Nicaragua Before the International Court of Justice Impacts on Inter

This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, resp

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icaragua Before the International Court of Justice Impacts on International Law

Nicaragua Before the International Court of Justice

Edgardo Sobenes Obregon • Benjamin Samson Editors

Nicaragua Before the International Court of Justice Impacts on International Law

Editors Edgardo Sobenes Obregon Embassy of Nicaragua in The Hague The Netherlands

Benjamin Samson University Paris Nanterre Paris, France

ISBN 978-3-319-62961-2 ISBN 978-3-319-62962-9 DOI 10.1007/978-3-319-62962-9

(eBook)

Library of Congress Control Number: 2017953960 © Springer International Publishing AG 2018 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Editors’ Note and Acknowledgements

At the very beginning the idea behind the preparation of this book was to commemorate the 30th Anniversary of the 1986 Judgment in the case concerning the Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America). However, it became obvious that the contributions embodied in the jurisprudence of the cases to which Nicaragua has been a party extend well beyond the case against the United States, which is why it was decided that the approach should be general. Until now, the general contributions of the Nicaraguan cases had not been put together in a single book nor have they been analyzed with a thematic approach and according to their procedural, jurisdictional, or substantive nature. Evidently, 14 cases and more than 30 years of jurisprudence cannot be limited to a single volume. For this reason, Nicaragua before the International Court of Justice aims at identifying and discussing findings of the ICJ which constitute contributions to the de