Hostname: page-component-77c89778f8-9q27g Total loading time: 0 Render date: 2024-07-16T21:49:56.879Z Has data issue: false hasContentIssue false

Committee of United States Citizens Living in Nicaragua v. Reagan

United States.  16 December 1988 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International Court of Justice — Judgments — Legal effects — Military and Paramilitary Activities in and Against Nicaragua case — Violation of principles of customary international law and treaty obligations — Whether judgments of International Court of Justice enforceable by individuals in municipal courts — Whether obligation of State to abide by decisions of International Court of Justice is peremptory norm — Continued United States support for rebel movement in Nicaragua

Relationship of international law and municipal law — Act of State and justiciability — Justiciability of foreign relations questions — Political question doctrine — United States support for rebels in Nicaragua — Judgment of International Court of Justice in Military and Paramilitary Activities in and against Nicaragua case — Whether importance of issue can render it justiciable where otherwise non-justiciable

Relationship of international law and municipal law — Jus cogens — Effect in domestic legal system — Whether the same as on international plane — Whether enforceable by municipal courts

Relationship of international law and municipal law — Treaties — Application by municipal courts — Whether violation of treaty obligations by State can be remedied in municipal court — Whether subsequent legislation prevails over treaty — Whether treaty violation vests right of action in individuals — United States support for Contra rebel movement — United Nations Charter — Treaty of Friendship, Commerce and Navigation between the United States and Nicaragua, 1956

Sources of international law — General — Jus cogens — Whether obligation on States to abide by judgments of the International Court of Justice constitutes peremptory norm of international law — Criteria for jus cogens — State practice — Vienna Convention on the Law of Treaties, 1969, Article 53

Treaties — Application — By municipal courts — Whether treaty provisions give rise to rights enforceable by individuals — Whether violations of treaty obligations by States can be remedied in municipal courts — Effect of subsequent legislation on treaty obligations — United States support of Contra rebel movement in Nicaragua — United Nations Charter — Treaty of Friendship, Commerce and Navigation between the United States and Nicaragua, 1956 — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1991

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)