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1 Introduction

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Chapter Summary

Commenting during the Second World War on previous experience of international adjudication, Judge Hudson noted that in the main the scope of the judicial process in international affairs had been confined to disputes that had not commanded the first attention of politicians and had not engrossed the public mind. The measure of the difference between arbitration as a form of the pacific settlement of disputes leading to binding decision by disinterested third parties applying judicial or quasi-judicial techniques and judicial settlement by the International Court lies in the existence of this latter as a permanent and pre-constituted institution. In this chapter two separate factors are distinguished. One is the skilful diplomatic use made by Nicaragua of potentialities open to it under the Charter. The other factor is the manner in which the Court faced this unusual invocation of its facilities.

Keywords: judicial settlement; Nicaragua; Security Council

10.1163/ej.9789004139589.i-1892.7
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