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Introduction

Published online by Cambridge University Press:  27 February 2017

Harold G. Maier*
Affiliation:
Vanderbilt University

Extract

The ultimate authority of the International Court of Justice flows from the same source as the ultimate authority of all other judicial bodies. Every court’s decisions are an authoritative source of law in a realistic sense only because they are accepted as such by the community whose controversies the court is charged to resolve. In the case of the World Court, it is the community of nations that confers that authority and under the Court’s Statute, its jurisdiction is conferred solely by the consent of the nations whose disputes it is called to adjudicate. It is for this reason that the case Nicaragua v. United States and the actions of both the Court and the United States Government in connection with it are of special importance to those who are concerned with international law.

Type
Appraisals of the ICJ’s Decision: Nicaragua v. United States (Merits)
Copyright
Copyright © American Society of International Law 1987

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References

1 Dep’t St. Bull., No. 2087, June 1984, at 89.

2 Military and Paramilitary Activities in and against Nicaragua (Nicar. v. U.S.), Jurisdiction and Admissibility, 1984 ICJ Rep. 392 (Judgment of Nov. 26).

3 Department Statement, Jan. 18, 1985, Dep’t St. Bull., No. 2096, March 1985, at 64.

4 See Contemporary Practice, 80 AJIL 163–65 (1986).

5 Military and Paramilitary Activities in and against Nicaragua (Nicar. v. U.S.), Merits, 1986 ICJ Rep. 14 (Judgment of June 27).