The ICJ judgment on <i>Nicaragua v Colombia</i> (2022): applying an established jurisdictional test or a problematic invention?

نویسندگان

چکیده

Abstract In April 2022, the ICJ pronounced its judgments on merits in Alleged Violations of Sovereign Rights and Maritime Spaces Caribbean Sea (Nicaragua v Colombia). While judgment makes interesting contributions to law sea jurisprudence, Court’s problematic finding jurisdiction ratione temporis is subject this paper. Applying what it refers as ‘continuity’ ‘connexity’ criteria, found that Colombia’s withdrawal from Pact Bogotá would not prevent considering facts submitted by Nicaragua which arose after ceased be force for Colombia. An in-depth analysis jurisprudence referred reveals Court was building convoluted cases, some have conflated questions admissibility. Based paper argues a more systematic approach dealing with preliminary issues arising new claims submissions.

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ژورنال

عنوان ژورنال: Journal of International Dispute Settlement

سال: 2023

ISSN: ['2040-3585', '2040-3593']

DOI: https://doi.org/10.1093/jnlids/idad009