Nicaragua in the International Court of Justice and the Law of Treaties

Nicaragua Before the International Court of Justice: Impacts on International Law, pp. 215-245, Edgardo Sobenes Obregon and Benjamin Samson, eds, Springer, 2018

Oxford Legal Studies Research Paper No. 30/2016

34 Pages Posted: 1 May 2016 Last revised: 15 Dec 2017

See all articles by Antonios Tzanakopoulos

Antonios Tzanakopoulos

University of Oxford - Faculty of Law

Anna Ventouratou

University of Oxford - Faculty of Law

Date Written: April 29, 2016

Abstract

This essay assesses the impact of the 'Nicaraguan' cases, ie cases in which Nicaragua has been involved before the International Court of Justice, on the law of treaties. It focuses on two main aspects: the first is the relationship between various principles and (or) maxims of interpretation and the customary rules of interpretation reflected in Articles 31-32 of the Vienna Convention on the Law of Treaties. The second is the relationship between treaty and customary law, considered against the background of the quintessential Nicaraguan case, the Military and Paramilitary Activities in and against Nicaragua.

Keywords: law of treaties, treaty interpretation, Vienna Convention on the Law of Treaties, principle of effectiveness, dynamic interpretation, evolutive interpretation, relationship between treaty and custom

Suggested Citation

Tzanakopoulos, Antonios and Ventouratou, Anna, Nicaragua in the International Court of Justice and the Law of Treaties (April 29, 2016). Nicaragua Before the International Court of Justice: Impacts on International Law, pp. 215-245, Edgardo Sobenes Obregon and Benjamin Samson, eds, Springer, 2018, Oxford Legal Studies Research Paper No. 30/2016, Available at SSRN: https://ssrn.com/abstract=2772648

Antonios Tzanakopoulos (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/people/antonios-tzanakopoulos

Anna Ventouratou

University of Oxford - Faculty of Law ( email )

Oxford
United Kingdom

HOME PAGE: http://https://www.law.ox.ac.uk/people/anna-ventouratou

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