Case Concerning Border and Transborder Armed Actions (Nicaragua v. Honduras)

Abstract

International Court of Justice — Contentious jurisdiction — Acceptance of jurisdiction — Multilateral treaty — Pact of Bogotá 1948 — Article XXXI — Provision for settlement of disputes by International Court of Justice — Whether constituting a collective acceptance of the compulsory jurisdiction of the Court — Whether requiring a declaration under Article 36 of the Statute of the Court — Party to Pact also making declaration under Article 36 — Effect of reservations in declaration upon obligations under Pact — Relationship between Article XXXI and other provisions of the Pact Whether requirement that dispute cannot be settled by negotiation or conciliation — Contadora Process in Central America

International Court of Justice — Contentious jurisdiction — Acceptance of jurisdiction — Article 36 of the Statute of the Court — Declaration of acceptance — Subsequent modification — New declaration subject to reservations — Effect — Whether duty to notify other parties — Effect on obligation to submit to jurisdiction of the Court under other treaties

International Court of Justice — Contentious jurisdiction — Admissibility — Existence of legal dispute — Whether application political in nature — Division of wider regional dispute into separate bilateral disputes — Required degree of particularization of claim — Relationship of application to Contadora Process in Central America — Whether prior procedure for settlement concluded before application to Court

Conciliation — Nature — Contadora Process in Central America — Whether a conciliation process — Whether concluded — Application to International Court of Justice — Whether precluded by existence of Contadora Process

Treaties — Nature of obligations — Modification — Effect of unilateral act — Pact of Bogotá, 1948 — Obligation to accept jurisdiction of International Court of Justice — Whether modified by unilateral declaration under Article 36 of the Statute of the Court