Litigation Strategy at the International Court: A Case Study of the Nicaragua V. United States Dispute

Front Cover
Martinus Nijhoff Publishers, 1989 - Political Science - 362 pages
1. Analysis of the parties' litigation strategies and tactics in.
 

Contents

Preface
5
PART ONE THE COURT IN THE CONTEXT OF INTERSTATE RELATIONS
5
The Postwar Political Environment and its Impact upon the Court
15
The Court and the United Nations
23
Notes Part One Section I
37
Litigation Strategy at the International Court
47
Parties to the Hostages case
56
Elements of Litigation Strategy as Applied at the International Court
62
The Proceedings on the Merits of the Case
183
Court
205
Breaches of its Obligations under International Law
218
Alignment with the Socialist Bloc of States
228
El Salvador and of the United States Justification of SelfDefense
235
The Judgment on the Merits
244
and during the Proceedings
271
with the Conclusion that the U S Plea of SelfDefense is Legitimate and
277

The Composition of the Court within the Context of Litigation Strategy
94
Strategy
100
Notes Part One Section II
108
PART TWO LITIGATION STRATEGY IN THE NICARAGUA CASE AT
123
The Initial Phase of the Litigation
140
The Question of the Courts Jurisdiction and of the Admissibility of
148
Commerce and Navigation as an Independent Basis of Jurisdiction
154
Navigation
160
States
285
Conclusions
317
Evaluation of the Courts Judgment on the Merits and the Influence of
328
General Conclusions
337
Notes Part Two Section III Conclusions
343
List of References
357
Copyright

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