Litigation Strategy at the International Court: A Case Study of the Nicaragua V. United States Dispute1. 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 |
357 | |
Common terms and phrases
acceptance adjudication Aegean Sea alleged American application arguments armed attack armed force basis Central America collective self-defense concerning constitute an armed context contra forces contra guerrillas contras Costa Rica Court's compulsory jurisdiction Court's Judgment Court's jurisdiction customary international law decision Declaration diplomatic dispute Dissent El Salvador evidence fact factual FMLN FSLN guerrillas Gulf of Maine Honduras Ibid ICJ Reports insurgents interests International Court intervention involved issue Judge Schwebel judicial Jurisdiction and Admissibility litigation strategy MacMichael ment merits multilateral treaties reservation Nicara Nicaragua Nicaraguan Government non-appearance operations opinion Optional Clause organs paramilitary activities parties Permanent Court phase political position preliminary objections President provisional measures question real consent reasons relations request respondent role Rosenne Rules Salvador Salvadoran Sandinista Security Council settlement South West Africa Soviet statements Statute submitted supra note tion U.N. Charter U.S. Congress U.S. Government United Nations violations vote