The Republic of El Salvador Against the Republic of Nicaragua: Opinion and Decision of the Court |
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Common terms and phrases
affirmative by Judges Agadir Amapala Point argument Article belongs Central American Court Chamorro treaty claimed Clayton-Bulwer Treaty Conchagua Conchagüita concluded at Washington conclusion constitutional order convention coparcener Corn Island Cosigüina Point Costa Rica countries declaration El Salvador entrance exclusive ownership exercise fact Foreign Relations Galápagos Islands geographic Government of Nicaragua Gulf of Fonseca Gutiérrez Navas answered High Parties Litigant High Party Complainant High Party Defendant historic bays Honduras and Nicaragua imperium independence international law Judge Bocanegra answered Judge Gutiérrez Navas Judges Medal jurisdiction kilometers legal status littoral Magdalena Bay maintain marine league maritime Meanguera Meanguerita menace miles national security naval base negative by Judge Nicaraguan Government nineteen hundred pact Peace and Amity possessed principles protest Republic of Nicaragua Republics of Central Rosario Point Salvador and Nicaragua Salvadorean Foreign Office signatory sovereign sovereignty territorial sea three riparian tion Treaties of Washington Treaty of Peace United vessels Whereas wherein zone
Popular passages
Page 65 - We wish for no victories but those of peace ; for no territory except our own ; for no sovereignty except the sovereignty over ourselves. We deem the independence and equal rights -of the smallest and weakest member of the family of nations entitled to as much respect as those of the greatest empire, and we deem the observance of that respect the chief guaranty of the weak against the oppression of the strong. We neither claim nor desire any rights or privileges or powers that we do not freely concede...
Page 54 - States shall have the option of renewing for a further term of ninety-nine years the above leases and grants upon the expiration of their respective terms, it being expressly agreed that the territory hereby leased and the naval base which may be maintained under the grant aforesaid shall be subject exclusively to the laws and sovereign authority of the United States during the terms of such lease and grant and of any renewal or renewals thereof.
Page 79 - That the Government of Nicaragua is under the obligation - availing itself of all possible means provided by international law - to reestablish and maintain the legal status that existed prior to the Bryan-Chamorro Treaty between the litigant Republics in so far as relates to the matters considered in this section; Sixth.
Page 47 - Thus conditions of national and territorial integrity, of defense, of commerce and of industry are all vitally concerned with the control of the bays penetrating the national coast line.
Page 25 - Taking into consideration the geographic and historic conditions, as well as the situation, extent, and configuration of the Gulf of Fonseca, What is the international legal status of that gulf? The judges answered unanimously that it is an historic bay possessed of the characteristics of a closed sea.
Page 43 - It is clearly deducible from the facts set forth in the preceding paragraphs that the Gulf of Fonseca belongs to the special category of historic bays and is the exclusive property of El Salvador, Honduras and Nicaragua; this on the theory that it combines all the characteristics or conditions that the text writers on international law, the international law institutes and the precedents have prescribed as essential to territorial waters...
Page 49 - In your protest the position is taken that the Gulf of Fonseca is a territorial bay whose waters are within the jurisdiction of the bordering States. This position the Department is not disposed to controvert. This evidently implies an express recognition of the unequivocal claim of sovereignty set up by the three States that surround the Gulf. The Secretary of State could do no less than follow the traditional doctrine proclaimed by other representatives and statesmen of the great North American...
Page 61 - Nicaragua hereby leases for a term of ninetynine years to the Government of the United States the islands in the Caribbean Sea known as Great Corn Island and Little Corn Island...
Page 5 - ... maps of El Salvador, Honduras, and Nicaragua. Those maps show that the width of the Gulf's mouth proper is at most thirty-five kilometers, which, at one kilometer to 0.539 (five hundred and thirty-nine thousandths) of a nautical mile...