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Journal articles on the topic 'Law, nicaragua'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 July 2024

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1

Grossman, Nienke. "Territorial and Maritime Dispute." American Journal of International Law 107, no. 2 (April 2013): 396–403. http://dx.doi.org/10.5305/amerjintelaw.107.2.0396.

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On November 19, 2012, the International Court of Justice rendered its judgment in a dispute involving territorial and maritime claims raised by Nicaragua against Colombia in the Caribbean Sea. The Court considered Nicaragua’s requests for a declaration of Nicaraguan sovereignty over seven disputed maritime features and delimitation of a single maritime boundary between the continental shelves and exclusive economic zones appertaining to Nicaragua and Colombia. The Court awarded all disputed territory to Colombia and delimited the maritime boundary between the states’ continental shelves and exclusive economic zones by using a novel mix of weighted base points, geodetic lines, parallels of latitude, and enclaving.

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2

Bederman, David J. "Border and Transborder Armed Actions (Nicaragua v. Honduras), Jurisdiction and Admissibiuty." American Journal of International Law 83, no. 2 (April 1989): 353–57. http://dx.doi.org/10.2307/2202749.

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On July 28, 1986, the Republic of Nicaragua filed an application instituting proceedings against the Republic of Honduras in the International Court of Justice. Nicaragua alleged that Honduras had allowed armed bands, known as contras, to operate from its territory to the detriment of Nicaraguan sovereignty, that Honduran military forces had directly participated in attacks on Nicaragua and that the Government of Honduras had given material aid and logistical support to the rebels. Nicaragua requested that the Court declare the acts and omissions of Honduras to be violations of international law and order it to desist from all such activities and to make reparations to Nicaragua. Honduras objected to the jurisdiction of the Court and to the admissibility of the Application. The parties subsequently agreed that the Court should first decide these questions before proceeding to the merits. Relying on the Pact of Bogotá for its jurisdictional rationale, the Court unanimously held: that it had jurisdiction and that the Application could be entertained.

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3

Rowles, James P. "“Secret Wars,” Self-Defense and the Charter—A Reply to Professor Moore." American Journal of International Law 80, no. 3 (July 1986): 568–83. http://dx.doi.org/10.2307/2201774.

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In a recent article entitled The Secret War in Central America and the Future of World Order, Professor John Norton Moore, a staunch defender of United States actions toward Nicaragua, sets forth a comprehensive array of factual assertions and legal arguments to support his conclusions that support by the United States of Nicaraguan counterrevolutionaries or “contras” and its own actions against Nicaragua are justified as collective self-defense under international law. He also presents arguments to support his conclusion that the International Court of Justice has so exceeded its authority in exercising jurisdiction in the case of Nicaragua v. United States that its decisions are void, and consequently may be ignored by the United States—or, for that matter, Nicaragua. Professor Moore’s analysis and conclusions differ sharply from those of the present writer. It should therefore be useful to identify the main points of disagreement, and to suggest the policy implications of the different legal arguments and conclusions.

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4

Antsygina, Ekaterina, and Bernardo Pérez-Salazar. "Sovereign Rights on the Extended Continental Shelf: The Case of the Nicaraguan Rise in the Western Caribbean." International Journal of Marine and Coastal Law 35, no. 4 (April 8, 2020): 772–800. http://dx.doi.org/10.1163/15718085-bja10006.

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Abstract In 2016, the International Court of Justice (ICJ) ruled on Colombia’s preliminary objections to Nicaragua’s claim over the extended continental shelf in the Western Caribbean, which forms part of a submarine geographic feature known as the ‘Nicaraguan Rise’. This article recalls the long-standing Nicaragua–Colombia conflict over islands and maritime zones and analyses the 2012 and 2016 ICJ decisions with respect to the correlation between the distance and natural prolongation criteria. The article also addresses the role of the Commission on the Limits of the Continental Shelf in delimitation, and concludes by discussing the geopolitical consequences of the future ICJ ruling concerning the delimitation of the extended continental shelf.

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5

Reichler, Paul S. "The Nicaragua Case: A Response to Judge Schwebel." American Journal of International Law 106, no. 2 (April 2012): 316–21. http://dx.doi.org/10.5305/amerjintelaw.106.2.0316.

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Judge Stephen Schwebel has every right to attack the International Court of Justice's judgment in the Nicaragua case and to defend his dissenting opinion. But he goes too far when he accuses Nicaragua of perpetrating a "fraud on the Court." A response is appropriate, especially from counsel cited by Judge Schwebel for "proposing, developing, and arguing Nicaragua's case."

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6

HOSS, CRISTINA, SANTIAGO VILLALPANDO, and SANDESH SIVAKUMARAN. "Nicaragua: 25 Years Later." Leiden Journal of International Law 25, no. 1 (February 6, 2012): 131–33. http://dx.doi.org/10.1017/s0922156511000616.

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The case concerning Military and Paramilitary Activities in and against Nicaragua, better known as the ‘Nicaragua case’ or simply Nicaragua, is arguably one of the most important and controversial cases ever to be heard by the International Court of Justice. Twenty-five years after the judgment on the merits was handed down, it is high time to reassess the impact of Nicaragua on international law. The joint efforts of the Grotius Centre of the Leiden Law School, the Centre on International Courts and Tribunals at University College London, the Netherlands Society of International Law, and the law firm Foley Hoag LLP resulted in a one-day conference, on 27 June 2011, the very day on which the judgment on the merits of the Nicaragua case was handed down, 25 years ago.

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7

Kim, Minchul. "Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia, 2022): A Commentary." Korea International Law Review 63 (October 31, 2022): 33–87. http://dx.doi.org/10.25197/kilr.2022.63.33.

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This article examines the judgment of the Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia), which was rendered by the International Court of Justice (ICJ) in April 2022. In addition, it provides some comments in law of the sea perspective and also draws implications in Korean perspective. In this judgment, the ICJ dealt with the following issues: the rights and duties-particularly with respect to the fisheries and marine environmental protection -of Nicaragua and Colombia in Nicaragua’s exclusive economic zone (EEZ), the compatibility of Colombia’s contiguous zone with customary international law, Nicaragua’s alleged infringement of the traditional fishing rights of the Colombian nationals, and the compatibility of Nicaragua’s straight baselines with customary international law. In this regard, this article points out several noteworthy features in the judgment: first, the ICJ recognized the spatial limit of the contiguous zone and the contents on the control of the coastal State in this zone in accordance with article 33, of the United Nations Convention on the Law of the Sea (UNCLOS), as customary international law; second, the ICJ found it possible for the EEZ and contiguous zone to be overlapped between States, because the two regimes regulate different rights and duties; and third, the ICJ determined whether the straight baselines system established by the coastal State was in effect legal or not. Lastly, in the broader context of the law of the sea, this article also takes note that the ICJ declared or reaffirmed that not a few articles of UNCLOS reflected customary international law in this judgement. This suggests that UNCLOS is constantly contributing to the materialization of the customary law of the sea and broadening its universality in the law of the sea field, as the so-called Magna Carta of the ocean.

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8

Schwebel, Stephen M. "Celebrating a Fraud on the Court." American Journal of International Law 106, no. 1 (January 2012): 102–5. http://dx.doi.org/10.5305/amerjintelaw.106.1.0102.

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The International Court of Justice issued its judgment on the merits in the case of Military and Paramilitary Activities in and Against Nicaragua on June 27, 1986. A public discussion to mark the twenty-fifth anniversary of the rendering of that judgment took place in The Hague on June 27, 2011. The meeting—“The Nicaragua Case 25 Years Later: Its Impact on the Law and the Court”—was arranged with the participation of individuals involved in the formulation and presentation of Nicaragua’s case. A diversity of views was expressed on whether the Court had jurisdiction in the case and on elements of its judgment on the merits, but the mood of the Hague session was celebratory.

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9

D’Amato, Anthony. "Trashing Customary International Law." American Journal of International Law 81, no. 1 (January 1987): 101–5. http://dx.doi.org/10.2307/2202136.

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Central to the World Court’s mission is the determination of international custom “as evidence of a general practice accepted as law.” Students of the Court’s jurisprudence have long been aware that the Court has been better at applying customary law than defining it. Yet until Nicaragua v. United States, little harm was done. For in the sharply contested cases prior to Nicaragua, the Court managed to elicit commonalities in argumentative structure that gravitated its rulings toward the customary norms implicit in state practice. The Court’s lack of theoretical explicitness simply meant that a career opportunity arose for some observers like me to attempt to supply the missing theory of custom.

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10

Yotova, Rumiana. "THE PRINCIPLES OF DUE DILIGENCE AND PREVENTION IN INTERNATIONAL ENVIRONMENTAL LAW." Cambridge Law Journal 75, no. 3 (November 2016): 445–48. http://dx.doi.org/10.1017/s0008197316000672.

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ON 16 December 2015, the International Court of Justice (ICJ) delivered its judgment in the joined cases of Certain Activities Carried out by Nicaragua in the Border Area (Costa Rica v Nicaragua) and Construction of a Road in Costa Rica along the San Juan River (Nicaragua v Costa Rica), ICJ Reports 2015. These are the latest in a line of cases raising key principles of international environmental law before the ICJ, following Pulp Mills (2010), Aerial Herbicide Spraying and Whaling in the Antarctic (2014).

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11

Kalshoven, Frits. "Impartiality and Neutrality in Humanitarian Law and Practice." International Review of the Red Cross 29, no. 273 (December 1989): 516–35. http://dx.doi.org/10.1017/s0020860400074866.

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On 27 June 1986, the International Court of Justice (ICJ) gave judgment in the case concerning Military and Paramilitary Activities in and against Nicaragua. The case, involving Nicaragua against the United States of America, is remarkable in many respects, and so is the judgment. I should like to single out two special features: it deals with a situation of armed conflict, and it mentions the Red Cross.

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12

Neumann, Pamela J. "Transnational Governance, Local Politics, and Gender Violence Law in Nicaragua." Latin American Politics and Society 60, no. 2 (April 17, 2018): 61–82. http://dx.doi.org/10.1017/lap.2018.6.

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AbstractMany Latin American countries have passed laws intended to address femicide and other forms of violence against women. Yet the implementation of these laws has been inconsistent at best. This article analyzes the case of Nicaragua, which passed a comprehensive law on gender-based violence (Law 779) in 2012. While celebrated by local women’s organizations, Law 779 was subsequently weakened through a series of legislative reforms and executive decrees. This article seeks to explain why state actors in Nicaragua initially supported Law 779 and later sought to undermine it. It argues that in contexts characterized by a high concentration of political power like Nicaragua, transnational governance structures are insufficient to ensure the success of gender violence legislation. Through an analysis of Law 779, this article contributes to broader debates about the nature of state legitimacy and the potential of legal advocacy to address violence against women.

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13

Rijpkema, P. P. "Customary International Law in the Nicaragua Case." Netherlands Yearbook of International Law 20 (December 1989): 91. http://dx.doi.org/10.1017/s0167676800001951.

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14

Charlesworth, H. C. M. "Customary International Law and the Nicaragua Case." Australian Year Book of International Law Online 11, no. 1 (1991): 1–31. http://dx.doi.org/10.1163/26660229-011-01-900000005.

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15

Weegels, Julienne. "Prison Riots in Nicaragua: Negotiating Co-Governance Amid Creative Violence and Public Secrecy." International Criminal Justice Review 30, no. 1 (May 15, 2019): 61–82. http://dx.doi.org/10.1177/1057567719849485.

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In this article, I explore how prison riots, large critical incidents of a collective order, emerge, take place, and alter governance relations in place in the Nicaraguan prison system. Drawing on ethnographic research conducted with prisoners and former prisoners of two Nicaraguan prison facilities, I provide a prisoners’ point of view on the political use of violence in prison, particularly during two large prison riots. While authorities often held that prison conditions combined with the “violent attitudes” of prisoners turned prisons into “powder kegs,” such an interpretation does not allow for an understanding of riots as embedded in prison governance structures and conveniently draws the attention away from underlying issues pertaining to the de facto sharing of power in prison in Nicaragua. I argue that by using what has been termed “creative violence,” prisoners attempt to break through the authorities’ imposed regime of public secrecy and draw attention to these issues, forcing authorities to negotiate. Yet, even if riots then function as a catalyst for changes in co-governance arrangements, they do not appear to be geared at permanently damaging or annihilating the existing arrangements but rather at pressuring the authorities hard enough to make compromises and concessions as to the distribution of power in prison.

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16

Kellner, Martin. "Citizen Participation in Environmental Law Enforcement in Nicaragua: A Comparative Study of Nicaraguan, United States and German Environmental Law." Verfassung in Recht und Übersee 42, no. 3 (2009): 385–98. http://dx.doi.org/10.5771/0506-7286-2009-3-385.

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17

Fahri, Faizal. "Daya Ikat Putusan Mahkamah Internasional: Analisis Penyerangan Militer dan Paramiliter Amerika Terhadap Nikaragua." Digest: Journal of Jurisprudence and Legisprudence 2, no. 2 (December 1, 2021): 263–83. http://dx.doi.org/10.15294/digest.v2i2.48636.

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The problem raised in this paper is that the use of military and paramilitary forces carried out by America violates state sovereignty and international law regarding state relations (America and Nicaragua). State sovereignty gives the right of responsibility to protect the sovereignty of its people, respect and fulfill the rights of its citizens and cooperate in the international community. However, in this dispute, state sovereignty is violated by internal members of the country, especially by members of the American military and paramilitaries. Although America believes the use of force by military and paramilitary members as a means of self-defense. This study was conducted by examining relevant decisions and facts from international law, customary international law, general principles of law, international treaties, conventions, declarations and decisions of international Court of Justice (ICJ). The Nicaragua case is a legal dispute that falls under the jurisdiction of the International Court of Justice in which Nicaragua has adopted methods in accordance with international legal procedures but the United States has rejected the decision of the International Court of Justice.

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18

Czapliński, Wladyslaw. "Sources of International Law in the Nicaragua Case." International and Comparative Law Quarterly 38, no. 1 (January 1989): 151–66. http://dx.doi.org/10.1093/iclqaj/38.1.151.

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19

Rothe, Dawn L. "Beyond the Law: The Reagan Administration and Nicaragua." Critical Criminology 17, no. 1 (December 24, 2008): 49–67. http://dx.doi.org/10.1007/s10612-008-9069-1.

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20

Tasker-Mueller, Barbara Jean. "A Case for Reversing Language Shift on the Atlantic Coast of Nicaragua." NEXUS: The Canadian Student Journal of Anthropology 24, no. 1 (December 5, 2016): 74–83. http://dx.doi.org/10.15173/nexus.v24i1.1097.

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I examine the work being done by the Linguistic Research and Revitalization Institute (IPILC) at the University of the Autonomous Regions of the Caribbean Coast of Nicaragua (URACCAN) and the dilemmas faced in claiming and implementing the linguistic rights that were granted under the 1987 Law of Autonomy for the Caribbean Coast Regions. The problems I discuss in this case are not unique to Nicaragua’s Creoles, nor to Black diaspora cultures, they are merely part of larger issues which affect all minoritized groups who seek to assert the legitimacy of their languages and cultures within hegemonic discourses around cultural difference.

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21

Churchill, Robin. "Dispute Settlement Under the UN Convention on the Law of the Sea: Survey for 2007." International Journal of Marine and Coastal Law 23, no. 4 (2008): 601–42. http://dx.doi.org/10.1163/157180808x353885.

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AbstractThis is the fourth of a projected series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea. 2007 was the busiest year for dispute settlement in the law of the sea for some time. The main developments under Part XV of the UN Convention on the Law of the Sea were the award of the arbitral tribunal in the Guyana/Suriname Case and two prompt-release-of-vessel judgments by the International Tribunal for the Law of the Sea. Outside the framework of the Convention, the International Court of Justice gave judgments in two maritime boundary cases—one on the merits (Nicaragua v. Honduras) and the other on jurisdiction (Nicaragua v. Colombia).

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22

Torrez Peralta, William. "Denegación de exequátur por tribunal francés de una sentencia extranjera dictada por juez no competente." CUADERNOS DE DERECHO TRANSNACIONAL 16, no. 1 (February 29, 2024): 930–53. http://dx.doi.org/10.20318/cdt.2024.8457.

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En el presente artículo se analiza la denegación de una solicitud de exequátur por parte de un Tribunal francés de una resolución judicial firme de Nicaragua, con fundamento en la falta de competencia de los órganos jurisdiccionales de ese país. La no competencia del Tribunal nicaragüense se origina en virtud de que el legislador introduce la doctrina del forum non conveniens en la Ley Especial 364/2000, aprobada para proteger a las personas que fueron perjudicadas por el pesticida llamado «nemagón». Con dicha Ley se pretendía dar respuesta a los numerosos reclamos y resarcir los daños ocasionados a la salud de los obreros agrícolas que habían trabajado con este pesticida durante años en las plantaciones de banano en Nicaragua. El resultado fue el contrario al deseado. La extralimitación del legislador al acoger la tesis del forum non conveniens provocó que el Juez que había conocido del proceso declarativo en Nicaragua fuese considerado incompetente por el Tribunal de exequátur de Francia.

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23

Montenegro, Luis, and Jochen Hack. "A Socio-Ecological System Analysis of Multilevel Water Governance in Nicaragua." Water 12, no. 6 (June 11, 2020): 1676. http://dx.doi.org/10.3390/w12061676.

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Nicaragua enacted its Water Law in 2007, with the Dublin Principles for sustainable water management and integrated water resources management as its guiding framework. Implementation of the law remains a challenge, but significant efforts have been made to roll out this new water resources framework, to improve water management by enhancing a multilevel water governance system. To analyze multilevel water governance in Nicaragua and diagnose stakeholders’ roles and compliance with the law, we applied a socio-ecological system framework and several methods of analysis to process data collected from 52 in-depth semistructured interviews conducted with key stakeholders in the water sector. We found that the major variables affecting multilevel water governance were social interests, administrative capacity, and political, economic, and legal arrangements. The results suggest that there is centralization at the national level, a tendency toward noncollective choice rules, little investment in water resources, and a lack of knowledge concerning conflict resolution mechanisms. For multilevel water governance, a lack of funds is the main social, economic, and political constraint, affecting interactions and outcomes. Nevertheless, there is great potential to improve water resource management in Nicaragua by enacting the self-funding schemes established in the law. Moreover, government institutions, users, and various networks are willing to participate and take action to implement the law.

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24

Boyle, Francis A. "Determining U.S. Responsibility for Contra Operations Under International Law." American Journal of International Law 81, no. 1 (January 1987): 86–93. http://dx.doi.org/10.2307/2202134.

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The only significant point of disagreement this author might have with the June 27, 1986 decision on the merits by the International Court of Justice in the case of Nicaragua v. United States of America concerns its failure to hold the United States Government fully responsible for the violations of the laws and customs of warfare committed by the contra forces in Nicaragua. The Court carefully premised this result on the finding that it had insufficient evidence to reach a definitive conclusion on such a delicate matter. Nevertheless, the Court held it established that the U.S. Government largely financed, trained, equipped, armed and organized the contras. Somewhat questionably, in the Court’s estimation, it remained to be proven that the Reagan administration actually exercised operational control over the contra forces.

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25

Novo, Paula, and Alberto Garrido. "From policy design to implementation: an institutional analysis of the new Nicaraguan Water Law." Water Policy 16, no. 6 (April 25, 2014): 1009–30. http://dx.doi.org/10.2166/wp.2014.188.

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The objective of this paper is to identify the type of barriers related to the implementation of a new Water Law in Nicaragua. By exploring the perceptions of 40 actors involved in the drafting process of the Law, this paper finds that major barriers are related to the power configuration of the water administration set-up, which creates conflicts of competences within government and at local and national levels. Our research suggests that decision-making is highly centralized, whereas local governments remain unpowered despite their relevant role in water management. One of the particular novel aspects of this paper is the linking of interview data to grammar-coded institutional statements along the social–ecological systems' variables. The institutional grammar tool is used to identify the institutional statements of the Nicaraguan Water Law and to connect the interview results to the institutional configuration of the Water Law. This allows us to understand to what extent the Water Law modifies both the formal and informal institutions that are in place.

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26

Miklos, Alicia Zoe. "Mediated Intimacies: State Intervention and Gender Violence in Nicaragua." Encuentro, no. 100 (May 12, 2015): 6–37. http://dx.doi.org/10.5377/encuentro.v0i100.1903.

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This article forms part of an inquiry about the reach of legislative changes initiated by Law 779 in Nicaragua, the “Integral Law against Violence towards Women”, passed in February 2012. The primary texts I analyze include the legislative debates for the drafting of Law 779, the body of Law 779, the Reform to the law in October 2013, and the Regulations to Law 779, issued through a presidential proclamation in July 2014. I organize my discussion around the most controversial juridical figure in Law 779: that of mediation. Analyzing the trajectory of Law 779 within the Post-war cultural scene in Nicaragua, I conclude that the reinstatement of mediation represents a regressive reaffirmation of patriarchal authority in the guise of community empowerment. The family centered rhetoric of the Regulation to Law 779 signifies capitulation to the most conservative, religious sectors of society and a dramatic reversal of feminist gains towards recognizing women as subjects with rights. These are in fact battles over the cultural interpretation of women’s place, their autonomy, and the troubled reality of the nuclear family and normative social bonds in twenty-first century Central America. They show that women’s autonomy continues to be symbolically coded as dangerous, even as a threat to the collective interests of the family and the nation.

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27

Alvina, Alvina, and Ida Kurnia. "Legal Consequences Of The Icj's Decision In The Nicaragua V. Colombia Case On The Pact Of Bogota." Cakrawala Repositori IMWI 6, no. 1 (February 27, 2023): 556–61. http://dx.doi.org/10.52851/cakrawala.v6i1.255.

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International agreements in the practice of diplomatic relations are an important aspect. Where in its implementation, the role of international agreements in international law is based on the fact that international law mostly consists of international treaties. One example of an international treaties is the Pact of Bogota. The Pact of Bogota is the United States Agreement on the Settlement of the Pacific region signed by the independent American republics that gathered at the Ninth International Conference of American States in Bogota, Colombia. One of the member countries of this pact is Nicaragua and Colombia. The International Court of Justice from November 19, 2012, based on the Pact of Bogota agreement. The issue raised by the author is related to the decision of the international court in deciding cases between Nicaragua and Colombia based on the Pact of Bogota with the consideration that Colombia had withdrawn from the Pact of Bogota before Nicaragua filed a lawsuit to the International Court of Justice, namely on November 27, 2012.

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28

D’Amato, Anthony. "Nicaragua and International Law: The “Academic” and the “Real”." American Journal of International Law 79, no. 3 (July 1985): 657–64. http://dx.doi.org/10.2307/2201893.

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29

Guez, Guillaume. "International Court of Justice." International Journal of Marine and Coastal Law 33, no. 4 (November 13, 2018): 827–35. http://dx.doi.org/10.1163/15718085-12334007.

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Abstract In its judgment of 2 February 2018 in the joined cases between Costa Rica and Nicaragua, the International Court of Justice held that Harbor Head Lagoon and the sandbar separating it from the Caribbean Sea belonged to Nicaragua, thereby creating an enclave on the Costa Rican coast. Despite this finding, the Court decided to disregard it when establishing the maritime delimitation. This article aims at showing that such a solution is incompatible with the United Nations Convention on the Law of the Sea as well as examining the options left to the Court to remedy the impracticality of the situation in accordance with the applicable law.

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30

Rudall, Jason. "Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua)." American Journal of International Law 112, no. 2 (April 2018): 288–94. http://dx.doi.org/10.1017/ajil.2018.29.

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Should trees have standing? The decision of the International Court of Justice (ICJ or Court) in its Question of Compensation (Costa Rica v. Nicaragua) case of February 2, 2018 provides a pioneering example of damage to the environment being litigated before an international tribunal. The judgment is the first time that the ICJ has adjudicated compensation for environmental damage, and it is only the third time the ICJ has awarded compensation at all. Nevertheless, the ICJ boldly asserted in this case that “damage to the environment, and the consequent impairment or loss of the ability of the environment to provide goods and services, is compensable under international law” (para. 42). That said, the reasoning employed by the Court leaves much to be desired. Given the increasing number of cases involving the environment, it is unfortunate that international courts and tribunals will garner only limited guidance from the methodology adopted by the ICJ in valuing environmental damage.

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31

Miles, Cameron A. "Certain Activities Carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua)/Construction of a Road in Costa Rica along The San Juan River (Nicaragua v. Costa Rica) (I.C.J.)." International Legal Materials 55, no. 3 (June 2016): 417–73. http://dx.doi.org/10.5305/intelegamate.55.3.0417.

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December 16, 2015, saw the International Court of Justice (ICJ or the Court) render final judgment in the joined cases of Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) (Border Area) and Construction of a Road in Costa Rica Along the San Juan River (Nicaragua v. Costa Rica) (Road). Together, these cases represented an opportunity for the Court to advance and clarify its thinking on the role of environmental impact assessments (EIA) in general international law, as first introduced in its decision in Pulp Mills on the River Uruguay (Argentina v. Uruguay) (Pulp Mills), with both Costa Rica (in Border Area) and Nicaragua (in Road) alleging that the other had failed to carry out an EIA with respect to certain, potentially environmentally harmful, activities. They also raised some interesting questions regarding remedies for the breach of provisional measures awarded under Article 41 of the ICJ Statute.

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32

Nugraheni, Prasasti Dyah, and Andrianantenaina Fanirintsoa Aime. "Completion of International Disputes Between Nicaragua and United States in International Law Perspective." Law Research Review Quarterly 8, no. 2 (May 31, 2022): 185–202. http://dx.doi.org/10.15294/lrrq.v8i2.55762.

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Various international disputes that have occurred in this world have been recorded in an international law that applies to the entire international community. So to resolve various international disputes that have occurred, usually, the countries involved make a peace agreement as one way to resolve these international disputes and prevent a war between nations. This shows that to resolve international disputes that have occurred, an agreement among countries is needed as a solution. The problem written by the author in this journal is the settlement of international disputes that have taken place between the country of Nicaragua and USA. In this journal, the author uses a normative and juridical research method, which is legal writing which is carried out by analyzing secondary legal materials or library materials to find a solution to a legal problem that arises and uses a problem approach based on the law. Law or general legal rules regarding the resolution of international disputes that occur among Nicaragua and USA and approach for problems based on a conceptual basis. The results of research conducted indicate that in this case is an international legal dispute which is nether the authority from International Court of Justice in which Nicaragua have to implemented ways from resolving international disputes by international legal procedures, but USA rejected this decision issued to International Court of Justice.

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33

Chayes, Abram. "Nicaragua, the United States, and the World Court." Columbia Law Review 85, no. 7 (November 1985): 1445. http://dx.doi.org/10.2307/1122519.

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Martí i Puig, Salvador, and Macià Serra. "Nicaragua: De-democratization and Regime Crisis." Latin American Politics and Society 62, no. 2 (March 23, 2020): 117–36. http://dx.doi.org/10.1017/lap.2019.64.

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ABSTRACTThe aim of this article is to analyze three key issues in current Nicaraguan politics and in the political debate surrounding hybrid regimes: de-democratization, political protest, and the fall of presidencies. First, it analyzes the process of de-democratization that has been taking place in Nicaragua since 2000. It shows that the 2008 elections were not competitive but characteristic of an electoral authoritarian regime. Second, it reflects on the kind of regime created in Nicaragua under Daniel Ortega’s mandate, focusing on the system’s inability to process any kind of protest and dissent. Third, it examines the extent to which the protests that broke out in April 2018 may predict the early end to Ortega’s presidency, or whether Nicaragua’s political crisis may lead to negotiations between the government and the opposition.

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35

Morrison, Fred L. "Legal Issues in the Nicaragua Opinion." American Journal of International Law 81, no. 1 (January 1987): 160–66. http://dx.doi.org/10.2307/2202146.

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The opinion of the International Court of Justice in the Nicaragua case will be of interest primarily because of its general pronouncements on questions of international law. Its impact on the immediate controversy appears slight; the United States Government has strongly indicated its view that the Court lacked jurisdiction over the controversy, has vetoed subsequent proposed Security Council resolutions on the subject, and is appropriating additional funds for the contested activities, without apparent reference to the Court’s decision. This Comment is limited to the general theoretical and legal issues and will not treat the underlying factual issues, the Court’s disposition of the immediate case or the implications of the opinion for the evolution of the dispute.

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36

Saul, John S. "Nicaragua Under Fire." Monthly Review 36, no. 10 (March 4, 1985): 47. http://dx.doi.org/10.14452/mr-036-10-1985-03_4.

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Sweezy, Paul M., and Harry Magdoff. "Vietnam and Nicaragua." Monthly Review 38, no. 10 (March 1, 1987): 1. http://dx.doi.org/10.14452/mr-038-10-1987-03_1.

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Stephens, Beth. "Women in Nicaragua." Monthly Review 40, no. 4 (September 1, 1988): 1. http://dx.doi.org/10.14452/mr-040-04-1988-08_1.

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39

Leigh, Monroe. "Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States of America)." American Journal of International Law 81, no. 1 (January 1987): 206–11. http://dx.doi.org/10.2307/2202153.

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40

Loeper, Sabine. "Jurisdiction of the I.C.J.—Admissibility of Nicaragua's Application in Case Concerning Military and Paramilitary Activities in and Against Nicaragua." Cambridge Law Journal 44, no. 2 (July 1985): 183–88. http://dx.doi.org/10.1017/s0008197300115260.

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Afkhazava, Durmishkhan Givievich. "International Court of Justice and law on the use of force." Международное право, no. 2 (February 2020): 38–55. http://dx.doi.org/10.25136/2644-5514.2020.2.32500.

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The goal of this research is the determination of practice on interpretation of law on the use of force by International Court of Justice. The article explores four cases: Corfu Channel, military activities in Nicaragua and against Nicaragua, oil platforms (the Islamic Republic of Iran against the United States), and armed activities on the territory of Congo (the Democratic Republic of Congo against Uganda). The author analyzes the question of legitimacy of the use of force: conclusion on nuclear weapon, and conclusion on the question of construction of the Wall. The article applies the method of synthesis for determination of general approach of the court; as well as comparative method to reflect the development of case law in the sphere of the use of force. The author advances an ides on establishment of legal institution on the use of force. The substantiation for this is traced in the decisions of International Court of Justice. Presence of the full-fledged and universal institution on the use of force would contribute to decrease of controversial grounds for the creation of new doctrines.

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42

Sarzo, Matteo. "Res judicata, Jurisdiction ratione materiae and Legal Reasoning in the Dispute between Nicaragua and Colombia before the International Court of Justice." Law & Practice of International Courts and Tribunals 16, no. 2 (December 5, 2017): 224–44. http://dx.doi.org/10.1163/15718034-12341355.

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Abstract With the aim of barring Nicaragua’s fresh request for the delimitation of the continental shelf beyond 200 nautical miles, Colombia raised the issue of the res judicata effect of the previous decision of 2012, rendered in the Territorial and Maritime Dispute, whereby the icj had apparently settled the case and dismissed on the merits the same request. In the Judgment on preliminary objections of 2016, relating to the “new” case Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 nautical miles from the Nicaraguan Coast, the icj held that no binding force attached to the operative part of the 2012 ruling. The outcome of the incidental proceedings was not predictable as one might have expected, given that the decision was taken with the casting vote of the President and prompted a strong dissent among some judges. This occurrence gives clear evidence of the interplay between several intertwined issues of international law, which the majority was called upon to deal with and balance in the present case, such as the interpretation of Article 76, paragraph 8 of the unclos, the principles of res judicata and jurisdiction ratione materiae and the duty to give reasons. The article aims to demonstrate that the Court dismissed Colombia’s third preliminary objection for underlying reasons of judicial policy, namely to secure its previous judgment of 2012 from any potential claim relating to inadequate reasoning, if construed as a final rejection on the merits.

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Franck, Thomas M. "Some Observations on the ICJ’s Procedural and Substantive Innovations." American Journal of International Law 81, no. 1 (January 1987): 116–21. http://dx.doi.org/10.2307/2202139.

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The decision of the International Court of Justice in the case between Nicaragua and the United States brims with important procedural and substantive implications for the future of law and adjudication in disputes between states.

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44

Lathrop, Coalter G. "Territorial and Maritime Dispute Between Nicaragua and Honduras in the Caribbean Sea (Nicaragua v. Honduras)." American Journal of International Law 102, no. 1 (January 2008): 113–19. http://dx.doi.org/10.1017/s0002930000039865.

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Hargrove, John Lawrence. "The Nicaragua Judgment and the Future of the Law of Force and Self-Defense." American Journal of International Law 81, no. 1 (January 1987): 135–43. http://dx.doi.org/10.2307/2202142.

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The most important single consequence of Nicaragua v. United States of America may well turn out to be its impact on the vitality of the law of the United Nations Charter governing force and self-defense. Will the case make it more likely, or less, that that law will become an increasingly effective working part of the international system?

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Mcdonald, James H., and Marjorie S. Zatz. "Popular Justice in Revolutionary Nicaragua." Social & Legal Studies 1, no. 2 (June 1992): 283–305. http://dx.doi.org/10.1177/096466399200100210.

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Zimmermann, Taciano Scheidt. "Critical remarks on the International Court of Justice’s interpretation of Article 3(g) of the “Definition of Aggression”(UNGA Resolution 3314/1974)." Revista Direito GV 14, no. 1 (April 2018): 99–122. http://dx.doi.org/10.1590/2317-6172201805.

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Abstract The purpose of this paper is to examine whether and to what extent the Article 3(g) of the General Assembly Definition of Aggression (Resolution 3314/1974 XXIX) can be interpreted using the case-law of the International Court of Justice. Three judgments delivered by the Court are analyzed: Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) and Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro). Special attention is given to the connection between international norms on the use of force and the law of international responsibility, as well as to the meaning and status attributed by the Court to the expressions “sending” and “substantial involvement,” both present in Article 3(g).

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Donaghue, Stephen. "Nonnative Habits, Genuine Beliefs and Evolving Law: Nicaragua and the Theory of Customary International Law." Australian Year Book of International Law Online 16, no. 1 (1995): 327–44. http://dx.doi.org/10.1163/26660229-016-01-900000010.

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Wedel, Johan. "Customary law and the mediation of witchcraft accusations in Eastern Nicaragua." Journal of Legal Anthropology 3, no. 1 (June 1, 2019): 62–82. http://dx.doi.org/10.3167/jla.2019.030104.

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This article focuses on efforts to overcome the divide between state legality and local practices. It explores a pragmatic effort to deal with witchcraft accusations and occult-related violence in customary courts among the Miskitu people in Eastern Nicaragua, taking into account both indigenous notions of justice and cosmology, and the laws of the state. In this model, a community court (elected by the community inhabitants and supported by a council of elders), watchmen known as ‘voluntary police’ and a ‘judicial facilitator’ play intermediary roles. Witchcraft is understood and addressed in relation to Miskitu cultural perceptions and notions of illness afflictions, and disputes are settled through negotiations involving divination, healing, signing a legally binding ‘peace’ contract, a fine, and giving protection to alleged witches. This decreases tensions and the risk of vigilante justice is reduced. The focus is on settling disputes, conciliation and recreating harmony instead of retribution.

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50

Highet, Keith. "Evidence, the Court, and the Nicaragua Case." American Journal of International Law 81, no. 1 (January 1987): 1–56. http://dx.doi.org/10.2307/2202130.

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The decision in the Nicaragua case is one of the most important judgments ever delivered by the International Court. It is by far the “heaviest” case, in the parlance of the English barrister, ever decided by the Court in the absence of a party. It has broken new ground for the application of Article 53 of the Statute. It deals in detail with the multilateral treaty reservation of the United States (the “Vandenberg amendment”). It contains provocative reasoning about the genesis and maintenance of rules of customary international law, separate from treaties such as the United Nations Charter. It contains seminal findings on the use of force and the exercise of the inherent right of self-defense under Article 51 of the Charter. It presents fresh and doubtless controversial interpretations of the principle of nonintervention. It prescribes limits to “collective counter-measures” in response to conduct not deemed to amount to “armed attacks.”

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