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 Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.