Nicaragua Case free essay sample

The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. nternational custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. ’ A rule must derive from one of these sources in order to be considered international law. ’ Custom in international law is a practice followed by those concerned because they feel legally obliged to behave in such a way. Custom must be distinguished from mere usage, such as behavior which may be done out of courtesy, friendship or convenience rather than out of legal obligation or a feeling that non-compliance would produce legal consequences, for example sanctions imposed by other members of the international community. We will write a custom essay sample on Nicaragua Case or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This is also a requirement for opinion juris. The source judicial  decisions  and scholarly writings are subsidiary means for the determination of the law. Both municipal and international judicial  decisions  can serve to establish new principles and rules. As said before the judges also relied on international customary as a source. A rule of customary international law identified in the case would be the principle of non-intervention. The Principle of nonintervention as used in International law refers to a rule that a country should not interfere in the internal affairs of another country. The rule is based upon the principles of state sovereignty and self-determination. This principle is also embodied in Article 2(7) of the U. N. Charter which binds it from intervening â€Å"in matters which are essentially within the domestic jurisdiction of any state. †   The judgest in the case state that ‘It therefore finds that the support given by the United States to the military and paramilitary activities of the  contras  in Nicaragua, by financial support, training, supply of weapons, intelligence and logistic support, constitutes a clear breach of the principle of non-intervention. ’ The judicial decisions which find their legal grounds in article 38 of the UNC are part of case law. Case law is the decisions, interpretations made by judges while deciding on the legal issues before them which are considered as the common law or as an aid for interpretation of a law in subsequent cases with similar conditions. Case laws are used by advocates to support their views to favor their clients and also it influence the decision of the judges. The ICJ refers to the following judicial decisions in the Nicaragua case; * Corfu Channel * Contadora Process * Fisheries Jurisdiction * cf. Monetary Gold Removed from Rome in 1943 * Northern Cameroons * Continental Shelf (Libyan Arab Jamahiriya/Malta) Nuclear Tests General principles are essentially provide a mechanism to address international issues not already subject either to treaty provisions or to binding customary rules. Such general principles may arise either through municipal law or through international law, and many are in fact procedural or evidential principles or those that deal with the machinery of the judicial pro cess. One of the most important principle of international law is that of  good faith. It governs the creation and performance of legal obligations and is the foundation of treaty law. Another important general principle is that of equity, which permits international law to have a degree of  flexibility in its application and enforcement. In the Nicaragua case the judges refer to the principle of the equality of the parties, it states that it has to remain a basic principle. The case speaks of the latin maxium jura novit curia which is a general principle of law. The latin maxim jura novit curia is used to express the fact that the court knows the law, or in other words that there is no need for the parties to plead the law or to prove the law that applies to the case. It has traditionally been claimed that jura novit curia applies in civil law systems but not in common law systems. However, this claim has been made with varying finality. The case states that ’ For the purpose of deciding whether the claim is well founded in law, the principle jura novit curia signifies that the Court is not solely dependent on the argument of the parties before it with respect to the applicable law (cf. Lotus, P. C. I. J. , Series A, No. 10, p. 31), so that the absence of one party has less impact. This would mean for the opinion of the court that although one party is absent there is no question of a judgment automatically in favour of the party appearing, since the Court is required to satisfy itself that that partys claim is well founded in fact and law. This essay shows that the Nicaragua cases relies on all kinds of sources of international law. It shows us that law can be found in more than one place and that there can be more rules who are on the sam e issue but differs from source e. g. rules of customary law and treaty law as stated in the case.