Hostname: page-component-cd9895bd7-gbm5v Total loading time: 0 Render date: 2024-12-23T17:06:35.804Z Has data issue: false hasContentIssue false

Case Concerning Border and Transborder Armed Actions (Nicaragua v. Honduras)

International Court of Justice.  20 December 1988 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International Court of Justice — Contentious jurisdiction — Acceptance of jurisdiction — Multilateral treaty — Pact of Bogotá 1948 — Article XXXI — Provision for settlement of disputes by International Court of Justice — Whether constituting a collective acceptance of the compulsory jurisdiction of the Court — Whether requiring a declaration under Article 36 of the Statute of the Court — Party to Pact also making declaration under Article 36 — Effect of reservations in declaration upon obligations under Pact — Relationship between Article XXXI and other provisions of the Pact Whether requirement that dispute cannot be settled by negotiation or conciliation — Contadora Process in Central America

International Court of Justice — Contentious jurisdiction — Acceptance of jurisdiction — Article 36 of the Statute of the Court — Declaration of acceptance — Subsequent modification — New declaration subject to reservations — Effect — Whether duty to notify other parties — Effect on obligation to submit to jurisdiction of the Court under other treaties

International Court of Justice — Contentious jurisdiction — Admissibility — Existence of legal dispute — Whether application political in nature — Division of wider regional dispute into separate bilateral disputes — Required degree of particularization of claim — Relationship of application to Contadora Process in Central America — Whether prior procedure for settlement concluded before application to Court

Conciliation — Nature — Contadora Process in Central America — Whether a conciliation process — Whether concluded — Application to International Court of Justice — Whether precluded by existence of Contadora Process

Treaties — Nature of obligations — Modification — Effect of unilateral act — Pact of Bogotá, 1948 — Obligation to accept jurisdiction of International Court of Justice — Whether modified by unilateral declaration under Article 36 of the Statute of the Court

Type
Case Report
Copyright
© Cambridge University Press 1991

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)