Legal Material

United States - Trade Measures Affecting Nicaragua, Nicaragua v United States, Report of the Panel, L/6053, ITL 102 (GATT 1986), 13th October 1986, World Trade Organisation [WTO]; General Agreement of Tariffs and Trade (historical) [GATT]



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Whether the Panel was precluded from examining the validity of the invocation of Article XXI:(b)(iii) of the GATT 1947, and whether the interpretation of this provision was reserved entirely to the party invoking it (justiciability).

Whether the Panel was required to interpret Article XXI:(b)(iii) of the GATT 1947 in light of the basic principles of international law, especially the right of self-defence, and in harmony with the decisions of the United Nations and of the International Court of Justice.

Whether the good faith principle was applicable to a non-violation case, even when the Panel was unable to reach a conclusion as to the GATT-consistency of the embargo at issue.

Keywords: International Court of Justice (ICJ); Self-defence; UN General Assembly; UN Security Council; Good faith; Rules of treaty interpretation; International courts and tribunals, jurisdiction; Non-justiciability

Legal Material.  10734 words. 

Subjects: Public International Law ; International Law ; Law

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