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CD - Nicaragua vs. US

Nicaragua has filed an application against the United States regarding military and paramilitary activities in Nicaragua, requesting provisional measures from the Court. The U.S. contends that the Court lacks jurisdiction and seeks to terminate the proceedings, but the Court has rejected this request and will keep the case under review. The current phase focuses on the jurisdiction and admissibility of Nicaragua's application without addressing the substantive issues of the dispute.

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42 views1 page

CD - Nicaragua vs. US

Nicaragua has filed an application against the United States regarding military and paramilitary activities in Nicaragua, requesting provisional measures from the Court. The U.S. contends that the Court lacks jurisdiction and seeks to terminate the proceedings, but the Court has rejected this request and will keep the case under review. The current phase focuses on the jurisdiction and admissibility of Nicaragua's application without addressing the substantive issues of the dispute.

Uploaded by

AP Cruz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Nicaragua vs.

US

Ambassador of the Republic of Nicaragua to the Netherlands filed in the Registry of the Court an
Application instituting proceedings against the United States of America in respect of a dispute
concerning responsibility for military and paramilitary activities in and against Nicaragua. At the same time
as the Application was filed, the Republic of Nicaragua also filed a request for the indication of provisional
measures under Article 41 of the Statute.

the Application was at once communicated to the Government of the United States of America. In
accordance with paragraph 3 of that Article, al1 other States entitled to appear before the Court were
notified of the Application.

the United States of America contended that the Court was without jurisdiction to deal with the
Application, and requested that the proceedings be terminated by the removal of the case from the list.
The Court rejected the request of the United States for removal of the case from the list, indicated,
pending its final decision in the proceedings, certain provisional measures, and decided that, until the
Court delivers its final judgment in the case, it would keep the matters covered by the Order continuously
under review.

Nicaragua contends, by certain military and paramilitary activities conducted in Nicaragua and in the
waters off its coasts, responsibility for which is attributed by Nicaragua to the United States.

In the present phase the case concerns the jurisdiction of the Court to entertain and pronounce upon this
dispute, and the admissibility of the Application by which it was brought before the Court. The issue being
thus limited, the Court will avoid not only al1 expressions of opinion on matters of substance, but also any
pronouncement which might prejudge or appear to prejudge any eventual decision on the merits.

Article 36, paragraph 2, of the Statute of the Court provides that :

"The States parties to the present Statute may at any time declare that they recognize as compulsory
ipso facto and without special agreement, in relation to any other State accepting the same
obligation, the jurisdiction of the Court in al1 legal disputes concerning :
(a) the interpretation of a treaty ;
(b) any question of international law :
(c) the existence of any fact which. if established. would constitute a breach of an international
obligation :
(d) the nature or extent of the reparation to be made for the breach of an international obligation."

The United States made a declaration 'containing certain reservations. to be examined below. and
expressed to:

"remain in force for a period of five years and thereafter until the expiration of six months after
notice may be given to terminate this declaration".

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