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International Court of Justice

Published online by Cambridge University Press:  22 May 2009

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Extract

Case concerning the Arbitral Award Made by the King of Spain on December 23rd, 1906 (Honduras v. Nicaragua): On July 1, 1958, Honduras filed an application instituting proceedings against Nicaragua concerning an arbitral award made by the King of Spain with regard to the demarcation of the limits between the two countries. According to Article 5 of the Bonilla-Gamez Treaty which determined the limits, certain points in dispute might, in certain circumstances, be referred to the decision of the government of Spain. Thus an arbitration was requested from the King of Spain in October 1904, and the award was made on December 23, 1906. The application stated that, when the time came to proceed to the delimitation, Nicaragua contended that the arbitral award was a nullity and that it was not possible to resolve the dispute by diplomatic means or through the mediation of friendly nations and governments. Under the resolution adopted by the Organization of American States on July 5, 1957, the governments of Honduras and Nicaragua concluded an agreement at Washington on July 21, 1957, by virtue of which their dispute should be referred to the International Court of Justice. In its application Honduras requested the Court to declare that Nicaragua's failure to give effect to the arbitral award of 1906 constituted a breach of an international obligation and that Nicaragua was under an obligation to carry out the award.

Type
International Organizations: Summary of Activities: I. United Nations
Information
International Organization , Volume 12 , Issue 4 , Autumn 1958 , pp. 532 - 533
Copyright
Copyright © The IO Foundation 1958

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References

1 International Court of Justice, Communiqué No. 5811, 07 3, 1958Google Scholar.

2 International Court of Justice, Communiqué No. 58/8, 08 23, 1958Google Scholar; International Court of Justice, Application Instituting Proceedings filed in the Registry of the Court on August 22nd, 1958, Case concerning the Aerial Incident of September 4th, 1954 (United Stales of America v. Union of Soviet Socialist Republics).

3 International Court of Justice, Communiqué No. 58/12, 09 25, 1958Google Scholar; International Court of Justice, Application Instituting Proceedings filed in the Registry of the Court on September 23rd, 1958, Case concerning the Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain).

4 Interhandel Case, Order of June 26th, 1958: l.C.J. Reports 1958. p. 31.

5 International Court of Justice, Commumqué No. 58/6, 06 28, 1958Google Scholar.

6 Case concerning Sovereignty over certain Frontier Land, Order of July 1, 1958: l.C.J. Reports 1958, P. 34.

7 Case concerning the Aerial Incident of July 27th, 1955 (United States of America v. Bulgaria), Order of August 12th, 1958: l.C.J. Reports 1958, p. 37.

8 Case concerning Right of Passage over Indian Territory, Order of August 28th, 1958: l.C.J. Reports 1958, p. 40.

9 Case concerning the Arbitral Award made by the King of Spain on December 23rd, 1906, Order of September 3rd, 1958: l.C.J. Reports 1958, p. 43.