The Republic of Nicaragua v. The United States of America (1986) was a case where the International Court of Justice (ICJ) held that the U.S. had violated international law by supporting the Contras in their rebellion against the Sandinistas and by mining Nicaragua’s harbors.
Contents
What was clearly established in the case Nicaragua vs the USA?
The Court finds it established that, on a date in late 1983 or early 1984, the President of the United States authorized a United States government agency to lay mines in Nicaraguan ports; that in early 1984 mines were laid in or close to the ports of El Bluff, Corinto and Puerto Sandino, either in Nicaraguan internal
Did America invade Nicaragua?
The United States occupation of Nicaragua from 1912 to 1933 was part of the Banana Wars, when the US military invaded various Latin American countries from 1898 to 1934. The formal occupation began in 1912, even though there were various other assaults by the U.S. in Nicaragua throughout this period.
What is the effective control test?
In order to meet the effective control test in this context, the applicant would have had to demonstrate the existence of (i) a de facto link by virtue of factors such as financing, organising, training, selecting targets and planning, and (ii) control such that it is clear that the acts had been ordered or imposed on
How is customary international law identified?
Customary international law is not set down in treaties or other documents: it comes from the usual behavior of states towards each other. A rule is identified on the basis that states usually act in a certain way, and do so out of a sense of obligation.
What is the meaning of Opinio Juris?
an opinion of law or necessity
Definition. Opinio juris is a shortened form of the Latin phrase opinio juris sive necessitatis, which means “an opinion of law or necessity.”
What was the ruling in the case SS Lotus?
It held that France, as the flag State, did not enjoy exclusive territorial jurisdiction in the high seas in respect of a collision with a vessel carrying the flag of another State (paras 71 – 84).
Who did the US support in Nicaragua?
The Contras were the various U.S.-backed and funded right-wing rebel groups that were active from 1979 to the early 1990s in opposition to the Marxist Sandinista Junta of National Reconstruction Government in Nicaragua which came to power in 1979 following the Nicaraguan Revolution.
How was Nicaragua involved in the banana wars?
Nicaragua: Occupied by the U.S. almost continuously from 1912 to 1933, after intermittent landings and naval bombardments in the prior decades. The U.S. had troops in Nicaragua to prevent its leaders from creating conflicts with U.S. interests in the country. The bluejackets and marines were there for about 15 years.
Who runs Nicaragua?
| Daniel Ortega | |
|---|---|
| Succeeded by | Himself (President of Nicaragua) |
| Personal details | |
| Born | José Daniel Ortega Saavedra 11 November 1945 La Libertad, Nicaragua |
| Political party | FSLN |
Why is the Martens Clause important?
Opposing States claimed the support of contradictory norms of natural law. However, the Martens Clause establishes an objective means of determining natural law: the dictates of the public conscience. This makes the laws of armed conflict much richer, and permits the participation of all States in its development.
What is the overall control test international law?
The ICTY thus advanced the ‘overall control’ test as a criterion generally valid for imputation of conduct of organized armed groups to a particular state. The test was based on judicial precedents and state practice.It should instead be capable of showing that state and judicial practice do not corroborate that test.
What is overall control?
Overall control means the product of the capture efficiency and the control device efficiency.
What are the advantages of customary international law?
The advantage of customary law is that it is not necessary for a State to formally accept a rule in order to be bound by it, as long as the overall State practice on which the rule is based is “widespread, representative and virtually uniform” and accepted as law.
What are important ingredients of customary international law?
(1) The objective element (State practice). (b) virtually uniform practice (i.e. consistent and uniform usage) undertaken in a manner that demonstrates; (2) a general recognition of the rule of law or legal obligation (i.e. opinio juris).
Which theory best explains the true basis of international law?
As to the true basis of international law, contemporary sociological theories tend to support Naturalism because they argue that international law is based on social interdependence and aims at bringing about international social justice.
Is opinio juris important?
Significantly, evidence of State practice alone is insufficient to identify customary international law. Understanding opinio juris is essential to determining whether certain practices have developed into norms of customary international law.
How does one know if opinio juris exists?
In practice, a variety of sources tend to be used to demonstrate the existence of opinio juris, including evidence such as diplomatic correspondence, press releases and other government statements of policy, opinions of legal advisers, official manuals on legal questions, legislation, national and international
Why is opinio juris important?
Opinio juris serves to establish the existence of a legal obligation and distinguishes customs from usage. The Statute of the Court refers to a general practice “accepted as law” and “as obligatory”. Here the emphasis is on the psychological element as a requirement for the formation of customs.
Which treaty overturned the Lotus principle regarding collisions on the high seas?
The Lotus decision, however, has been reversed post the 1958 Geneva Convention on the High Seas, reemphasized in UN Convention on the Law of the Sea (UNCLOS) 1982.
In which case the Permanent Court of International Justice held that in case of a conflict between customary rule and treaty rule the latter shall prevail?
The Case of the S.S. Lotus, France v. Turkey, Judgment, 7 September 1927, Permanent Court of International Justice (PCIJ)
