LAW 2520 Lecture 1: Public International Law Cases
Document Summary
Nicaragua charged that the us, in recruiting, training, arming, equipping + otherwise encouraging military and paramilitary actions in and against nicaragua had violated its treaty obligations to. Also charged that us had breached international law by violating sovereignty, using force, intervening in internal affairs etc. Us argued that it was exercising a right of collective self-defence with el savador. Us argued that the icj did not have jurisdiction. Court determined that it had jurisdiction on the basis of both compulsory jurisdiction under art36(2) or the 1956 treaty of friendship. The icj has jurisdiction to hear a dispute between two states if each accept the court"s jurisdiction. Icj ruled in favour of nicaragua and against the us and awarded reparations to nicaragua. Nb: the us refused to participate in the proceedings after the court rejected its arguments about jurisdiction. The us later blocked enforcement of the judgment by the unsc and thereby prevented nicaragua from obtaining any actual compensation.
