Nicaragua v. United States

Question 1

Brief Fact Summary.

Answer 1

Nicaragua (P) brought a suit against the United States (D) on the ground that the United States (D) was responsible for illegal military and paramilitary activities in and against Nicaragua. The jurisdiction of the International Court of Justice to entertain the case as well as the admissibility of Nicaragua’s (P) application to the I.C.J. was challenged by the United States (D).

Question 2

Issue.

Answer 2

(1) Is the jurisdiction to entertain a dispute between two states, if they both accept the Court’s jurisdiction, within the jurisdiction of the International Court of Justice?
(2) Where no grounds exist to exclude the application of a state, is the application of such a state to the International Court of Justice admissible?

Question 3

Held.

Answer 3

(1) Yes. The jurisdiction of the Court to entertain a dispute between two states if each of the States accepted the Court’s jurisdiction is within the jurisdiction of the International Court of Justice. Even though Nicaragua (P) declaration of 1929 was not deposited with the Permanent Court, because of the potential effect it had that it would last for many years, it was valid.
Thus, it maintained its effect when Nicaragua became a party to the Statute of the I.C.J because the declaration was made unconditionally and was valid for an unlimited period.
(2)Yes. When no grounds exist to exclude the application of a state, the application of such a state to the International Court of Justice is admissible.

Question 4

Synopsis of Rule of Law.

Answer 4

Nicaragua (P) brought a suit against the United States (D) on the ground that the United States (D) was responsible for illegal military and paramilitary activities in and against Nicaragua. The jurisdiction of the International Court of Justice to entertain the case as well as the admissibility of Nicaragua’s (P) application to the I.C.J. was challenged by the United States (D).