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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).
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