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Military and Paramilitary Activities in and against Nicaragua, Nicaragua v United States, Judgment on Jurisdiction and Admissibility, ICJ GL No 70, [1984] ICJ Rep 392, ICGJ 111 (ICJ 1984), 26th November 1984, International Court of Justice [ICJ]

Military and Paramilitary Activities in and against Nicaragua, Nicaragua v United States, Judgment on Jurisdiction and Admissibility, ICJ GL No 70, [1984] ICJ Rep 392, ICGJ 111 (ICJ 1984), 26th November 1984, International Court of Justice [ICJ]

Whether, under Article 36 of the Statute of the International Court of Justice and its declarations and reservations, the Court had jurisdiction to hear the dispute regarding the legality of the United States' aiding of military and paramilitary forces in Nicaragua, considering that state conduct may manifest intent to recognize compulsory jurisdiction of the Court or, conversely, may estop the state from doing so.

Whether, on the basis alone of the Treaty of Friendship, Commerce and Navigation of 1956, Nicaragua and the United States were bound to accept the compulsory jurisdiction of the Court over claims that implied violations of that treaty.

Whether the dispute was inadmissible considering the United States' arguments that the Court was unable to adjudicate on an ongoing conflict and that Nicaragua failed to exhaust regional negotiations in which the United States was not participating.

Whether the dispute regarding the United States' aiding of military and paramilitary activities in Nicaragua was non-justiciable since it would require the Court to decide issues relating to the use of force and collective self-defence, arguably relating to political and military matters and potentially outside the Court's power to decide ‘legal disputes' under Article 36(2) of the Statute of the International Court of Justice.

Whether El Salvador was a state which would be ‘affected’ by the decision the Court would have to make on Nicaragua's claims that the United States violated various provisions of the Charter of the United Nations and the Organization of American States Charter, and if so, whether the Court lacked jurisdiction to hear these specific claims.

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