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International Court of Justice

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  • Anonymous

Abstract

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.

Suggested Citation

  • Anonymous, 1958. "International Court of Justice," International Organization, Cambridge University Press, vol. 12(4), pages 532-533, October.
  • Handle: RePEc:cup:intorg:v:12:y:1958:i:4:p:532-533_9
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    Cited by:

    1. Tams, Christian J., 2016. "World Courts as Guardians of Peace?," Global Cooperation Research Papers 15, University of Duisburg-Essen, Käte Hamburger Kolleg / Centre for Global Cooperation Research (KHK/GCR21).
    2. Sara McLaughlin Mitchell & Emilia Justyna Powell, 2009. "Legal Systems and Variance in the Design of Commitments to the International Court of Justice," Conflict Management and Peace Science, Peace Science Society (International), vol. 26(2), pages 164-190, April.
    3. Katharine Heyl & Felix Ekardt & Paula Roos & Jessica Stubenrauch & Beatrice Garske, 2021. "Free Trade, Environment, Agriculture, and Plurilateral Treaties: The Ambivalent Example of Mercosur, CETA, and the EU–Vietnam Free Trade Agreement," Sustainability, MDPI, vol. 13(6), pages 1-24, March.

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