Legal analysis of the purchase-sale of the Pearl Cays

Abstract

This is a judicial investigation about the Pearl Lagoon Keys, which states that the conflict is not a case of National sovereignty, since the territorial rights of Nicaragua are not being questioned. This is a problem of ownership where an individual, foreigner is trying to take possession of, and sell, property of public value if said keys should be considered as such, in accordance with the civil code, the Agrarian Law of 1917, and the General Environmental or Natural Resources Law, or indigenous Communal Land in compliance with the Political Constitution of Nicaragua and the Autonomy Statutes of the Caribbean Coast of Nicaragua. According to this investigation both rules place the keys out of commerce or trade. The author explores both aspects with the objective of clarifying the legal status of the Pearl Lagoon Keys and the validity or legality of the purchase sale.