which lawyer presented case of nicaragua in 1980s supreme court

What was the International Court of Justice case against Nicaragua?

Reports 1980, p.27. para. 52). 82. "licaragua in its \1emorial submits that the 1956 Treaty has been and was being violated by the military and paramilitary activities of the Uni ted States in and against ~icaragua, as described in the Application; University of Hawaii School of Law Library - Jon Van Dyke Archives Collection

What was the issue in Republic of Nicaragua v United States?

Feb 27, 2017 · The decision in the Nicaragua case is one of the most important judgments ever delivered by the International Court. It is by far the “heaviest” case, in the parlance of the English barrister, ever decided by the Court in the absence of a party. It has broken new ground for the application of Article 53 of the Statute.

Who are the judges in Nicaragua v USA?

On 12-13 and 16-20 September 1985, the Court held public hearings at which it was addressed by the following representatives of Nicaragua: H.E. Mr. Carlos Arguello Gomez, Hon. Abram Chayes, Mr. Paul S. Reichler, Mr. Ian Brownlie, and Mr. Alain Pellet. The United States was not represented at the hearing.

What happened on 25 June 1984 in the Nicaragua case?

Thus in the present instance, the Court is entitled to take account, in judging the asserted justification of the exercise of collective self-defence by the United States, of the actual conduct of El Salvador, Honduras and Costa Rica at the relevant time, as indicative of a belief by the State in question that it was the victim of an armed attack by Nicaragua, and of the making of a …

What was the ICJ judgment in the Nicaragua case?

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.

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 ...

Why did the US invade Nicaragua?

The goal was to undermine European financial strength in the region, which threatened American interests to construct a canal in the isthmus, and also to protect American private investment in the development of Nicaragua's natural resources.

Is Nicaragua an American?

Nicaragua, country of Central America. It is the largest of the Central American republics.

What is the meaning of opinio juris?

an opinion of law or necessityOpinio juris is a shortened form of the Latin phrase opinio juris sive necessitatis, which means "an opinion of law or necessity."

What happened to the Contras in Nicaragua?

In 1987, after the discovery of private resupply efforts orchestrated by the National Security Council and Oliver North, Congress ceased all but "non-lethal" aid in 1987. The war between the Sandinistas and the Contras ended with a cease-fire in 1990.

What happened in Nicaragua in the 1980s?

The initial overthrow of the Somoza regime in 1978–79 was a dirty affair, and the Contra War of the 1980s took the lives of tens of thousands of Nicaraguans and was the subject of fierce international debate. Because of this, the political turmoil, overall economy, and government have been declining.

What diplomacy was used in Nicaragua in 1909?

Dollar DiplomacyUnder the name of Dollar Diplomacy, the Taft administration engineered such a policy in Nicaragua. It supported the overthrow of José Santos Zelaya and set up Adolfo Díaz in his place; it established a collector of customs; and it guaranteed loans to the Nicaraguan government.

Who owns Nicaragua?

Originally inhabited by various indigenous cultures since ancient times, the region was conquered by the Spanish Empire in the 16th century. Nicaragua gained independence from Spain in 1821....Nicaragua.Republic of Nicaragua República de Nicaragua (Spanish)Capital and largest cityManagua 12°6′N 86°14′WOfficial languagesSpanish45 more rows

Who discovered Nicaragua?

Nicaragua was first discovered by Europeans when Christopher Columbus invaded from Honduras and explored the eastern coast on his fourth voyage in 1502. In 1522, the first Spaniards entered the region of what would become known as Nicaragua.

Why was the CIA in Nicaragua?

The document states that the CIA was to stop the spread of communism in Nicaragua and back democratic leaders. The specific actions that Reagan authorized the CIA to take remain redacted in the declassified document.

What is the race of Nicaragua?

Nicaragua's population is 69% Mestizo, 17% white, 5% Amerindian and 9% black and other races, although its demographics change with migration.

What is the Nicaragua case?

The decision in the Nicaragua case is one of the most important judgments ever delivered by the International Court. It is by far the “heaviest” case, in the parlance of the English barrister, ever decided by the Court in the absence of a party. It has broken new ground for the application of Article 53 of the Statute. It deals in detail with the multilateral treaty reservation of the United States (the “Vandenberg amendment”). It contains provocative reasoning about the genesis and maintenance of rules of customary international law, separate from treaties such as the United Nations Charter. It contains seminal findings on the use of force and the exercise of the inherent right of self-defense under Article 51 of the Charter. It presents fresh and doubtless controversial interpretations of the principle of nonintervention. It prescribes limits to “collective counter-measures” in response to conduct not deemed to amount to “armed attacks.”

What is the most important decision in Nicaragua?

The decision in the Nicaragua case is one of the most important judgments ever delivered by the International Court. It is by far the “heaviest” case, in the parlance of the English barrister, ever decided by the Court in the absence of a party. It has broken new ground for the application of Article 53 of the Statute.

When did Nicaragua ask the ICJ to rule America's assistance to the so-called contras illegal under international

In 1984 , Nicaragua asked the ICJ to rule America’s assistance to the so-called contras illegal under international law, as a violation of Art. 2 (4) of the United Nations Charter. The United States claimed its intervention was legal as an act of collective self-defense of neighboring countries. Eventually the United States withdrew from ...

When did El Salvador declare its intervention?

It was only in its Declaration of Intervention filed on 15 August 1984, that El Salvador referred to requests addressed at various dates to the United States for the latter to exercise its right of collective self-defence (para.

Did the Court see evidence that the conduct of those States was consistent with such a situation?

The Court has seen no evidence that the conduct of those States was consistent with such a situation, either at the time when the United States first embarked on the activities which were allegedly justified by self- defence, or indeed for a long period subsequently.

Did Costa Rica make reference to collective self defense?

The representative of Costa Rica also made no reference to collective self-defence. Nor, it may be noted, did the representative of the United States assert during that debate that it had acted in response to requests for assistance in that context. 235.

Which country is under an obligation to make reparation to the Republic of Nicaragua?

Decides that the United States of America is under an obligation to make reparation to the Republic of Nicaragua for all injury caused to Nicaragua by the breaches of the Treaty of Friendship, Commerce and Navigation between the Parties signed at Managua on 21 January 1956;

What does Nicaragua attribute to?

2. Nicaragua attributes to the direct action of United States personnel, or persons in its pay, operations against oil installations, a naval base, etc., listed in paragraph 81 of the Judgment. The Court finds all these incidents, except three, to be established.

Which judge held that the actions of the United States are strikingly proportionate?

Judge Schwebel held that "the actions of the United States are strikingly proportionate. The Salvadoran rebels, vitally supported by Nicaragua, conduct a rebellion in El Salvador; in collective self-defence, the United States symmetrically supports rebels who conduct a rebellion in Nicaragua.

What is the divergence between the content of the customary norms and that of the treaty law norms

In response to an argument of the United States, the Court considers that the divergence between the content of the customary norms and that of the treaty law norms is not such that a judgment confined to the field of customary international law would not be susceptible of compliance or execution by the parties. X.

Is the right of individual or collective self defense a customary right?

The exception of the right of individual or collective self-defence is also, in the view of States, established in customary law, as is apparent for example from the terms of Article 51 of the United Nations Charter, which refers to an "inherent right", and from the declaration in resolution 2625 (XXV).

Does Judge Ruda accept the reservation expressed by the United States in the letter dated 18 January 1985?

In the first place, Judge Ruda does not accept the reservation expressed by the United States in the letter dated 18 January 1985 "in respect of any decision by the Court regarding Nicaragua's claims".

What was the intent of the 1877 Act?

Hitchcock, 187 U.S., at 568, 23 S.Ct., at 222. Rather, the 1877 Act effected a taking of tribal property, property which had been set aside for the exclusive occupation of the Sioux by the Fort Laramie Treaty of 1868.

What act did the Sioux consider a breach of the Treaty of 1877?

Throughout the ensuing years, the Sioux regarded the 1877 Act as a breach of that treaty, but Congress did not enact any mechanism by which they could litigate their claims against the United States until 1920, when a special jurisdictional Act was passed.

What is the objection to the Black Hills case?

The objection would take the form that Congress, in directing the Court of Claims to reach the merits of the Black Hills claim, effectively reviewed and reversed that court's 1975 judgment that the claim was barred by res judicata, or its 1942 judgment that the claim was not cognizable under the Fifth Amendment.

Is the Just Compensation Clause factual?

The question whether a particular congressional measure was appropriate for protecting and advancing a tribe's interests, and therefore not subject to the Just Compensation Clause, is factual in nature, and the answer must be based on a consideration of all the evidence presented.

Was the Sioux claim protected by the Just Compensation Clause?

In 1942, this claim was dismissed by the Court of Claims, which held that it was not authorized by the 1920 Act to question whether the compensation afforded the Sioux in the 1877 Act was an adequate price for the Black Hills and that the Sioux' claim was a moral one not protected by the Just Compensation Clause.

Nicaragua's Submissions

• Nicaragua charged: 1. (a) That the United States, in recruiting, training, arming, equipping, financing, supplying and otherwise encouraging, supporting, aiding, and directing military and paramilitary actions in and against Nicaragua, had violated its treaty obligations to Nicaragua un…

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Judgment

Certain Witnesses Against The Us

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U.S. Defense and Response

Significance

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