in the city of San Jose, the capital of Costa Rica, on the 15th day of April, in the year of our lord 1858.

MAXIMO JEREZ.

JOSE M. CANAS.

MANUEL RIVAS,

Secretary of the Legation of Nicaragua.

SALVADOR GONZALEZ,

Secretary of the Legation of Costa Rica.

ATTACHMENT 2:

Arbitral award issued by the President of the United State of America, Grover Cleveland, 22 March 1888 ROVER CLEVELAND,

President of the United States of America.

To WHOM IT SHALL CONCERN, GREETING:

The functions of Arbitrator having been conferred upon the President of the United States by virtue of a Treaty signed at the City of Guatemala on the 24th day of December, one thousand eight hundred and eighty-six, between the Republish of Costa Rica and Nicaragua, whereby it was agreed that the question pending between the contracting Governments in regard to the validity of their Treaty of Limits of the 15th day of April, one thousand eight hundred and fifty-eight, should be submitted to the arbitration of the President of the United States of America; that if the Arbitrator's award should determine that [*26] the Treaty was valid, the same award should also declare whether Costa Rica has the right of navigation of the River San Juan with vessels of war or of the revenue service; and that in the same manner the Arbitrator should decide, in case of the validity of the Treaty, upon all the other points of doubtful interpretation which either of the parties might find in the Treaty and should communicate to the other party within thirty days after the exchange of the ratifications of the said Treaty of the 24th day of December, one thousand eight hundrel and eighty-six;

And the Republic of Nicaragua having duly communicated to the Republic of Costa Rica eleven points of doubtful interpretation found in the said Treaty of Limits of the 15th day of April, one thousand eight hundred and fifty-eight; and the Republic of Costa Rica having failed to communicate to the Republic of Nicaragua any points of doubtful interpretation found in the said last-mentioned Treaty;

And both parties having duly presented their allegations and documents to the Arbitrator, and having thereafter duly presented their respective answers to the allegations of the other party as provided in the Treaty of the 24th day of [*27] December, one thousand eight hundred and eighty-six;

And the Arbitrator pursuant to the fifth clause of said last-named Treaty having delegated his powers to the Honorable George L. Rives, Assistant Secretary of State, who, after examining and considering the said allegations, documents and answers, has made his report in writing thereon to the Arbitrator;

Now therefore I, Grover Cleveland, President of the United States of America, do hereby make the following decision and award:

First. -- The above-mentioned Treaty of Limits signed on the 15th day of April, one thousand eight hundred and fifty-eight, is valid.

Second. -- The Republic of Costa Rica under said Treaty and the stipulations contained in the sixth article thereof, has not the right of navigation of the River San Juan with vessels of war; but she may navigate said river with such vessels of the Revenue Service as may be related to and connected with her enjoyment of the "purposes of commerce" accorded to her in said article, or as may be necessary to the protection of said enjoyment.

Third. -- With respect to the points of doubtful interpretation communicated as aforesaid by the Republic of Nicaragua, 1 decide [*28] as follows:

1. -- The boundary line between the Republics of Costa Rica and Nicaragua, on the Atlantic side, begins at the extremity of Punta de Castilla at the mouth of the San Juan de Nicaragua River, as they both existed on the 15th day of April, 1858. The ownership of any accretion to said Punta de Castilla is to be governed by the laws applicable to that subject.

2. -- The central point of the Salinas Bay is to be fixed by drawing a straight line across the mouth of the Bay and determining mathematically the centre of the closed geometrical figure formed by such straight line and the shore of the Bay at low-water mark.

3. -- By the central point of Salinas Bay is to be understood the centre of the geometrical figure formed as above stated. The limit of the Bay towards the ocean is a straight line drawn from the extremity of Punta Arranca Barba, nearly true South to the Westernmost portion of the land about Punta Sacate.

4. -- The Republic of Costa Rica is not bound to concur with the Republic of Nicaragua in the expenses necessary to prevent the Bay of San Juan del Norte from being obstructed; to keep the navigation of the River or Port free and unembarrassed, or to improve it [*29] tor the common benefit.

5. -- The Republic of Costa Rica is not bound to contribute any proportion of the expenses that may be incurred by the Republic of Nicaragua for any of the purposes above mentioned.

6. -- The Republic of Costa Rica cannot prevent the Republic of Nicaragua from executing at her own expense and within her own territory such works of improvement, provided such works of improvement do not result in the occupation or flooding or damage of Costa Rica territory, or in the destruction or serious impairment of the navigation of the said River or any of its branches at any point where Costa Rica is entitled to navigate the same. -- The Republic of Costa Rica has the right to demand indemnification for any places belonging to her on the right bank of the River San Juan which may be occupied without her consent, and for any lands on the same bank which may be flooded or damaged in any other way in consequence of works of improvement.

7. -- The branch of the River San Juan known as the Colorado

River must not be considered as the boundary between the Republics of Costa Rica and Nicaragua in any part of its course.

8. -- The right of the Republic of Costa Rica to the [*30] navigation of the River San Juan with men-of-war or revenue cutters determined and defined in the Second Article of this award.

9. -- The Republic of Costa Rica can deny to the Republic of Nicaragua the right of deviating the waters of the River San Juan in case such deviation will result in the destitution or serious impairment of the navigation of the said River or any of its branches at any point where Costa Rica is entitled to navigate the same

10. -- The Republic of Nicaragua remains bound not to make any grants for canal purposes across her territory without first asking the opinion of the Republic of Costa Rica, as provided in article VII of the Treaty of Limits of the 15th day of April, one thousand eight hundred and fifty-eight. The natural rights of the Republic of Costa Rica alluded to in the said stipulation are the rights which, in view of the boundaries fixed by the said Treaty of Limits, she possesses in the soil thereby recognized as belonging exclusively to her; the rights which she possesses in the [ILLEGIBLE WORD IN ORIGINAL] of San Juan del Norte and Salinas Bay; and the rights which she possesses in so much of the River San Juan as lies more than three English [*31] miles below Castillo Viejo, measuring from the exterior fortifications of the said castle as the same existed in the year 1858; and perhaps other rights not here particularly specified. These rights are to be deemed injured in any case where the territory belonging to the Republic of Costa Rica is occupied or flooded; where there is an encroachment upon either of the said harbors injurious to Costa Rica; or where there in such an obstruction or deviation of the River San Juan as to destroy or seriously impair the navigation of the said River or any of its branches at any point where Costa Rica is entitled to navigate the same.

11. -- The Treaty of Limits of the 15th day of April, one thousand eight hundred and fifty-eight does not give to the Republic of Costa Rica the right to be a party to giants which Nicaragua may make for inter-oceanic canals; though in cases where the construction of the canal will involve an injury to the natural rights of Costa Rica, her opinion or advice, as mentioned in Article VIII of the Treaty, should be more than "advisory" or "consultative". It would seem in such cases that her consent is necessary, and that she may thereupon demand compensation for [*32] the concessions she is asked to make; but she is not entitled as a right to share in the profits that the Republic of Nicaragua may reserve for herself as a compensation for such favors and privileges as she, in her turn, may concede.

In testimony whereof, I have hereunto set my hand and have caused the Seal of the United States to be hereunto affixed.

Done in triplicate at the City of Washington, on the twenty-second day of March, in the year one thousand eight hundred and' eighty-eight and of the independence of the United States the one-hundred and twelfth. ROVER CLEVELAND,

By the President

T.F. BAYARD,

Secretary of State.

ATTACHMENT 3:

Costa Rica-Nicaragua, Agreement Supplementary to Article IV of the Pact of Amity, Washington, 9 January 1956

No. 24844

NICARAGUA and COSTA RICA

Agreement pursuant to article IV of the Pact of Amity, signed on 21 February 1949 (with a declaration by the Government of Costa Rica). Signed at Washington on 9 January 1956

Authentic text: Spanish.

Registered by Nicaragua on 1 July 1987

[TRANSLATION -- TRADUCTION]

AGREEMENT n1 BETWEEN THE GOVERNMENTS OF THE REPUBLICS OF COSTA RICA AND NICARAGUA PURSUANT TO ARTICLE IV OF THE PACT OF AMITY SIGNED [*33] ON 21 FEBRUARY 1949 n2

>FTNT>

n1 Came into force on 25 May 1960 by the exchange of the Instruments of ratification, which took place at Washington, in accordance with article XV.

n2 See p. 217 of this volume.>ENDFN>

The Governments of the Republics of Costa Rica and Nicaragua, reaffirming their desire to maintain the close friendship as befits two fraternal and neighbouring peoples, and to avoid in future any dispute which may disrupt their fraternal relations; desiring to implement the provisions of article IV of the Pact of Amity of 21 February 1949 n2 concerning the best manner of putting into practice the provisions of the Convention concerning the Duties and Rights of States in the event of Civil Strife n3 through a bilateral agreement; recognizing the effective efforts to bring about peace made by the Council of the Organization of American Stales acting provisionally as the Organ of Consultation, which, in its resolution II of 24 February 1955, appealed to the two Governments to sign the aforesaid Agreement; have agreed to enter into this Agreement in the presence of the Chairman and other Members of the Council of the Organization of American States. To this end, His [*34] Bxcellency, the President of Costa Rica, Don Jose Figueres, and His Excellency the President of Nicaragua, General Anastasio Somoza, have designated the following Plenipotentiaries:

>FTNT>

n2 See p. 217 of this volume.

n3 League of Nations, Treaty Series, vol CXXXIV, p 45.>ENDFN>

For the Republic of Costa Rica: His Excellency Ambassador Fernando Fournier,

Representative of Costa Rica on the Council of the Organization of American States;

For the Republic of Nicaragua: His Excellency Ambassador Dr Guillermo Sevilla Sacasa,

Representative of Nicaragua on the Council of the Organization of American States;

who, having shown their full powers, found in good and due form, agree to sign (his Agreement:

The two Parties, acting in the spirit which should move the members of the Central American family of nations, shall collaborate to the best of their ability in order to carry out those undertakings and activities which require a common effort by both States and are of mutual benefit and, in particular, in order to facilitate and expedite traffic on the Pan American Highway and on the San Juan River within the terms of the Treaty of 15 April 1858 n4 and its interpretation [*35] given by arbitration on 22 March 1888, n5 and also in order to facilitate those transport services which may be provided to the territory of one Party by enterprises which are nationals of the other.

>FTNT>

n4 British and Foreign State Papers, vol 48, p 1049.

n5 Ibid., vol. 79, p. 555.>ENDFN>

The two Parties shall, in so far as possible and with the almost diligence, arrange for the supervision of their common border as a means of preventing the illegal entry of either weapons or armed groups from the territory of one of the Parties into the territory of the other. The authorities of the two Governments, and, in particular, the border authorities, shall exchange, as fully as possible, any information which may come to their attention and which might help to avoid such incidents.

III

Each Party undertakes to apply the necessary measures to prevent revolutionary movements from being fomented or from rising up in its territory against the other Party.

Each Party undertakes to apply all measures to prevent any person, national or alien, operating anywhere under its jurisdiction from participating in or abetting any subversive undertaking, terrorist act or attack against [*36] the Head of State of the other Party, the other members of the executive authorities, the high civil or military authorities, candidates for those positions and their immediate family members, irrespective of whether relations maintained are between the two Governments.

The contribution, supply or provision of weapons, war material or equipment, the training, enlistment, organization or transport of personnel, or the acquisition or supply of monies for the aforesaid purposes, together with any other similar acts, shall be considered as participation for purposes of the preceding article.

The two Parties agree to apply, in respect of asylees, articles I, II, III, V, VI, VII, VIII, IX and X of the Convention on Territorial Asylum, n1 signed at the Tenth Inter-American Conference, the text of which follows.

>FTNT>

n1 United Nations, Treaty Series, vol 1438, No I-24378.>ENDFN>

"Article I. Every State has the right, in the exercise of its sovereignty, to admit into its territory such persons as it deems advisable, without through the exercise of this right, giving rise to complaint by any other State"

"Article II. The respect which, according to international law, is [*37] due the jurisdictional right of each State over the inhabitants in its territory, is equally due, without any restriction whatsoever, to that which it has over persons who enter it proceeding from a State in which they are persecuted for their beliefs, opinions, or political affiliations, or for acts which may be considered as political offenses.

"Any violation of sovereignty that consists of acts committed by a government or its agents in another State against the life or security of an individual, carried out on the territory of another State, may not be considered attenuated because the persecution began outside its boundaries or is due to political considerations or reasons of state."

"Article III. No State is under the obligation to surrender to another State, or to expel from its own territory, persons persecuted for political reasons or offences."

"Article V The fact that a person has entered into the territorial jurisdiction of a State surreptitiously or irregularly does not affect the provisions of this Convention.

"Article VI. Without prejudice to the provisions of the following articles, no State is under the obligation to establish any distinction in its legislation, [*38] or in its regulations or administrative acts applicable to aliens, solely because of the fact that they are political asylees or refugees."

"Article VII. Freedom of expression of thought, recognized by domestic law for all inhabitants of a State, may not be ground of complaint by a third State on the basis of opinions expressed publicly against it or its government by asylees or refugees, except when these concepts constitute systematic propaganda through which they incite to the use of force or violence against the government of the complaining State."

"Article VIII. No State has the right to request that another State restrict for the political asylees or refugees the freedom of assembly or association which the latter State's internal legislation grants to ail aliens within its territory, unless such assembly or association has as its purpose fomenting the use of force or violence against the government of the soliciting State."

"Article IX. At the request of the interested State, the State that has granted refuge or asylum shall take steps to keep watch over or to intern at a reasonable distance from its border, those political refugees or asylees who are notorious [*39] leaders of a subversive movement, as well as those against whom there is evidence that they are disposed to join it.

"Determination of the reasonable distance from the border, for the purpose of internment, shall depend upon the judgment of the authorities of the State of refuge.

"All expenses incurred as a result of the internment of political asylees and refugees shall be chargeable to the State that makes the request."

"Article X. The political internees referred to in the preceding article shall advise the government of the host State whenever they wish to leave its territory. Departure therefrom will be granted, under the condition that they are not to go to the country from which they came; and the interested government is to be notified."

Extradition shall not be justified where the offence is political or where it is an offence under ordinary law but is classified by the solicited State as political in nature, except where it involves homicide or another type of personal attack against the Head of State or any other member of the public authorities.

VII

Each Party undertakes not to appoint asylees in its territory to political or military positions.

VIII

Each Party [*40] undertakes not to grant any form of assistance to anyone who in any way attempts to disrupt public order in the territory of the other Party.

Each Party undertakes to prohibit, within its jurisdiction, any trafficking or trade in weapons, military equipment or ammunition by unauthorized persons or entities.

The two Parties agree that any materials mentioned in the preceding article which are found in the jurisdiction of either of the Parties and whose presence there is in violation of the provisions of the article must be immediately confiscated by that Party, and their export must be prevented.

The two Parties agree that any reference made in this Agreement or in the Interamerican Convention concerning the Duties and Rights of States in the event of Civil Strife to "arms or war material" shall include military aircraft, and to civil aircraft where there is reason to believe that they will be used for the purpose of instigating or contributing to civil strife in the territory of either of the Parties They further agree that references to the term "vessels", in the Interamerican Convention concerning the Duties and Rights of States in the event of Civil Strife shall also include [*41] aircraft of all types, whether military or civil.

XII

The two Parties agree to appoint, within 30 days from the date of entry into force of this Agreement, two Border Committees, one whose jurisdiction shall extend from the thalweg of the Pizote River -- which flows into the lake Nicaragua and constitutes the boundary between the departments of Rivas and Rio San Juan, on the Costa Rican border -- to the Caribbean Sea; and the other, with jurisdiction from the thalweg of the Pizote River to the Pacific Ocean. These Committees shall each comprise four officers of the armed forces of the Parties, two of whom shall be appointed by one Party and two by the other. The Parties shall endeavour to fill any vacancy in the Committees within 30 days following the date on which it occurs. The members of the Committees shall reside, during their term of service, in the zone under their Committee's jurisdiction.

XIII

The Border Committees shall be responsible for co-ordinating joint supervision of the common border and investigating any incident liable to disturb the harmony which should exist between the authorities and inhabitants of the two Parties, and they shall make every effort to prevent [*42] such incidents from occurring and seek to resolve them amicably should they arise, without prejudice to the possibility that they may be handled through direct negotiation between the Governments of the Parties or referred to the Commission of Investigation and Conciliation established by the two Governments in accordance with the American Treaty on Pacific Settlement (Pact of Bogota). n1

>FTNT>

n1 United Nations, Treaty Series, vol 30, p 55 >ENDFN>

XIV

This Agreement shall be deposited with the Pan American Union, which shall transmit authentic certified copies to the Signatory Governments, to the other Governments of the States members of the Organization of American States and to the Secretary-General of the United Nations.

This Agreement shall be ratified and shall enter into force when the ratifications are deposited with the Pan American Union, which shall communicate each deposit to the other Signatory Government. Such notification shall be considered as an exchange of ratifications.

IN WITNESS WHEREOF the above-mentioned Plenipotentiaries sign and seal this Agreement at the Pan. American Union, in the presence of the Chairman and other Members of the Council of the [*43] Organization of American States in the city of Washington, D.C., on 9 January 1956

For Costa Rica:

FERNANDO FOURNIER

For Nicaragua: UILLERMO SEVILLA SACASA

The Republic of Costa Rica declares its acceptance of article VI of this Agreement, which amends the regime of asylum laid down in the Convention adopted at the Tenth Inter-American Conference, in as much as the amendment is based on article 11, paragraph 7, of the Costa Rican Penal Code.

ATTACHMENT 4:

Costa Rica-Nicaragua, Agreement (Tovar-Caldera Agreement), Alajuela, 26 September 2002

[TRANSLATION -- TRADUCTION]

THE MINISTERS FOR FOREIGN AFFAIRS OF THE REPUBLICS OF COSTA RICA AND NICARAGUA,

Expressing their unswerving will and determination to develop and strengthen their ties of brotherhood and good-neighbourliness, as countries united by strong historical, geographical, cultural and human ties,

Considering the importance to our peoples of economic integration projects such as the customs union, the free-trade agreement between Central America and the United States of America, the Puebla-Panama Plan and the association agreement between Central America and the European Union, among other significant regional initiatives; [*44]

Noting the importance of deepening cooperation between the two States for the sustainable development of the border region, including the establishment of a special development fund;

Bearing in mind that the strengthening of our good-neighbourly relations is essential to the energetic promotion of Central American economic and cultural integration and the sustainable human development of our countries for the benefit of our peoples;

Convinced that economic integration projects and the creation of an appropriate climate for investment, trade and international cooperation can be further promoted insofar as both parties resort to peaceful means of settlement of any situations that may affect the successful course of their relations; and

Confident that the fraternal spirit that unites our peoples and the renewed bilateral relations will allow for the strengthening of a broad area of understanding and harmony to our mutual advantage,

Have agreed as follows:

1. The Governments of Costa Rica and Nicaragua shall, from today's date, as a matter of cross-border comity, eliminate any charge that might hinder free movement across their common border by means of a temporary entry or exit permit. [*45]

2. The Government of Costa Rica expresses its willingness to eliminate the fee for visas granted to Nicaraguan citizens carrying an ordinary passport as from 1 January 2003 If the elimination of the visa fee requires an amendment to the existing law, the Government of Costa Rica shall promote and support such an amendment, on the understanding that the Legislative Assembly shall take a decision in accordance with its sovereignty. As soon as the Government of Costa Rica eliminates the visa fee, the Government of Nicaragua shall also eliminate, at the national level, the charge for tourist cards and migratory services for Costa Rican citizens. To those ends, the Governments of Costa Rica and Nicaragua shall immediately undertake the appropriate technical studies.

3. The Government of Nicaragua undertakes to maintain, for a period of three years from today's date, the legal status existing on today's date with respect to its declaration of acceptance of the jurisdiction of the International Court of Justice. For its part, during the same period, the Government of Costa Rica will not engage in initiating any action or any international protest against Nicaragua neither before the Court [*46] nor before any other authority on any matter or protest mentioned in treaties or agreements currently in force between both countries.

4. Nothing in the preceding paragraphs shall be interpreted or presumed to be a renunciation or as a diminishing of rights that each Party has and retains in accordance with treaties currently in force in the area of international law.

In witness whereof, we sign, with validity and immediate effect, in the city of Alajuela, Republic of Costa Rica, two original texts, both in the Spanish language and equally valid, on 26 September 2002.

ROBERTO TOVAR FAJA

Minister of Foreign Affairs and Worship of the Republic of Costa Rica

NORMAN CALDERA CARDENAL

Minister of Foreign Affairs of the Republic of Nicaragua

ATTACHMENT 5:

Costa Rica-Nicaragua, Pact of Amity, Washington, 21 February 1949

No. 24843

NICARAGUA and COSTA RICA

Pact of Amity (with annex). Signed at Washington on 21 February 1949

Authentic text: Spanish.

Registered by Nicaragua on 1 July 1987.

[TRANSLATION -- TRADUCTION]

PACT n1 OF AMITY BETWEEN THE GOVERNMENTS OF THE REPUBLICS OF COSTA RICA AND NICARAGUA

>FTNT>

n1 Came into force on 15 July 1949 by the exchange of the Instruments of satification, which look place at Washington, in accordance with paragraph VII.>ENDFN>

[*47]

The Governments of the Republics of Costa Rica and Nicaragua, having taken the measures necessary to carry out, faithfully and in full, each and every one of the provisions contained in the Resolution of the Provisional Organ of Consultation approved on December 24, 1948, the text of which is annexed to the present Pact of Amity, and is fully accepted by the signatory Governments, reiterating their firm resolve to continue taking all measures necessary, without restriction, to observe fully and faithfully each and all of the provisions and recommendations contained in the said Resolution; desiring to put an end to the situation that has arisen between the two States, and at the same time solemnly to reaffirm their desire to maintain the closest friendship and to strengthen the fraternal bonds which have historically characterized their relations; and wishing to avail themselves of the offer made to them by the Council of the Organization of American States, acting as a Provisional Organ of Consultation, of its good offices in attaining this objective, have agreed to enter into the present Pact of Amity in the presence of the Chairman and other Members of the Council. To this end, [*48] His Excellency the President of the Government of Costa Rica, Don Jose Figueres, and His Excellency the President of Nicaragua, Dr. Victor M. Roman y Reyes, have designated the following Plenipotentiaries:

For the Republic of Costa Rica: His Excellency Ambassador Mario A. Esquivel, Representative of Costa Rica on the Council of the Organization of American States;

For the Republic of Nicaragua: His Excellency Ambassador Dr Guillermo Sevilla Sacasa, Representative of Nicaragua on the Council of the Organization of American States; who having exhibited their respective full powers, found in good and due form, agree to sign the present Pact.

The Governments of Costa Rica and Nicaragua both affirm that the events brought before the Council of the Organization of American States, acting as a Provisional Organ of Consultation, should not break the fraternal friendship of the two peoples, manifested in their common history and based on the solidarity which binds together the nations of the Hemisphere.

The Governments of Costa Rica and Nicaragua agree to prevent the repetition in the future of events of this nature, through the constant application by both Governments of effective measures [*49] for the safeguarding of the principles of non-intervention and continental solidarity, as well as for the faithful observance of the treaties, conventions and other inter-American instruments intended to ensure peace and good neighbourliness.

III

The Governments of Costa Rica and Nicaragua recognize the existing obligation of each of them, under the Inter-American Treaty of Reciprocal Assistance of Rio de Janeiro n1 and under Article 20 of the Charter of the Organization of American States, n2 to submit disputes that may arise between them to the methods for the peaceful settlement of international conflicts.

>FTNT>

n1 United Nations, Treaty Series, vol 21, p 77

n2 Ibid., vol. 119, p. 3.>ENDFN>

In order to carry out this high purpose, both Governments agree to apply the American Treaty on Pacific Settlement, known as the Pact of Bogota n3 recognizing that Treaty as having full validity as to disputes between them even before it is formally ratified and enters in consequence into effect between all the American Republics.

>FTNT>

n3 Ibid, vol 30, p, 55.>ENDFN>

The Governments of Costa Rica and Nicaragua likewise undertake to teach an agreement as to the best [*50] manner of putting into practice the provisions of the Convention concerning the Duties and Rights of States in the Event of Civil Strife, n4 in cases contemplated by that Convention, so that it may be applied immediately whenever a situation of this kind arises, in the manner provided for in the said agreement, especially with respect to measures for the control and supervision of frontiers, as well as with respect to any other measure intended to prevent the organization or existence of any revolutionary movement against the Government of either of the two Parties in the territory of the other.

>FTNT>

n4 League of Nations, Treaty Series, vol CXXXIV, p 45>ENDFN>

The Governments of Costa Rica and Nicaragua acknowledge and applaud the action of the Council of the Organization of American States, constituted as a Provisional Organ of Consultation, which has culminated in the present Pact reaffirming the fraternal relations between Costa Rica and Nicaragua

The Pan American Union shall transmit authentic certified copies of the original of the present Pact to the Signatory Governments, to the other Governments of the States members of the Organization, and to the Secretary-General [*51] of the United Nations.

VII

The present Pact shall be ratified and shall enter into force when the ratifications are deposited with the Pan American Union, which shall communicate each deposit to the other Signatory State. Such notification shall be considered as an exchange of ratifications.

IN WITNESS WHEREOF, the Plenipotentiaries above mentioned sign and seat the present Pact at the Pan American Union, in the presence of the Chairman and other Members of the Council of the Organization of American States, in the City of Washington, D.C., this 21st day of February, 1949

For Costa Rica:

MARIO A ESQUIVEL

For Nicaragua

GUILLERMO SEVILLA SACASA

ANNEX

RESOLUTION OF THE COUNCIL OF THE ORGANIZATION OR AMERICAN STATES ACTINO AS A PROVISIONAL ORGAN OF CONSULTATION APPROVED AT THE MEETING ON DECEMBER 24, 1948