Jean Monnet Seminar > Spring Semester 2004


The Jean Monnet Seminar, Spring 2004

Home of the Brave:
American Use of Force since WWII



THE NICARAGUA INTERVENTION



     
     
1.   INTRODUCTION  
     
2.  NICARAGUA V. THE UNITED STATES OF AMERICA  
  2.1  Summaries (ICJ website)  
 
  • ORDER OF 10 MAY 1984 - PROVISIONAL MEASURES
  • ORDER OF 4 OCTOBER 1984 - DECLARATION OF INTERVENTION
  • JUDGMENT OF 26 NOVEMBER 1984 - JURISDICTION OF THE COURT AND ADMISSIBILITY OF THE APPLICATION
  • JUDGMENT OF 27 JUNE 1986 - MERITS
 
  2.2  Summary of the 27 June 1986 Judgement (by the Max Planck Society, World Court Digest series)  
  2.3  Judgment of 26 November 1984 - Jurisdiction of the Court and Admissibility of the Application  
  2.4  U.S. Statement of Withdrawal from the Proceedings  
  2.5  Judgment of 27 June 1986 - MERITS  
   
  • Separate opinion of President Nagendra Singh
  • Dissenting opinion of Judge Oda
  • Dissenting opinion of Judge Schwebel
  • Dissenting opinion of Judge Sir Robert Jennings
 
3.  Fernando R. Teson, APPRAISALS OF THE ICJ'S DECISION: NICARAGUA V. UNITED STATES (MERITS), 81 A.J.I.L. 173  
     
4.  Richard Falk, APPRAISALS OF THE ICJ'S DECISION: NICARAGUA V. UNITED STATES (MERITS), 81 A.J.I.L.  
       

 
     
   Required Reading  
     
  -

The Summaries of the International Court of Justice judgments

 
  -

The Judgment of the ICJ (World Court) of 27 June 1986, pp. 82 - 102

 
       

 
     
   Guiding Questions  
     
 

1) "Intervention" - What is the significance of Nicaragua starting it?

 
 

2) Why is the US involvement/not collective self-defence? Compare the level of initial military activity of the US and Nicaragua.

 
 

3) How important is the World Court's progressive usage of customary international law to its outcome?

 

4) Finally, think of the role of the International Court of Justice? As it decided the case, war was still waging. Was the World Court resolving a legal or a political dispute? Is this inevitable, desirable, avoidable, detestable, etc...?

 
         
 
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Last updated on September 9th, 2004

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