Skip to main content
×
Home
    • Aa
    • Aa

The Impact of the Nicaragua Case on the Court and Its Role: Harmful, Helpful, or In Between?

Abstract
Abstract

At the time the United States withdrew from participation in the Nicaragua case at the International Court of Justice, the US government expressed concern that ‘the course on which the Court may now be embarked could do enormous harm to it as an institution and to the cause of international law’. This essay examines whether or to what extent the anticipated negative effects came to pass. It concludes that dire predictions of harm to the Court were overstated. Twenty-five years later, the rate at which states accept the Court's jurisdiction has held steady. Only a few states have added jurisdictional reservations concerning military activities. The mix of cases being brought to the Court has shifted towards a more representative distribution. States are generally complying with the Court's decisions, though some compliance problems remain. The most serious negative impact has been on the willingness of the United States (still the Court's most active litigant) to participate fully in international dispute settlement.

Copyright
Linked references
Hide All

This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

Colter Paulson , ‘Compliance with Final Judgments of the International Court of Justice since 1987’, (2004) 98 AJIL 434

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

Leiden Journal of International Law
  • ISSN: 0922-1565
  • EISSN: 1478-9698
  • URL: /core/journals/leiden-journal-of-international-law
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Keywords: