Abstract

OCHOA NAVARRO, Alejandra Isabel Fernanda; MELGAR CARRASCO, Lily Maribel  and  TELLO CABELLO, Luis Auberto. THE CASE OF SANTA ROSA ISLAND AND THE BORDER DELIMITATION BETWEEN PERU AND COLOMBIA IN THE LIGHT OF THE RIO DE JANEIRO PROTOCOL. Aula Virtual [online]. 2025, vol.6, n.13, e637.  Epub Jan 23, 2026. ISSN 2665-0398.  https://doi.org/10.5281/zenodo.18324686.

The purpose of this study was to offer a legal-critical analysis of the Peruvian-Colombian border demarcation, focusing on Santa Rosa Island, in light of the 1934 Rio de Janeiro Protocol of Peace, Friendship, and Cooperation. The methodology applied was basic and explanatory, with a qualitative approach. The results confirm that the controversy does not originate in a legal vacuum, but rather in a factual discrepancy in the application and interpretation of a firm and stable legal title. It was concluded that the 1934 Rio de Janeiro Protocol of Peace, Friendship, and Cooperation constitute the fundamental legal title, which, together with the principle of Pacta Sunt Servanda and the express prohibition of the Rebus Sic Stantibus clause established in Article 1, establishes the basis for the agreement. Article 62.2.a of the CVDT for boundary treaties allows us to indicate that the geomorphological changes of the Amazon River, or the alleged union of Santa Rosa Island to Chinería Island, lack the legal capacity to modify the legally agreed boundary, with the agreement prevailing over the natural dynamics of the riverbed.

Keywords : Santa Rosa Island; border delimitation; Peru and Colombia; Rio de Janeiro Protocol.

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