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Has the International Court Exceeded Its Jurisdiction?
Reisman, W. Michael
Reisman, W. Michael
Abstract
OnJanuary 18, 1985, the United States notified the International Court of Justice of its withdrawal from the proceedings in the Case concerning Military and Paramilitary Activities in and against Nicaragua. In its notice, the United States alleged that "the Court lacks jurisdiction and competence." It contended that "the Court's decision of November 26, 1984, finding that it has jurisdiction, is contrary to law and fact." The allegation invokes a venerable tradition in international arbitration and adjudication about the consequences of the exercise of excess jurisdiction by an international tribunal.