United States Experience at the International Court of Justice (From International Court of Justice at a Crossroads, P 403-422, 1987, Lori Fisler Damrosch, ed. -- See NCJ-122854)

• NCJ Number: 122870
• Author(s): A D'Amato; M E O'Connell
• Date Published: 1987
• Length: 20 pages
• Sale Source: Transnational Publisher Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This analysis of the International Court of Justice cases in which the United States has been involved concludes that the United States has received several tangible benefits from its participation both as an applicant and as a respondent in litigation and should not allow the negative outcome of the recent case involving Nicaragua to become the sole determinant of policy.

Abstract

The United States criticized Nicaragua for using the Court as a propaganda ploy in 1984, but the United States has itself brought several cases largely for their impact on world public opinion and seems to have found value in that approach to the international judicial process. In addition, even as the respondent to litigation the United States fared relatively well before the Nicaragua case, in which the non-participation of the United States had a prejudicial effect on the outcome. The United States would be able to make even more effective use of the Court as an applicant for litigation if it developed a new statement of acceptance that omitted the Connally Reservation, which provides a way to escape the Court's compulsory jurisdiction. Such an approach would renew the longstanding support of the United States for international adjudication of disputes. 70 references.