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Case Concerning the Arbitral Award Made by The King of Spain on December 23, 1906 (Honduras v. Nicaragua).

International Court of Justice.  18 November 1960 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State Territory — Parts of — Land boundaries — Principle of uti possidetis — Meaning and application of.

State territory — Parts of — Water boundaries — Thalweg — Operation of thalweg concept at mouth of river.

Treaties — Conclusion of — Ratification and entry into force Provisions for submission of treaty to constitutional ratification and for immediate organization of Mixed Boundary Commission prior to ratification — Whether treaty enters into force on signature — Relevance of intention of Parties.

Disputes — Arbitration — The award — Binding force of — Validity of award — Effect of non-compliance with treaty provisions on appointment of arbitrator — Effect of lapse of treaty after appointment but before arbitrator agreed to act — Whether acquiescence in award as binding operates as estoppel to later objections to its validity — Effect of arbitrator exceeding his powers — Effect of “essential error” — Effect of omissions and obscurities in award.

Type
Case Report
Copyright
© Cambridge University Press 1966

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