Nicaragua Case Essay

1667 Words Feb 23rd, 2012 7 Pages
28 October 2011, Assignment #3

Rules and norms derive from their sources. The sources articulate what the law is and where it can be found. The sources of international law can be found in article 38 of the Statute of the International Court of Justice. Article 38 of the Statute of the ICJ states: ‘The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:
a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article
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Case laws are used by advocates to support their views to favor their clients and also it influence the decision of the judges. The ICJ refers to the following judicial decisions in the Nicaragua case;

* Corfu Channel * Contadora Process * Fisheries Jurisdiction * cf. Monetary Gold Removed from Rome in 1943 * Northern Cameroons * Continental Shelf (Libyan Arab Jamahiriya/Malta) * Nuclear Tests

General principles are essentially provide a mechanism to address international issues not already subject either to treaty provisions or to binding customary rules. Such general principles may arise either through municipal law or through international law, and many are in fact procedural or evidential principles or those that deal with the machinery of the judicial process. One of the most important principle of international law is that of good faith. It governs the creation and performance of legal obligations and is the foundation of treaty law. Another important general principle is that of equity, which permits international law to have a degree of flexibility in its application and enforcement. In the Nicaragua case the judges refer to the principle of the equality of the parties, it states that it has to remain a basic principle.
The case speaks of the latin maxium jura novit curia which is a general principle of law. The latin maxim jura novit curia is used to express the fact that the court knows the law, or in other words that there

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