DISPUTE OVER THE STATUS AND USE OF THE WATERS OF THE SILALA

In accordance with the Entry into Force of the Treaty on the Non-Navigational Uses of International Watercourses of 1997 Draft Article(s) One(1), Two(2), and Three(3), as well as the 1992 Helsinki Convention, Articles Two(2), Three(3), Four(4), and Five(5); parte bona parte. My decision concerns the current border, ecological, monetary, and therefore ex justicia DISPUTE OVER THE STATUS AND USE OF THE WATERS OF THE SILALA which has arisen on the Border between the two complantant countries heretofore referred to as Chile, and Bolivia. The crux of the complaint relies on the previous water sharing agreements for the estuaries, waterways, and surrounding land of the Silala (DISPUTE OVER THE STATUS AND USE OF THE WATERS OF THE SILALA) which were subsequently partially left damaged, or abandoned by the eruption of a local volcanic formation(s) including the Cerro Inacaliri, Cerrito de Silala, and the Volcan Apagado. The ignimbrite fluvial deposits were extracted in the Rio Silala on the Chilean side of the border, thus rendering a number of previously agreed to Bolivian CODELCO Intake Pumping Stations on the Chilean side of the border, and resulting in the Humanitarian, and ecological disaster which ensued on the Bolivian side of the border. The CODELCO Intakes and Pumping Stations, which were originally placed in Inacaliri, Chile, by a private Bolivian Contractor for the Bolivian Government, have been rendered useless by the building of two separate pipelines by the Chilean Government after the separation of the Rio Silala by the emulsions and occlusions from the previous stated Volcanic Eruptions. The decision in this case, concerns the lack of adequate repair to the riverbeds, and ecological disaster which ensued, for the communities along the Rio Silala as well as the Cajones, and Orientales River Valleys, and estuaries. The most troubling aspect of this case, appears to be the lack of Bilateral, and Multilateral International support for what was essentially a Humanitarian Disaster caused by a non-manmade eruption of a series of Volcanoes along the Chilean and Bolivian border. These eruptions, which should have been the main source of the plight of the populations of individuals in Bolivia, owing to the Ecological, and further Humanitarian Disaster which took place. Has instead become an extension of their suffering, as the ability to access safe drinking water, an issue which effects a great many regions of the developing world, and which often requires international aid, only increased their suffering due to their plight concerning this disaster. It should also be noted that several agreements between the two interested parties Chile, and Bolivia, to provide safe, and clean drinking water for the inhabitants of the Rio Silala, have gone unmet, and defunct, due to the previously mentioned Intake Water Pipelines which were unilaterally built by the Government of Chile, and which bypass the CODELCO resource management pumping stations, which were originally built illegally by labor procured from the nation of Bolivia, through previously agreed upon international, and bilateral governmental agreements between the two nations, which were later coerced otherwise by the nation of Chile. This is why the decision to enforce sanctioning penalties, and monetary compensation as well as reparations for the disabuse and anguish of the local populations which depended on these resources.

Judgement for the Plantiff Bolivia and all known correspondents shall be rendered as thus:

Decision One(1): The Dual Chilean Pipelines numbered as One(1) and Two(2) shall be confiscated by the Court, and requisitioned to the Government of Bolivia Immediately.

Decision Two(2): A Trust Fund shall be established to aid the Bolivian Government in managing the sale, and management of the aforementioned pipelines for a sum that is not to (e)xclude US$1.25 Billion. This Trust Fund will be setup and Maintained by a court appointed auditor This decision shall be rendered thus valid, and sanctioned by the Court.

Decision Three(3): A further confiscation of the gross receipts and revenue of the pipelines built on the Bolivian side of the border shall not (e)xclude an additional US$2 Billion in damages related to the default of the use of the previously built CODELCO Intake Pumping Stations which were built by the Bolivian Government, and were subsequently rendered useless by the Chilean Governments actions, on both sides of the Chilean, and Bolivian Borders. These receipts will be a furtherance of the amount set aside in the trust fund for the Bolivian people as explicated in Decision Two(2).  

It is my intention with the seizing and procurement of these resources that the people of the Silala River Valley shall be hereby apportioned an appropriate amount of fiduciary compensation, so as to compensate them, for past intransigencies which led to their superior plight of a lack of adequate drinking water, and that this plight, which was caused by artificial, and superficial instances by the Chilean Government, and associated entities, was wholly unjust, and responded to in a mediocre, and pileous way by the Entities involved, including the international community. It is doubtful that the resolution of this case, by these methods, will fully satisfy the peoples of the Silala River Valley, or this courts appetite for recompense, for such egregious transgressions, by parties who’ve long participated in the suffering of the Bolivian peoples in this part of the World. Nevertheless, the inclusion of this settlement between all interested parties, will hopefully play an important part to bringing issues of plight, and suffering, which have often plagued the Bolivian peoples, to light, and added to what has been a complex interweaving of chapters throughout the histories of both countries, as they settle their domestic, and international relations between one another peaceably, and without further cause of harm to the environment, their respective peoples, or their current standing amongst the international community as pertains to the parties involved.

Judgement shall be rendered as such.

Associate Justice Kevin Michael Miller

International Court of Justice

Geneva, Switzerland

11/13/2022

Signature :