Bolivia takes sea access dispute with Chile to world court

National Court News

Bolivia made an emotional appeal Monday for the International Court of Justice to order Chile to enter talks over granting the landlocked South American nation access to the Pacific Ocean, saying the dispute will remain a source of conflict if it's not resolved.

Bolivia lost its only seacoast to Chile in a war between from 1879 to 1883, and has been demanding access to the Pacific for generations. Bolivia also accuses Chile of reneging on pledges to negotiate.

"For 139 years, Bolivia has suffered the historical injustice of becoming landlocked," former Bolivian President Eduardo Rodriguez Veltze told judges sitting in the ornate Great Hall of Justice at the world court's headquarters, the Peace Palace. "Restoring Bolivia's sovereign access to the sea would make a small difference to Chile, but it would transform the destiny of Bolivia."

Chile argues that its border with Bolivia was settled in a 1904 treaty and that it's not under any legal obligation to negotiate. Chile's lawyers will present their case later this week.

Prof. Payam Akhavan, a lawyer representing Bolivia, said that despite the treaty, Chile had made repeated pledges to find a solution to the dispute.

"If the 1904 treaty settled all issues for all times, if there was no remaining dispute, why did the parties continue to negotiate sovereign access for more than a century?" he said.

"This case is not an academic exercise. It is not mere political posturing," Akhavan told judges. "The people have suffered real and continuing injury. Chile cannot sweep this dispute under the carpet. It will remain a constant source of conflict until it is resolved."

Rodriguez said that Bolivia's lack of direct access to the sea is holding back its economy.

"It is estimated that if Bolivia had not been stripped of the sea, the annual GDP (gross domestic product) growth could be at least 20 percent higher," he told judges.

Rulings by the court, the United Nations' highest judicial organ, are final and binding. Judges will likely take months to issue a decision.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.