The background of this dispute goes back to the mid-1980s. In 1985, the then Foreign Minister of Peru,
Allan Wagner first addressed this issue formally with the Minister of Foreign Affairs of Chile at the time,
Jaime del Valle. The following year, the
Peruvian Ambassador Juan Miguel Bakula Patino had an interview with Foreign Minister Jaime del Valle on this matter, and handled a diplomatic note, dated 23 May 1986. By the aforementioned note, issued by the Embassy of Peru in Santiago de Chile, Peru stated its position regarding the necessity of "concluding a treaty on
maritime boundaries", on the premise that it must reach a formal and definitive delimitation of maritime spaces, which complement the geographical proximity between Peru and Chile. In ICJ proceedings Chile disputes that these meeting was ever about Peru wanting a maritime boundary treaty, in the contrary Chile argued that Peru recognized the Treaties signed in the 1950s and that meetings had a totally different basis. Chile ratified the
Convention on the Law of the Sea in 1997 and, according to its text, in September 2000, deposited it with the
United Nations. Its nautical charts indicated the
parallel 18º21'00" South as the maritime boundary between the two countries. The constitution of Peru prevents its government to ratify the sea convention however its Peruvian Government formalized its position on the issue, through a note sent to the United Nations on January 7, 2001, which does not recognize the line of latitude as the maritime boundary between the two countries. Public discussion on this subject was revived in 2005, when the Congress of Peru began to process a bill on determining the baseline of maritime domain, which are sequences of points that determine where it finishes the coastal edge and therefore begins the territorial sea as such, setting the width of the maritime domain of Peru to the distance of 200 nautical miles, using a line bisector in the south, bordering with Chile. The Peruvian law was passed and promulgated on November 3, 2005. On January 16, 2008, the government of Peru introduced in the
International Court of Justice the
"Case Concerning Maritime Delimitation between the Republic of Peru and the Republic of Chile", also called
Peru v. Chile. The case is meant to adjudicate the re-delimitation of the maritime border between these two countries. In the case, Peru, whose legal team included jurist
Juan Vicente Ugarte del Pino, argued that the
maritime boundary has never been defined by a treaty and should run on a southwestern direction from their land border, perpendicular to the natural slope of the South American coast in an equidistant angle from both coastlines. Chile claims that in trilateral treaties signed together with Peru and Ecuador in 1952 and 1954, it is clearly stated that a maritime boundary (written as "límite marítimo" in Spanish) runs in a western direction, parallel to the equator. The Chilean agent to the Court is former Undersecretary for Foreign Affairs, Ambassador
Alberto van Klaveren. The Peruvian agent is the current Ambassador to The Netherlands,
Allan Wagner. ==Judgment==