Essay The Treaty Of The United States

1847 Words Jan 13th, 2016 8 Pages
only be exercised as a response to an armed attack. Indeed one of the basic principles of legitimate use of force under self-defense is ‘proportionality’. Bearing in mind the difference between the scale and nature of the USA’s intervention in Nicaragua and the alleged Nicaraguan supply of arms to El Salvador, the USA claim is hard to support as a self-defense within the criteria of proportionality.
Court Proceedings
The ICJ considered the parties’ various claims on 10 May 1984; however it did not at this stage rule on any issues and asked the parties file their oral arguments. With this, Nicaragua filed that the Treaty of Friendship, Commerce and Navigation should be an independent basis for jurisdiction, as the treaty stipulated the ICJ for settlement of disputes between the USA and Nicaragua. As for the USA’s files, the USA argued that its original declaration contained the multi-lateral treaty reservation that establishes ICJ’s jurisdiction shall not extend to the disputes under multi-lateral treaty unless all parties of the treaty are partied to the case before the court or unless the USA specially agrees to the jurisdiction.
On 26 November1984, the ICJ accepted the jurisdiction of the case by an 11 to 5 voting. For the ICJ; Treaty of Friendship, Commerce and Navigation provided a second, independent basis for jurisdiction (14/2). The Court also decided to apply the "multilateral treaty reservation” during the adjudication (11/4). Following the ICJ’s acceptance of…

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