Abstract
In the view of the Court, an act cannot be said to be one calculated to deprive a treaty of its object and purpose, or to impede its due performance, if the possibility of that act has been foreseen in the treaty itself, and it has been expressly agreed that the treaty “shall not preclude” the act, so that it will not constitute a breach of the express terms of the treaty. Accordingly, the Court cannot entertain either the claim of Nicaragua alleging conduct depriving the treaty of its object and purpose, or its claims of breach of specific articles of the treaty, unless it is first satisfied that the conduct complained of is not “measures ... necessary to protect” the essential security interests of the United States.
Military and Paramilitary Activities (Nicaragua/United States of America) Merits. J. 27.6.1986 I.C.J. Reports 1986, p. 14
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© 1993 Springer-Verlag Berlin Heidelberg
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Hofmann, R., Kokott, J., Oellers-Frahm, K., Oeter, S., Zimmermann, A. (1993). Violations of International Law and Responsibility of States. In: World Court Digest. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-662-37779-6_8
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DOI: https://doi.org/10.1007/978-3-662-37779-6_8
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