International Court of Justice
![handle is hein.journals/hilj26 and id is 290 raw text is: Harvard International Law Journal / Vol. 26
ing institutions and their bank managers with adequate discretion to
effect a bank's particular international lending criteria and to meet a
foreign obligor's particular lending needs.
Michael J. Schierl
INTERNATIONAL COURT OF JUSTICE-Interim Decision in the
Case Concerning Military and Paramilitary Activities in and Against
Nicaragua (Nicaragua v. United States), 1984 I.C.J. - (Interim
Protection Order of May 10, 1984), reprinted in 23 I.L.M. 468
(1984)
In an interim protection order of May 10, 1984, the International
Court ofJustice (ICJ or Court) demanded that the United States refrain
from any actions blocking or endangering access to Nicaraguan ports.
Although the Court postponed a final determination of its jurisdiction
over the dispute, the order may encourage states in future conflicts to
look to the International Court of Justice for protection from outside
military aggression.
Nicaragua, alleging aggressive actions by the United States, first
sought a political remedy in the United Nations Security Council. I
The United States anticipated that Nicaragua eventually would bring
its grievance before the ICJ. In a letter to the Court dated April 6,
1984, the United States attempted to modify its 1946 acceptance of
the Court's compulsory jurisdiction.2 The United States stated in the
letter that, for a period of two years, the United States would not
accede to the jurisdiction of the Court over disputes which arose in
Central America and involved the United States.' Undeterred, Nica-
1. The Security Council draft resolution, among other things, condemned and called for an
end to the mining of Nicaraguan ports, reaffirmed the right of Nicaragua and other states in
the region to be free of foreign intervention, and called on all states to cease carrying out or
supporting military activities against other states in the region. The measures did not mention
or condemn the United States by name. The U.S. vetoed the resolution. - U.N. SCOR
(2529th mtg.) at -, U.N. Doc. S/16463 (1984), reprinted in 23 I.L.M. 669 (1984).
2. The United States deposited a letter with the Secretary of the United Nations on August
26, 1946, T.I.A.S. 1598, 1 U.N.T.S. 9, accepting the compulsory jurisdiction of the ICJ. The
provisions concern the jurisdiction of the ICJ in all legal disputes involving: 1) the interpretation
of treaties; 2) questions of international law; 3) the existence of any fact which would constitute
a breach of an international obligation; and 4) the nature or extent of the reparations to be made
for the breach of an international obligation. Military and Paramilitary Activities in and against
Nicaragua (Nica. v. U.S.), 1984 I.C.J. - (Interim Protection Order of May 10), reprinted
in 23 I.L.M. 468, 471-74 (1984) [hereinafter cited as Military Activities against Nicaragua
(Nica. v. United States)].
3. Specifically, the letter states that the original U.S. acceptance of the compulsory jurisdiction
of the International Court of Justice shall not apply to disputes with any Central American
state or arising our of or related to events in Central America, any of which disputes shall be
settled in such manner as the parties to them may agree. The letter further stated that this
proviso shall take effect immediately and shall remain in force for two years. Letter from the
Secretary of State of the United States to the Office of U.N. Secretary-General, reprinted in 23
I.L.M. 670 (1984).](ViewImageLocal?handle=hein.journals/hilj26&div=19&collection=&method=preview&ext=.png&size=3)
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