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Committee of United States Citizens Living in Nicaragua v. Reagan

United States.  16 December 1988 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International Court of Justice — Judgments — Legal effects — Military and Paramilitary Activities in and Against Nicaragua case — Violation of principles of customary international law and treaty obligations — Whether judgments of International Court of Justice enforceable by individuals in municipal courts — Whether obligation of State to abide by decisions of International Court of Justice is peremptory norm — Continued United States support for rebel movement in Nicaragua

Relationship of international law and municipal law — Act of State and justiciability — Justiciability of foreign relations questions — Political question doctrine — United States support for rebels in Nicaragua — Judgment of International Court of Justice in Military and Paramilitary Activities in and against Nicaragua case — Whether importance of issue can render it justiciable where otherwise non-justiciable

Relationship of international law and municipal law — Jus cogens — Effect in domestic legal system — Whether the same as on international plane — Whether enforceable by municipal courts

Relationship of international law and municipal law — Treaties — Application by municipal courts — Whether violation of treaty obligations by State can be remedied in municipal court — Whether subsequent legislation prevails over treaty — Whether treaty violation vests right of action in individuals — United States support for Contra rebel movement — United Nations Charter — Treaty of Friendship, Commerce and Navigation between the United States and Nicaragua, 1956

Sources of international law — General — Jus cogens — Whether obligation on States to abide by judgments of the International Court of Justice constitutes peremptory norm of international law — Criteria for jus cogens — State practice — Vienna Convention on the Law of Treaties, 1969, Article 53

Treaties — Application — By municipal courts — Whether treaty provisions give rise to rights enforceable by individuals — Whether violations of treaty obligations by States can be remedied in municipal courts — Effect of subsequent legislation on treaty obligations — United States support of Contra rebel movement in Nicaragua — United Nations Charter — Treaty of Friendship, Commerce and Navigation between the United States and Nicaragua, 1956 — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1991

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