Confirm favorite deletion?
International Law Keyed to Damrosche
Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States)
Facts
The United States (D) challenged the jurisdiction of the I.C.J when it was held responsible for illegal military and paramilitary activities in and against Nicaragua (P) in the suit the plaintiff brought against the defendant in 1984. Though a declaration accepting the mandatory jurisdiction of the Court was deposited by the United States (D) in a 1946, it tried to justify the declaration in a 1984 notification by referring to the 1946 declaration and stating in part that the declaration “shall not apply to disputes with any Central American State….” Apart from maintaining the ground that the I.C.J lacked jurisdiction, the States (D) also argued that Nicaragua (P) failed to deposit a similar declaration to the Court. On the other hand, Nicaragua (P) based its argument on its reliance on the 1946 declaration made by the United states (D) due to the fact that it was a “state accepting the same obligation” as the United States (D) when it filed charges in the I.C.J. against the United States (D). Also, the plaintiff intent to submit to the compulsory jurisdiction of the I.C.J. was pointed out by the valid declaration it made in 1929 with the I.C.J’s predecessor, which was the Permanent Court of International Justice, even though Nicaragua had failed to deposit it with that court. The admissibility of Nicaragua’s (P) application to the I.C.J. was also challenged by the United States (D).
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.