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Journal articles on the topic 'Nicaragua v'

Author: Grafiati

Published: 4 June 2021

Last updated: 15 February 2022

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1

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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2

Riesenberg, David P. "The International Court of Justice: Territorial and Maritime Dispute (Nicaragua v. Colombia)." International Legal Materials 52, no. 1 (February 2013): 1–71. http://dx.doi.org/10.5305/intelegamate.52.1.0001.

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In 2012, the International Court of Justice (ICJ) rendered its fourth judgment in Nicaragua v. Colombia. The case was first initiated by Nicaragua under the Bogotá Pact in 2001. The fourth judgment affirmed Colombia’s territorial sovereignty over a group of islands in the western Caribbean Sea and delimited a boundary between the two states’ zones of maritime jurisdiction. Even after eleven years of complicated proceedings, however, the parties’ conflicting claims are not yet completely resolved. The ICJ explicitly declined to address Nicaragua’s potential entitlement to the continental shelf beyond 200 nautical miles from its coastal baselines, including the portion of Nicaragua’s ‘‘outer’’ continental shelf that allegedly overlaps with Colombia’s maritime entitlements. For the foreseeable future, this aspect of the controversy will likely remain unresolved. One week after the ICJ rendered its fourth judgment, Colombia withdrew from the Bogotá Pact and thereby terminated its consent to the ICJ’s jurisdiction.

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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

Briggs, Herbert W. "Nicaragua v. United States: Jurisdiction and Admissibility." American Journal of International Law 79, no. 2 (April 1985): 373–78. http://dx.doi.org/10.2307/2201707.

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5

Kirgis, Frederic L. "Nicaragua v. United States as a Precedent." American Journal of International Law 79, no. 3 (July 1985): 652–57. http://dx.doi.org/10.2307/2201892.

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6

Quicke, Donald L. J., Scott R. Shaw, Mian Inayatullah, and Buntika A. Butcher. "The genus Vipio Latreille (Hymenoptera, Braconidae) in the Neotropical Region." ZooKeys 925 (April 8, 2020): 89–140. http://dx.doi.org/10.3897/zookeys.925.48457.

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The genus Vipio Latreille is revised for the Neotropical region (south of Nicaragua). All species are fully illustrated. Thirteen species are recognised of which five (V. boliviensis, V. carinatus, V. godoyi, V. hansoni, and V. lavignei) are described as new, all with descriptions attributable to Inayatullah, Shaw & Quicke. All previously described Neotropical species are redescribed. A key is included for the identification of the Vipio species known from the Americas south of Nicaragua, and all species are illustrated.

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7

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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8

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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9

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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10

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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11

Tanaka, Yoshifumi. "Costa Rica v. Nicaragua and Nicaragua v. Costa Rica : Some Reflections on the Obligation to Conduct an Environmental Impact Assessment." Review of European, Comparative & International Environmental Law 26, no. 1 (April 2017): 91–97. http://dx.doi.org/10.1111/reel.12192.

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12

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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13

Lowenthal, Abraham F., and Robert F. Turner. "Nicaragua V. United States: A Look at the Facts." Foreign Affairs 66, no. 4 (1988): 880. http://dx.doi.org/10.2307/20043522.

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14

Bryan, Joe. "Dilemmas of Indigenous Land in Awas Tingni v Nicaragua." Anthropology News 47, no. 6 (September 2006): 22. http://dx.doi.org/10.1525/an.2006.47.6.22.

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15

Cogan, Jacob Katz. "The 2011 Judicial Activity of the International Court of Justice." American Journal of International Law 106, no. 3 (July 2012): 586–608. http://dx.doi.org/10.5305/amerjintelaw.106.3.0586.

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The International Court of Justice rendered four judgments in 2011: on April 1, a ruling on the respondent’s preliminary objections in Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation), upholding one objection and finding that the Court had no jurisdiction to entertain the application; on May 4, two rulings on Costa Rica’s and Honduras’s applications for permission to intervene in Territorial and Maritime Dispute (Nicaragua v. Colombia), rejecting both; and on December 5, a final decision on jurisdiction, admissibility, and the merits in Application of the Interim Accord of 13 September 1995 (Former Yugoslav Republic of Macedonia v. Greece), finding for the applicant. The Court also issued three orders in incidental proceedings: on March 8, one on Costa Rica’s request for the indication of provisional measures in Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua); on July 4, one on Greece’s application for permission to intervene as a nonparty in Jurisdictional Immunities of the State (Germany v. Italy); and on July 18, one on Cambodia’s request for the indication of provisional measures in Request for Interpretation of the Judgment of 15 June 1962 in the Case Concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand). The Court indicated provisional measures in response to both requests, and granted Greece permission to intervene.

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16

Cogan, Jacob Katz. "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)." American Journal of International Law 110, no. 2 (April 2016): 320–26. http://dx.doi.org/10.5305/amerjintelaw.110.2.0320.

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17

Gibson, Bill. "The environmental consequences of stagnation in Nicaragua." World Development 24, no. 2 (February 1996): 325–39. http://dx.doi.org/10.1016/0305-750x(95)00132-v.

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18

Bányai, Orsolya. "Egy elszalasztott lehetőség: a hágai Nemzetközi Bíróság ítélete Nicaragua és Costa Rica környezetvédelmi vonatkozású jogvitájában." Pro Futuro 6, no. 2 (December 16, 2016): 181–99. http://dx.doi.org/10.26521/profuturo/2016/2/5318.

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A hágai Nemzetközi Bíróság (a továbbiakban: Bíróság) 2015. december 16-án hozta meg ítéletét a Nicaragua által határ menti területeken végzett bizonyos tevékenységek (Costa Rica v. Nicaragua) és a San Juan folyó mellett épülő út ügyében (Nicaragua v. Costa Rica). Az eset egyike volt a napjainkban az ENSZ bírói fóruma előtt folyó környezetvédelmi vonatkozású jogvitáknak. A szakirodalomban nagy várakozásokkal tekintettek rá, kíváncsiak voltak arra, hogy a hágai testület az Uruguay folyón épített papírmalom, illetve az antarktiszi bálnavadászat ügyében hozott ítéletek után, a peres felek által előterjesztett, környezetvédelemmel kapcsolatos kérdésekben hogyan foglal állást. Az alábbiakban én is az ítélet azon részeinek a bemutatására és értékelésére helyezem a hangsúlyt, amelyek a környezetvédelemhez kapcsolhatók. A tanulmány első három pontjában az ügy alapjául szolgáló tényeket, a pertörténetet, a jogi érvelés menetét és a konkrét döntéseket ismertetem, míg az ítélettel kapcsolatos meglátásaimat a jogi érvelés kritikájában, illetve az ügy jelentőségével kapcsolatos részben fogalmazom meg.

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19

Wald, Martin. "Committee of United States Citizens Living in Nicaragua v. Reagan." American Journal of International Law 83, no. 2 (April 1989): 380–84. http://dx.doi.org/10.2307/2202755.

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Appellants sued President Reagan and other executive branch officials in the U.S. district court to enjoin U.S. military aid to the Nicaraguán resistance forces (contras), alleging that the aid violated the Fifth Amendment to the Constitution, the United Nations Charter and customary international law. The district court, in an unpublished opinion, dismissed the complaint as presenting nonjusticiable political questions. The Court of Appeals for the District of Columbia Circuit (per Mikva, J.), affirming the dismissal on different grounds, held that (1) the trial court’s blanket invocation of the political question doctrine was inappropriate; (2) the statute funding the contras prevails over any earlier obligations under treaties or customary international law; (3) individuals have no private right of action to enforce decisions of the International Court of Justice; (4) adherence to an ICJ judgment rendered under a disputed assertion of compulsory jurisdiction is not required as a matter of jus cogens; and (5) plaintiffs had failed to show that U.S. government support of the contras caused their injuries or was so arbitrary and unreasonable as to violate their Fifth Amendment rights.

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20

Lathrop, Coalter G. "Dispute Regarding Navigational and Related Rights (Costa Rica v. Nicaragua)." American Journal of International Law 104, no. 3 (July 2010): 454–61. http://dx.doi.org/10.5305/amerjintelaw.104.3.0454.

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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

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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23

Vega-Barbosa, Giovanny. "Outer Continental Shelf Delimitation in the Western Caribbean Sea (Nicaragua v. Colombia II) / Delimitação da Plataforma Continental Estendida no Mar do Caribe (Nicarágua v. Colômbia II)." Revista da Faculdade de Direito da Universidade Federal de Uberlândia 47, no. 1 (July 22, 2019): 92–135. http://dx.doi.org/10.14393/rfadir-v47n1a2019-48865.

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Abstract: The controversy between Nicaragua and Colombia before the ICJ now concerns maritime delimitation beyond 200 nm. One of the main legal issues in this case is whether international law allows for delimitation to take place where alternative bases of continental shelf entitlement, namely, natural prolongation and distance, are opposed. As alleged by Nicaragua, its natural prolongation extends beyond 200 nm and overlaps with Colombia’s distance-based continental shelf entitlement. Nicaragua endorses the principle of equal division and accordingly, advocates for the viability of maritime delimitation. In Colombia’s view, the distance criterion has priority and trumps natural prolongation. In this work, the author analyses the legal discourse already voiced on the occasion of the dispute in the East China Sea, in order to identify instances of parallelism and symbiotic contribution with the question of the delimitation of the continental shelf beyond 200 nm in the Western Caribbean Sea. Resumo: A controvérsia entre Nicarágua e a Colômbia, antes da CIJ, diz respeito à delimitação marítima além de 20mn. Uma das principais questões jurídicas neste caso é se o direito internacional permite que a delimitação ocorra onde as bases alternativas de titularidade da plataforma continental, ou seja, prolongamento natural e distância se opõem. Como alegado pela Nicarágua, seu prolongamento natural se estende além de 200mn e se sobrepõe ao direito de plataforma continental baseado na distância da Colômbia. A Nicarágua endossa o princípio de divisão igualitária e, portanto, defende a viabilidade da delimitação marítima. Na opinião da Colômbia, o critério da distância tem prioridade e supera o prolongamento natural. Neste trabalho, o autor analisa o discurso jurídico já manifestado por ocasião da disputa no Mar da China Oriental, a fim de identificar ocorrências de paralelismo e contribuição simbiótica com a questão da delimitação da plataforma continental para além de 200mn no Mar do Caribe.

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24

Burke, Naomi. "Nicaragua v Colombia at the ICJ: Better the Devil you don’t?" Cambridge Journal of International and Comparative Law 2, no. 2 (2013): 314–26. http://dx.doi.org/10.7574/cjicl.02.02.105.

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25

Glennon, Michael J. "Nicaragua v. United States: Constitutionality of U.S. Modification of ICJ Jurisdiction." American Journal of International Law 79, no. 3 (July 1985): 682–89. http://dx.doi.org/10.1017/s0002930000213730.

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26

Novakovic, Marko. "Geographic maps as evidence in practice of the international court of justice." Medjunarodni problemi 68, no. 1 (2016): 95–111. http://dx.doi.org/10.2298/medjp1601095n.

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The paper deals with the use of geographic maps as evidence in the practice of the International Court of Justice with a view to the latest cases in which the Court in its judgments elaborated maps as evidence: the case 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). The analysis comprehends the evidentiary value of geographic maps throughout the International Court of Justice's jurisprudence and even in the case-law of its predecessors. The author emphasizes that the substantial element that affects whether a geographic map will be accepted as direct evidence before the International Court of Justice is the consent of the parties to the dispute, as well as the fact, that the map stands as an expression of the will of the state. The author concludes that the map properties-such as details, quality and consistency-have no impact on the acceptance of the map as direct evidence, but only on whether the geographic map is to be accepted as an indirect proof.

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27

Kammen, Daniel M., and William F. Lankford. "Comparative study of box-type solar cookers in nicaragua." Solar & Wind Technology 7, no. 4 (January 1990): 463–71. http://dx.doi.org/10.1016/0741-983x(90)90031-v.

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28

Cogan, Jacob Katz. "The 2012 Judicial Activity of the International Court of Justice." American Journal of International Law 107, no. 3 (July 2013): 587–600. http://dx.doi.org/10.5305/amerjintelaw.107.3.0587.

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The International Court of Justice rendered four judgments in 2012: on February 3, a ruling on the merits inJurisdictional Immunities of the State(Germany v. Italy; Greece intervening), finding that Italy had violated its obligations under customary international law and requiring Italy to ensure that the decisions of its judicial authorities that infringed Germany’s immunities would cease to have effect; on June 19, a ruling on the compensation owed by the respondent inDiallo(Guinea v. Democratic Republic of the Congo), awarding Guinea $85,000 for non material injury to Diallo and $10,000 for material injury to his personal property;on July 20, a ruling on jurisdiction, admissibility, and the merits inQuestions Relating to the Obligation to Prosecute or Extradite(Belgium v. Senegal), finding jurisdiction and admissibility, and holding that Senegal had breached its obligations under Articles 6 and 7 the UN Convention Against Torture (CAT); and on November 19, a ruling on admissibility and the merits inTerritorial and Maritime Dispute(Nicaragua v. Colombia), finding admissible one of Nicaragua’s final submissions(which Colombia had challenged as a new claim), deciding that Colombia has sovereignty over a number of contested maritime features, and establishing a single maritime boundary delimiting the continental shelf and exclusive economic zones of the two countries.

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29

Lathrop, Coalter G. "International Court of Justice (ICJ):Territorial and Maritime Dispute (Nicaragua V. Colombia)." International Legal Materials 47, no. 1 (February 2008): 1–34. http://dx.doi.org/10.1017/s0020782900005519.

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30

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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31

Abud, Ronald. "Revolution as Self-Expression: the Folklore Ballet of Nicaragua." New Theatre Quarterly 3, no. 9 (February 1987): 89–92. http://dx.doi.org/10.1017/s0266464x0000854x.

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Early in 1986, the Ballet Folklorico Nacional de Nicaragua was invited by the London Borough of Camden to play a season at the Shaw Theatre. Its founder and director. Ronald Abud V, taked to Elaine Turner, with the assistance of the company's translator Margaret Clark, about the work and aims of a company which has become closely identified with its country's revolution, and about the means of expressing a rediscovered national identity through the performing arts.

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32

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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33

Kirk, Elizabeth A. "I. CASE CONCERNING TERRITORIAL AND MARITIME DISPUTE BETWEEN NICARAGUA AND HONDURAS IN THE CARIBBEAN SEA (Nicaragua v Honduras), JUDGMENT OF 8 OCTOBER 2007." International and Comparative Law Quarterly 57, no. 3 (July 2008): 701–9. http://dx.doi.org/10.1017/s0020589308000547.

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34

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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35

Cogan, Jacob Katz. "The 2009 Judicial Activity of the International Court of Justice." American Journal of International Law 104, no. 4 (October 2010): 605–19. http://dx.doi.org/10.5305/amerjintelaw.104.4.0605.

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The International Court of Justice issued three judgments in 2009: a final decision, of January 19, in Request for an Interpretation of the Judgment of 31 March 2004 in the Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America) (Mexico v. United States); a final decision on the merits, of February 3, in Maritime Delimitation in the Black Sea (Romania v. Ukraine); and a final decision on the merits, of July 13, in Dispute Regarding Navigational and Related Rights (Costa Rica v. Nicaragua). In addition, the Court, on May 28, rejected a request by Belgium for the indication of provisional measures directed at Senegal in Questions Relating to the Obligation to Prosecute or Extradite (Belgium v. Senegal). The Court also issued orders fixing the time limits in several other pending cases.

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36

Kiwanuka, Richard N. "The International Human Rights Implications of the ICJ Decision in Nicaragua v United States." Nordic Journal of International Law 57, no. 4 (1988): 470–81. http://dx.doi.org/10.1163/157181088x00470.

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37

McWhinney, Edward. "Contemporary Divergencies in National Attitudes to the International Court of Justice." Canadian Yearbook of international Law/Annuaire canadien de droit international 27 (1990): 319–28. http://dx.doi.org/10.1017/s0069005800003866.

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Here are three different national collections of essays, French, Dutch, and American, published almost at the same time and organized around the same subject — the historical jurisdiction of the International Court of Justice and the main trends in its contemporary evolution. The French volume is the product of the annual meeting of the Société française pour le droit international, held in Lyon in May 1986 under the distinguished presidency of Suzanne Bastid. These French annual meetings are devoted to a colloquium organized around a single theme, different each year; and the published collections of papers and conference discussions — sixteen so far, including the present volume — have, by now, acquired authoritative status in scientific and legal terms. The American volume was specially commissioned by the American Society of International Law in the aftermath of the International Court of Justice's judgment, rendered by 12 to 3 votes on the main substantive issues and pronounced against the United States, in Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States of America], Merits, [ICJ Reports, 1986, p. 14]. It is thus, both in stated design (see the valuable introduction by Professor Damrosch, at xvii-xxviii), and also in its practical result, a form of ad hoc U.S. academic-legal response to the Nicaragua rulings.

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Grossman, Nienke. "The International Court of Justice: Dispute Regarding Navigational and Related Rights (Costa Rica v. Nicaragua)." International Legal Materials 48, no. 5 (October 2009): 1180–222. http://dx.doi.org/10.1017/s0020782900000401.

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Oakley, S. M., A. Pocasangre, C. Flores, J. Monge, and M. Estrada. "Waste stabilization pond use in Central America: The experiences of El Salvador, Guatemala, Honduras and Nicaragua." Water Science and Technology 42, no. 10-11 (November 1, 2000): 51–58. http://dx.doi.org/10.2166/wst.2000.0607.

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Within the last 15 years 34 waste stabilization pond systems have been built in Central America in the countries of El Salvador (6 systems), Honduras (12 systems), Guatemala (9 systems), and Nicaragua (8 systems); these systems were built for municipalities with populations ranging from 5,000 to 80,000 persons. There are 14 additional systems in the final design phase or under construction in the region, including the first designs for large cities: a 162 hectare facultative system for Managua, Nicaragua (population (1,000,000); and a 168 hectare system for San Pedro Sula, Honduras (population (640,000). Monitoring data from Honduras and Nicaragua show that treatment efficiency is generally comparable to tropical pond systems cited in the literature in other parts of the world, although fecal coliform removal has not been as good as theoretically predicted and the desludging of facultative ponds has been a significant operational cost. While waste stabilization ponds are generally considered the technology of choice for municipal wastewater treatment within Central America, there are, nevertheless, problem areas that need to be addressed if waste stabilization pond use is to have continued acceptance and long-term sustainability. These areas of concern at the regional level are: i) design guidelines using parameters from data developed in Central America; ii) effluent guidelines that are realistic for pond effluents for reuse or surface water discharge; iii) monitoring programs focusing specifically on pathogen removal; iv) cost-effective grit removal and sludge removal from facultative ponds; v) improving designs for pathogen removal; vi) the need for centralized (El Salvador and Nicaragua) versus decentralized (Guatemala and Honduras) mechanisms for financing and operation and maintenance; vii) the development of comparative cost data for construction, operation and maintenance, pond desludging, and microbiological monitoring; and viii) the development of training programs for design, operationand maintenance, and monitoring.

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Schmeer, Kammi K., Barbara A. Piperata, Andrés Herrera Rodríguez, Virgilio Mariano Salazar Torres, and Francisco José Centeno Cárdenas. "Maternal resources and household food security: evidence from Nicaragua." Public Health Nutrition 18, no. 16 (January 7, 2015): 2915–24. http://dx.doi.org/10.1017/s1368980014003000.

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AbstractObjectiveWomen (especially mothers) are theorized as critical to reducing household food insecurity through their work and caregiver roles. The present study tests these assumptions, assessing how maternal economic and social resources are associated with food insecurity in households with young children.DesignData from a population-based sample of households was collected in León, Nicaragua (n 443). Data include a newly validated measure of household food insecurity (ELCSA), maternal resource measures, and household economic status and demographics. Regression analysis tests the statistical associations (P<0·05) of maternal resources with household, adult-specific and child-specific food insecurity.SettingMunicipality of León, Nicaragua.SubjectsHouseholds with children aged 3–11 years in rural and urban León.ResultsOnly 25 % of households with young children were food secure, with 50 % mildly food insecure and 25 % moderately/severely food insecure. When mothers contributed substantially to household income, the odds of moderate/severe household food insecurity were 34 % lower than when their spouse/partner was the main provider. The odds of food insecurity were 60 % lower when mothers managed household money, 48 % lower when mothers had a secondary (v. primary) education, 65 % higher among single mothers and 16 % lower with each indicator of social support. Results were similar for adult- and child-specific food insecurity.ConclusionsThis research provides new evidence that maternal economic and social resources are important for reducing household food insecurity and adult- and child-specific food insecurity. Women’s social status, social support and access to economic resources need to be enhanced as a part of policies aimed to reduce food insecurity in high-poverty settings.

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Churchill, Robin. "Dispute Settlement in the Law of the Sea: Survey for 2015, Part ii and 2016." International Journal of Marine and Coastal Law 32, no. 3 (September 18, 2017): 379–426. http://dx.doi.org/10.1163/15718085-13230001.

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Abstract This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the un Convention on the Law of the Sea and outside the framework of the Convention. It covers developments concerning the International Tribunal for the Law of the Sea in 2016 and concerning all other law of the sea dispute settlement bodies for both 2015 and 2016. The developments covered include: the awards in Chagos Marine Protected Area (Mauritius v. United Kingdom), South China Sea (Philippines v. China), Arctic Sunrise (Netherlands v. Russia) and Duzgit Integrity cases; the judgments in the jurisdictional phases of the Norstar and Nicaragua/Colombia cases; the prescription of provisional measures by the arbitral tribunal in the Enrica Lexie case; and the first ever use of the compulsory conciliation procedures of the un Convention on the Law of the Sea.

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Long, Ronán. "Restoring marine environmental damage: Can the Costa Rica v Nicaragua compensation case influence the BBNJ negotiations?" Review of European, Comparative & International Environmental Law 28, no. 3 (August 22, 2019): 244–57. http://dx.doi.org/10.1111/reel.12309.

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Falk, Richard. "The World Court’s Achievement." American Journal of International Law 81, no. 1 (January 1987): 106–12. http://dx.doi.org/10.2307/2202137.

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Even if conceived of only as a legal text, the array of judicial opinions contained in Nicaragua v. United States constitutes an extraordinary document. It represents a fascinating attempt through judicial inquiry to assess convincingly the relevance of law to an ongoing armed conflict. As such, despite procedural objection to entry upon this terrain by the three dissenting judges, it leads the Court to pronounce specifically upon the core issue of when force can permissibly be used in international relations, as well as the contours of a claimed right of collective self-defense in the setting of interventions and civil strife.

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Bernard, Leonardo. "The Impact of icj’s Preliminary Decision on the Nicaragua v Colombia Case to the Asia Pacific Region." Asia-Pacific Journal of Ocean Law and Policy 1, no. 2 (December 10, 2016): 282–85. http://dx.doi.org/10.1163/24519391-00102018.

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Benitez-Maradiaga, Yorleny Xiomara, Erick Martinez-Andrades, Edixia Villalobos-Maradiaga, Marvin Rafael Jarquín-Sáenz, and Julio Rivas-García. "La economía como factor clave para el desarrollo sostenible rural: caso Nicaragua." Revista Iberoamericana de Bioeconomía y Cambio Climático 2, no. 1 (January 30, 2016): 153–66. http://dx.doi.org/10.5377/ribcc.v2i1.5691.

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El presente ensayo fue elaborado con el propósito de estudiar los enfoques para analizar la situación económica y la sostenibilidad agrícola predominante en las zonas rurales de Nicaragua, como parte de la Educación y el Desarrollo Rural. En la recopilación de datos para la estructuración de dicho trabajo se consultaron literaturas de trabajos realizados por investigadores de experiencia académica, en los componentes de economía, desarrollo rural sostenible y agricultura, investigaciones que se han ejecutado para encontrar solución a problemas sentidos por las comunidades rurales productivas.Como resultado de nuestra investigación señalamos que existen modelos y enfoque para estudiar el desarrollo rural sostenible. Algunos autores han estudiados el modelo de desarrollo a partir de variables forestales, otros consideran la evaluación multicriterio fundamentalmente en las decisiones del ordenamiento territorial, de igual manera se revisó el estudio los modelos agrometereológicos que mide el impacto del clima en la agricultura. El tema de la innovación en los procesos cognoscitivos como un estudio de caso en la zona norte del país fue analizado, donde la Bioeconomia resulta ser un tema interesante como una alternativa de repuesta a la variabilidad del cambio climático, una variable importante también considerada es los medios de vida Méndez, V. E., & Bacon, C. (2005).

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Mikanagi, Tomohiro. "ESTABLISHING A MILITARY PRESENCE IN A DISPUTED TERRITORY: INTERPRETATION OF ARTICLE 2(3) AND (4) OF THE UN CHARTER." International and Comparative Law Quarterly 67, no. 4 (August 13, 2018): 1021–34. http://dx.doi.org/10.1017/s0020589318000209.

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AbstractIn its 2015 judgment in the Costa Rica v Nicaragua case, the International Court of Justice (ICJ) found that Nicaragua's establishment of a military presence in disputed territory violated the territorial sovereignty of Costa Rica. Two judges considered that Nicaragua's actions had constituted a breach of Article 2(4) of the United Nations (UN) Charter, but the majority of the judges chose not to pronounce on the issue. Whilst it has been clarified that the prohibition of the use of force applies to a disputed territory, it seems less clear as to whether such force has to be violent in nature, causing injury to human beings or damage to property, for it to be in breach of Article 2(4). The ICJ's Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory case strongly indicated that the construction of the wall breached Article 2(4). If a State establishes a military presence to change the status quo in a disputed territory, it would not be regarded as a ‘peaceful’ means of settling the territorial dispute. Therefore, such behaviour would violate Article 2(3), under which States shall settle their international disputes ‘exclusively’ by peaceful means. Furthermore, to constitute an unlawful use of force under Article 2(4), the establishment of a military presence in a disputed territory does not have to be violent but should involve coercion that makes it materially impossible for other claimants to restore the status quo ante without risking human injury or damage to property.

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DAWIDOWICZ, MARTIN. "The Effect of the Passage of Time on the Interpretation of Treaties: Some Reflections on Costa Rica v. Nicaragua." Leiden Journal of International Law 24, no. 1 (February 11, 2011): 201–22. http://dx.doi.org/10.1017/s0922156510000695.

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AbstractThis article examines the reasoning and findings of the International Court of Justice in its judgment in Costa Rica v. Nicaragua on issues relating to the effect of the passage of time on the interpretation of treaties. In arriving at the proper interpretation of the disputed phrase ‘for purposes of commerce’ in a Treaty of Limits between the parties, which entered into force in 1858, the ICJ followed a number of interpretative steps based on Article 31 of the Vienna Convention on the Law of Treaties (VCLT), which led the Court to conclude that the meaning of this phrase must be presumed to have evolved over time. The means and methods of interpretation employed by the ICJ to determine the effect of the passage of time on treaties are examined. More specifically, the question is raised whether the ICJ's approach to determining the evolutionary character of a treaty provision, based on an interpretative presumption, may not be considered unsatisfactory insofar as it does not appear to take full account of the actual common intention of the parties – the main task of interpretation.

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Lando, Massimo. "Delimiting the Continental Shelf Beyond 200 Nautical Miles at the International Court of Justice: The Nicaragua v. Colombia Cases." Chinese Journal of International Law 16, no. 2 (June 1, 2017): 137–73. http://dx.doi.org/10.1093/chinesejil/jmx014.

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Churchill, Robin. "Dispute Settlement in the Law of the Sea: Survey for 2018." International Journal of Marine and Coastal Law 34, no. 4 (November 4, 2019): 539–70. http://dx.doi.org/10.1163/15718085-23441112.

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AbstractThis is the latest in a series of annual surveys in this Journal reviewing dispute settlement in the law of the sea, both under Part XV of the UN Convention on the Law of the Sea and outside the framework of the Convention. It covers developments during 2018. The most significant developments during the year were the judgment of the International Court of Justice in Costa Rica v. Nicaragua, delimiting the maritime boundaries between the two States’ overlapping maritime zones in both the Caribbean Sea and the Pacific Ocean; the report of the Conciliation Commission concerning maritime boundary arrangements between Timor-Leste and Australia; and the findings of a dispute settlement body of the South Pacific Regional Fisheries Management Organization.

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Maier, Harold G. "Introduction." American Journal of International Law 81, no. 1 (January 1987): 77–78. http://dx.doi.org/10.2307/2202132.

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The ultimate authority of the International Court of Justice flows from the same source as the ultimate authority of all other judicial bodies. Every court’s decisions are an authoritative source of law in a realistic sense only because they are accepted as such by the community whose controversies the court is charged to resolve. In the case of the World Court, it is the community of nations that confers that authority and under the Court’s Statute, its jurisdiction is conferred solely by the consent of the nations whose disputes it is called to adjudicate. It is for this reason that the case Nicaragua v. United States and the actions of both the Court and the United States Government in connection with it are of special importance to those who are concerned with international law.

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