Political Science 3201F/G Lecture Notes - Lecture 4: Nicaraguan Americans
31 Aug 2016
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Same questions as should be used in presentation. In small groups review the nicaragua v. united states case, answer the following questions as you would in the debate. Rule of law: icj has jurisdiction to hear a case involving provision of intentional treaty, despite one party"s refusal to concede jurisdiction over disputes under the treaty, if provision represents codification of customary international law. Icj = treaty based organization of equals - if usa doesn"t participate does the icj still have jurisdiction. State claims they funded them but don"t have full control over their actions. Not responsible for paramilitary organizations that commit genocide but not terrorism. Usa is repsonsible for act of war (own troops) but not violating sovereignty (paramilitary) Believed case was based on customary law and believed un charter was very similar. Therefore - regardless of us refusal the icj has jurisdiction b/c customary international law. Un charter is considered to identify customary international laws.
