Bolivia's Right To The Sea: A Geopolitical Conundrum

Bolivia has been fighting for access to the sea for over a century. The landlocked country lost its coastline to Chile during the War of the Pacific in 1879, resulting in a loss of 120,000 sq km of land. Bolivia has since sought to regain access to the Pacific Ocean, arguing that it is essential for its economic growth and a matter of national pride. In 2013, Bolivia took Chile to the International Court of Justice (ICJ) to force negotiations on sovereign access to the sea. However, the ICJ ruled in 2018 that Chile was not legally obligated to negotiate, dealing a blow to Bolivia's long-standing aspirations. Despite the setback, Bolivia's president, Evo Morales, vowed that the country will never give up on its pursuit of access to the sea.

Bolivia's claim that Chile has avoided its obligation to discuss access to the sea

Bolivia has been landlocked since the 1880s when it lost its coastline to Chile in the War of the Pacific. Bolivia has long argued that Chile has avoided its obligation to discuss access to the sea.

In 2013, Bolivia brought a petition against Chile before the International Court of Justice (ICJ) in The Hague. Bolivia asked the ICJ to find that Chile was obligated to negotiate with Bolivia towards granting Bolivia sovereign access to the sea. Bolivia argued that Chile had not kept diplomatic promises and obligations made under international law to negotiate sea access, namely a land corridor and port under its control.

Chile disputed this claim, arguing that the issue was settled by the 1904 Treaty of Peace and Friendship and that any discussions would be a matter of diplomacy rather than a legal obligation. Chile also pointed out that Bolivia already has duty-free access to the Chilean port of Arica.

In 2015, the ICJ found that it had jurisdiction to hear the case, rejecting Chile's preliminary objection. However, in 2018, the ICJ ruled against Bolivia, finding that Chile was not under a legal obligation to negotiate sovereign access to the Pacific Ocean for Bolivia. The ruling was final and binding, but it did not rule on which nation rightfully controlled the disputed territory.

Despite the ruling, Bolivian President Evo Morales said that Bolivia "will never give up" its pursuit of access to the Pacific Ocean. Morales has used the dispute to rally political support, and Bolivia continues to maintain a navy and celebrate an annual "day of the sea" to reiterate its perceived right to ocean access.

The International Court of Justice's ruling on the matter

The court found that none of the legal bases invoked by Bolivia established an obligation for Chile to negotiate. This included prior statements and actions made by Chile, which the court found showed no intent to be legally bound. The court also did not rule on which nation rightfully controlled the disputed territory.

While the court acknowledged that Bolivia's landlocked situation presented issues that were of mutual interest to both parties, it ultimately concluded that Chile was not obliged to enter into negotiations. This conclusion was based on the fact that Chile had not committed to any specific agreements or obligations through its prior statements and actions.

The ICJ's ruling was a significant setback for Bolivian President Evo Morales, who was seeking a fourth term in office in 2019 and had made the issue of accessing the Pacific Ocean a key part of his political campaign. Despite the ruling, Morales stated that "Bolivia will never give up" and that he interpreted the ruling as a "call to continue with the dialogue".

On the other hand, Chilean President Sebastián Piñera welcomed the ruling, stating that "Chile has no obligation to negotiate" and that Morales had "made us waste five years which could have been spent building a healthy relationship between the two countries."

The economic impact of being landlocked on Bolivia

Bolivia has been landlocked since the 19th century, when it lost access to the sea after a war with Chile. This has had a significant impact on the country's economy, with higher transport costs and limited trade opportunities.

One of the main disadvantages of being landlocked is the increased transport costs. Land transport charges are often higher than sea transport charges, and landlocked countries may be subject to monopoly pricing in neighbouring countries. As a result, landlocked countries often face higher costs for importing and exporting goods, which can hinder economic growth. In the case of Bolivia, the lack of sovereign access to the Pacific Ocean adds an additional 55.7% to the price paid per container shipped compared to what Chile pays. This increases Bolivia's transport costs and affects its overall economic development.

In addition to higher transport costs, being landlocked can also limit trade opportunities. Landlocked countries may have to rely on neighbouring countries for transit access, which can create logistical challenges and increase the time and cost of trade. In the case of Bolivia, much of its trade passes through Chilean ports, and the country has argued that having sovereign access to the Pacific Ocean would boost its economic growth. Bolivia shipped about 80% of its total exports from Arica, a Chilean port, in 2017.

The impact of being landlocked on Bolivia's economy is further exacerbated by the country's dependence on commodity exports. Commodities, including natural gas, accounted for 95% of Bolivia's merchandise exports in 2017. This heavy reliance on commodity exports makes the country vulnerable to fluctuations in commodity prices, as evidenced by the recent slowdown in economic growth due to falling commodity prices.

Despite the challenges of being landlocked, Bolivia has made impressive economic gains in recent years. Between 2004 and 2014, the country's gross domestic product (GDP) grew at an average annual rate of 4.9%, one of the best economic performances in South America. During this period, Bolivia also reduced extreme poverty from 35% to 18% and achieved a positive external balance, reduced public debt, and efficient taxation. However, the lack of access to the sea continues to be a hindrance to the country's economic development.

In summary, the economic impact of being landlocked on Bolivia has been significant. The country faces higher transport costs, limited trade opportunities, and increased vulnerability to commodity price fluctuations. While Bolivia has made efforts to diversify its economy and improve its trade relations, the lack of sovereign access to the sea remains a challenge to its economic growth and development.

Chile's response to the ruling

Chile welcomed the ruling by the International Court of Justice (ICJ) in its favour, stating that it had no obligation to negotiate with Bolivia over granting it access to the sea. Chilean President Sebastián Piñera stressed that "Chile has no obligation to negotiate". He also criticised Bolivian President Evo Morales for raising "false expectations" among his people and wasting "five years that could have been spent building a healthy relationship between the two countries".

The ICJ ruling was a major setback for President Morales, who was present at the court in The Hague as the ruling was read out. He maintained that Bolivia would not give up its pursuit of access to the Pacific Ocean. Despite the ruling, Morales continued his efforts to begin negotiations with Chile. Bolivia also planned to reduce its dependence on Chilean ports by shifting its trade to Peruvian ports.

The dispute between Bolivia and Chile has been a long-standing issue, dating back to the 19th century. Bolivia lost its access to the sea after being defeated by Chile in the War of the Pacific in the 1880s, resulting in the loss of 120,000 sq km of land and its coastline. Since then, Bolivia has sought to regain sovereign access to the sea, arguing that the lack of access has hindered its economic growth.

Chile, on the other hand, maintained that the issue was settled by the 1904 Treaty of Peace and Friendship, which granted Bolivia free trade access to Chilean ports without sovereign control. Chile also pointed out that it had offered Bolivia sea access in the past, such as in the Charaña Accords of 1975, but these attempts at negotiation were unsuccessful due to disagreements between the two countries.

Bolivia's navy and the Day of the Sea

Bolivia maintains a small navy despite being landlocked since the War of the Pacific and the Treaty of Peace and Friendship in 1904. The Bolivian Navy, established in 1963, has approximately 5,000 personnel and participates in parades and government functions, particularly the Día del Mar (Day of the Sea). This annual event serves as a reminder of Bolivia's claim to sovereign access to the sea, which it lost after its defeat by Chile in the War of the Pacific (1879-1884). Bolivia asserts that it had access to the sea at its independence in 1825 and that Chile recognised this access in the Boundary Treaty of 1866.

The Bolivian Navy's primary purpose is to keep alive the hope of recovering the country's coastline, fostering a maritime consciousness among Bolivians. It has ten naval districts and bases across the country, with a focus on patrolling Lake Titicaca and the country's extensive river systems to combat smuggling and drug trafficking. The Navy also plays a role in delivering supplies to remote areas and providing assistance during floods.

The dispute between Bolivia and Chile over maritime access has been a long-standing issue, with Bolivia arguing that sovereign access to the Pacific Ocean is crucial for its economic growth. In 2013, Bolivia brought the case to the International Court of Justice (ICJ) in The Hague, seeking to force Chile into negotiations. However, the ICJ ruled against Bolivia, stating that Chile was not obliged to negotiate. Despite this setback, Bolivia remains steadfast in its pursuit of maritime access, with President Evo Morales declaring, "Bolivia will never give up."

The Bolivian Navy's existence is a testament to the country's determination to reclaim its access to the sea. While the Navy engages in various local duties and international collaborations, its presence also serves as a symbol of Bolivia's unwavering aspiration for a coastline, as reflected in the annual Day of the Sea commemorations.

Frequently asked questions