Due to a United States’ multilateral treaty reservation, the Court could not rely on the United Nations Charter and was compelled to base its findings in relation to the use of force customary and general principles of international law. As a result, the Nicaragua case developed a significant jurisprudence on customary international law relating to (1) the use of force and non-intervention, (2) elements necessary to form customary international law, and (3) the relationship between customary and treaty law.
Background: During its sixty-fourth session, in 2012, the International Law Commission (ILC) decided to place the topic “Formation and evidence of customary international law” on its current programme of work, and appointed Michael Wood as Special Rapporteur. In his first report, Michael Wood outlined his proposed contribution. He discussed earlier work of the ILC onContinue reading “ILC issues first report on customary international law”