The Republic of El Salvador Against the Republic of Nicaragua: Opinion and Decision of the CourtPress of Gibson Bros., Incorporated, 1917 - 83 strani |
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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
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Stran 58 - 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.
Stran 83 - 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.
Stran 51 - 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. This interest varies, speaking generally in proportion to the penetration inland of the bay...
Stran 77 - ... the constitutional organization in any of them is to be deemed a menace to the peace of said republics, whether it proceed from any public power or from the private citizens.
Stran 29 - 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.
Stran 47 - 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...
Stran 4 - Resolved that when any harbor or other place in the American continents is so situated that the occupation thereof for naval or military purposes might threaten the communications or the safety of the United States, the Government of the United States could not see, without grave concern, the possession of such harbor or other place by any corporation or association which has such a relation to another Government, not American, as to give that Government practical power of control for national purposes.
Stran 53 - 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...
Stran 65 - 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...
Stran 12 - ... each to concur with all or any of the Central American States in the organization of a common national government; that the Constitution of Nicaragua, although in its second article it provides that the public capital powers may not enter into pacts or treaties that are opposed to the independence and integrity of the nation or which in any way affect its sovereignty, excludes from that rule pacts or treaties that "tend toward union with one or more of the Republics of Central America.