On November 22, 2013, the International Court of Justice delivered an order on Costa Rica’s request for the indication of new provisional measures in the Case Concerning Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua), which has been joined with the Case Concerning Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica).  In November 2010, Costa Rica instituted proceedings against Nicaragua due to “the incursion into, occupation of and use by Nicaragua’s army of Costa Rican territory”, as well as for “serious damage inflicted to its protected rainforests and wetlands,” damage to the Colorado River, and Nicaragua’s dredging and canalization activities on the San Juan River.  In December 2011, Nicaragua instituted proceedings against Costa Rica for “violations of Nicaraguan sovereignty and major environmental damages on its territory,” contending that Costa Rica was undertaking construction of a new road by the border area along the San Juan River and, allegedly, caused ongoing damage to the river.

According to the press release, the Court ruled that Nicaragua should: refrain from any dredging and other activities in the disputed territory and should refrain from work in the new “caños” (artificial channels); fill the trench on the beach north of the eastern caño within two weeks of the order; “cause the removal from the disputed territory of any personnel, whether civilian, police or security and [] prevent any such personnel from entering the disputed territory”; and “cause the removal from and prevent the entrance into the disputed territory of any private persons under its jurisdiction or control.”  The Court also held that “Costa Rica might take appropriate measures related to the two new caños, to the extent necessary to prevent irreparable prejudice to the environment of the disputed territory and that, in taking these measures, Costa Rica should avoid any adverse effects on the San Juan River.”  The Court ordered that the Parties should regularly inform it, at three-month intervals, as to their compliance with the provisional measures.