The Latest Development of Chile-Bolivia Dispute: Questioning International Watercourse Status of Silala/Siloli in ICJ

Abstract

Silala/Siloli is a basin, an international watercourse, flow from highlands of Potosí, Bolivia, to Antofagasta, Chile. Since 1997, Bolivia claims full sovereignty over the watercourse based on the canalisation of Silala/Siloli in 1908. On the other hand, Bolivia has never argued on the existence and status of Silala/Siloli for over 90 years before. Until now, Chile uses the flow to water the cities of Antofagasta, Sierra Gorda, and Baquedano. Recently, the situation is worsened by Bolivia’s decision to conduct several projects around Silala/Siloli. Chile filed its objection to the ICJ on June 2016. In 2018, both parties have concluded the written proceeding by submitting their memorials. The oral proceeding for this contentious case is yet to be decided. This study aims to analyze the definition of international watercourse based on international law. The analysis started from the ILC Guiding Principles on Unilateral Declaration capable of creating legal obligations, general principles regarding territorial claim, and relevant bilateral documents between the two States.