Nicaragua V. United States - Third-party Interpretations

Third-party Interpretations

Professor of International Law, Anthony D'Amato, writing for the American Journal of International Law, Vol. 80, 1986, commented on this case, stating that "...law would collapse if defendants could only be sued when they agreed to be sued, and the proper measurement of that collapse would be not just the drastically diminished number of cases but also the necessary restructuring of a vast system of legal transactions and relations predicated on the availability of courts as a last resort. There would be talk of a return to the law of the jungle." The author also notes that the case resulted in an unusual candor. A month after the announced withdrawal, Secretary of State Shultz suggested, and President Reagan later confirmed in a press conference, that the goal of U.S. policy was to overthrow the Sandinista Government of Nicaragua (see N.Y. Times, Feb. 22, 1985, at A10, cols. 1, 3). Although this was what Nicaragua had alleged to be the U.S. goal, while the case was actively pending, the United States could not concede that goal without serious risk of undermining its litigating position.

Read more about this topic:  Nicaragua V. United States