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
34 Pages Posted: 1 May 2016 Last revised: 15 Dec 2017
Date Written: April 29, 2016
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
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