Legal Material

Border and Transborder Armed Actions, Nicaragua v Honduras, Judgment, Jurisdiction and Admissibility, [1988] ICJ Rep 69, ICGJ 102 (ICJ 1988), 20th December 1988, International Court of Justice [ICJ]



More Like This

Show all results sharing these subjects:

  • Diplomacy and Consular Relations
  • Public International Law
  • International Law
  • Law

GO

Show Summary Details

Preview

Whether Nicaragua had the burden of proof to establish that the International Court of Justice (‘ICJ“) had jurisdiction, or whether Honduras had the burden of proof to establish that it did not.

Whether the ICJ had jurisdiction under the American Treaty on Pacific Settlement (‘Pact of Bogotá“) to hear Nicaragua's claim regarding Honduras' lack of cooperation in controlling paramilitary groups, generally known as contra forces, on their mutual border.

Whether Nicaragua's Application was admissible, considering Honduras' objections that the claim was politically inspired, artificial, vague, and insufficient with regards to the requirement of settlement through negotiation as required by Article II of the Pact of Bogotá.

Keywords: Burden of proof; Good faith; International courts and tribunals, jurisdiction; International courts and tribunals, procedure; Paramilitary groups; Treaties, interpretation; Treaties, reservations and declarations; Use of force; Use of force, threat

Legal Material.  39156 words. 

Subjects: Diplomacy and Consular Relations ; Public International Law ; International Law ; Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.