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Edgardo Sobenes Obregon
Benjamin Samson Editors

Nicaragua
Before the
International
Court of Justice
Impacts on International Law
Nicaragua Before the International Court of Justice
Edgardo Sobenes Obregon • Benjamin Samson
Editors

Nicaragua Before the

International Court of Justice
Impacts on International Law
Editors
Edgardo Sobenes Obregon Benjamin Samson
Embassy of Nicaragua in The Hague University Paris Nanterre
The Netherlands Paris, France

ISBN 978-3-319-62961-2 ISBN 978-3-319-62962-9 (eBook)

DOI 10.1007/978-3-319-62962-9

Library of Congress Control Number: 2017953960

© Springer International Publishing AG 2018

This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of
the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations,
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The use of general descriptive names, registered names, trademarks, service marks, etc. in this
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from the relevant protective laws and regulations and therefore free for general use.
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Editors’ Note and Acknowledgements

At the very beginning the idea behind the preparation of this book was to com-
memorate the 30th Anniversary of the 1986 Judgment in the case concerning
the Military and Paramilitary Activities in and against Nicaragua (Nicaragua v.
United States of America). However, it became obvious that the contributions
embodied in the jurisprudence of the cases to which Nicaragua has been a party
extend well beyond the case against the United States, which is why it was decided
that the approach should be general.
Until now, the general contributions of the Nicaraguan cases had not been put
together in a single book nor have they been analyzed with a thematic approach and
according to their procedural, jurisdictional, or substantive nature. Evidently,
14 cases and more than 30 years of jurisprudence cannot be limited to a single
volume. For this reason, Nicaragua before the International Court of Justice aims at
identifying and discussing findings of the ICJ which constitute contributions to the
development of international law and on which other courts and tribunals, interna-
tional and national, international organisations and States have later sought support.
We are confident that it fulfills this objective and will provide useful material to
students, scholars, and practitioners of international law. This book should further
be considered as an invitation to continue with the analysis and the dissemination of
Nicaragua’s contributions to international law through its commitment to interna-
tional justice.
We would like to express our deep gratitude to the contributors for their
participation in the process of reflection, analysis, and writing of the legal issues
addressed in this book, as well as for their patience and understanding during the
editing process. The views and opinions expressed in this book are those of the
contributors and do not necessarily reflect the views and opinions of the Republic of
Nicaragua. We would also like to deeply thank Ms. Tessa Barsac, who, with her
help and support, made possible the completion of the book.

v
vi Editors’ Note and Acknowledgements

Finally, we wish to dedicate this book to all States, which, like Nicaragua, are
committed to international justice and to all scholars and practitioners of interna-
tional law, especially to those that through the years have been permanent pillars in
the defense of international law.

The Hague, The Netherlands Edgardo Sobenes Obregon

Paris, France Benjamin Samson
Chronological List of Cases of Nicaragua Before
the International Court of Justice

1958: Arbitral Award Made by the King of Spain

on 23 December 1906 (Honduras v. Nicaragua)

Judges Ad Hoc Ago, Urrutia Holguin1

1 July 1958 Application instituting proceedings

5 January 1959 Memorial of Honduras
5 May 1959 Counter-Memorial of Nicaragua
3 August 1959 Reply of Honduras
4 January 1960 Rejoinder of Nicaragua
15 September to 11 October 1960 Oral Arguments
Judgment of 18 November 1960

1984: Military and Paramilitary Activities in and Against

Nicaragua (Nicaragua v. United States of America)

Judge Ad Hoc Colliard

9 April 1984 Application instituting proceedings

1
Judges Ad hoc included in this chronological list are those reflected in the Judgments
of the Merits of each case. In regard to the Judges Ad hoc of the pending cases, the Judges are
those appointed by the Parties at the date of publication of this book.

vii
viii Chronological List of Cases of Nicaragua Before the International Court of Justice

Provisional Measures
9 April 1984 Request for the Indication of Provisional Measures of Protection filed
by Nicaragua
25 and 27 April 1984 Oral Arguments
Order of 10 May 1984

Questions of Jurisdiction and/or Admissibility

30 June 1984 Memorial of Nicaragua
17 August 1984 Counter-Memorial of the United States of America
8 to 18 October 1984 Oral Arguments
Judgment of 26 November 1984

Declaration of Intervention
15 August 1984 Declaration of Intervention of El Salvador (Article 63 of the Statute)
10 September 1984 Written Observations on the Declaration of Intervention
(Nicaragua, United States of America)
Order of 4 October 1984

Merits
30 April 1985 Memorial of Nicaragua
12 to 20 September 1985 Oral Arguments
Judgment of 27 June 1986

Reparation
29 March 1988 Memorial of Nicaragua
Order of 26 September 1991 (Removal from list)

1986: Border and Transborder Armed Actions (Nicaragua v.

Costa Rica)

28 July 1986 Application instituting proceedings

10 August 1987 Memorial of Nicaragua
12 August 1987 Request for discontinuance
Order of 19 August 1987 (Removal from list)
Chronological List of Cases of Nicaragua Before the International Court of Justice ix

1986: Border and Transborder Armed Actions (Nicaragua

v. Honduras)

28 July 1986 Application instituting proceedings

Provisional Measures
21 March 1988 Request for the Indication of Provisional Measures filed by
Nicaragua and letter notifying the withdrawal of the request
Order of 31 March 1988 (Withdrawal of Request for the indication of Provisional
Measures)

Questions of Jurisdiction and/or Admissibility

23 February 1987 Memorial of Honduras
22 June 1987 Counter-memorial of Nicaragua
6 to 15 June 1988 Oral Arguments
Judgment of 20 December 1988
Order of 27 May 1992 (Removal from list)

1986: Land, Island and Maritime Frontier Dispute

(El Salvador/Honduras: Nicaragua Intervening)

Judges Ad Hoc Valticos, Torres Bern

ardez

Intervention
17 November 1989 Application for Permission to Intervene by the Government of
Nicaragua
8 January 1990 Written Observations of El Salvador
15 January 1990 Written Observations of Honduras
Order of 28 February 1990
5 to 8 June 1990 Oral Arguments
Judgment of 13 September 1990

Merits
Judgment of 11 September 1992
x Chronological List of Cases of Nicaragua Before the International Court of Justice

1999: Territorial and Maritime Dispute Between Nicaragua

and Honduras in the Caribbean Sea (Nicaragua v.
Honduras)

Judges Ad Hoc Torres Bern

andez, Gaja

8 December 1999 Application instituting proceedings

21 March 2001 Memorial of Nicaragua
21 March 2002 Counter-Memorial of Honduras
13 January 2003 Reply of Nicaragua
13 August 2003 Rejoinder of Honduras
5 to 23 March 2007 Oral Arguments
Judgment of 8 October 2007

2001: Territorial and Maritime Dispute (Nicaragua v.

Colombia)

Judges Ad Hoc Mensah, Cot

6 December 2001 Application instituting proceedings

Preliminary Objections
21 July 2003 Preliminary Objections of Colombia
26 January 2004 Written Statement of Nicaragua
4 to 8 June 2007 Oral Arguments
Judgment of 13 December 2007

Application for Permission to Intervene

25 February 2010 Application for Permission to Intervene by Costa Rica
26 May 2010 Written Observations of Nicaragua and Colombia
10 June 2010 Application for Permission to Intervene by Honduras
2 September 2010 Written Observations of Nicaragua and Colombia
11 to 22 October 2010 Oral Arguments
Judgments of 4 May 2011

Merits
28 April 2003 Memorial of Nicaragua
11 November 2008 Counter-Memorial of Colombia
18 September 2009 Reply of Nicaragua
18 June 2010 Rejoinder of Colombia
23 April to 4 May 2012 Oral Arguments
Judgment of 19 November 2012
Chronological List of Cases of Nicaragua Before the International Court of Justice xi

2005: Dispute Regarding Navigational and Related Rights

(Costa Rica v. Nicaragua)

Judge Ad Hoc Guillaume2

29 September 2005 Application instituting proceedings

29 August 2006 Memorial of Costa Rica
27 May 2007 Counter-memorial of Nicaragua
15 January 2008 Reply of Costa Rica
15 July 2008 Rejoinder of Nicaragua
2 to 12 March 2009 Oral Arguments
Judgment of 13 July 2009

2010: Certain Activities Carried Out by Nicaragua

in the Border Area (Costa Rica v. Nicaragua)

Judges Ad Hoc Guillaume, Dugard

18 November 2010 Application instituting proceedings

Provisional Measures
18 November 2010 Request by Costa Rica for the Indication of Provisional Measures
11 to 13 January 2011 Oral Arguments
Order of 8 March 2011
23 May 2013 Request by Costa Rica for the modification of the Court’s Order
indicating provisional measures
14 June 2013 Written observations of Nicaragua and Request by Nicaragua for the
modification of the Order in light of the joinder of the proceedings in the two cases
20 June 2013 Written observations of Costa Rica on Nicaragua’s Request for the
modification of the Court’s Order indicating provisional measures in the Costa
Rica v. Nicaragua case
Order of 16 July 2013
24 September 2013 Request by Costa Rica for the Indication of new Provisional
Measures
14 to 17 October 2013 Oral Arguments
Order of 22 November 2013

2
Costa Rica chose H.E. Judge Antônio Cançado Trindade. Mr. Cançado Trindade
was subsequently elected as a Member of the Court and Costa Rica informed the Court that it
had decided not to choose a new judge ad hoc.
xii Chronological List of Cases of Nicaragua Before the International Court of Justice

Merits and Counter-claims

5 December 2011 Memorial of Costa Rica
6 August 2012 Counter-Memorial of Nicaragua (including counter-claims)
30 November 2012 Written observations of Costa Rica on the admissibility of
Nicaragua’s counter-claims
30 January 2013 Written observations of Nicaragua on the admissibility of its
counter-claims
Order of 17 April 2013 (Joinder of proceedings)
Order of 18 April 2013 (Counter-claims)
14–29 April 2015 Oral Arguments
Judgment of 16 December 2015

2011: Construction of a Road in Costa Rica Along the San

Juan River (Nicaragua v. Costa Rica)

Judges Ad Hoc Guillaume, Dugard

21 December 2011 Application instituting proceedings

Provisional Measures
11 October 2013 Request by Nicaragua for the Indication of Provisional Measures
Order of 13 December 2013 Request by Nicaragua for the Indication of Provi-
sional Measures

Merits
19 December 2012 Memorial of Nicaragua
19 December 2013 Counter-Memorial of Costa Rica
Order of 17 April 2013 Joinder of proceedings
4 August 2014 Reply of Nicaragua
2 February 2015 Rejoinder of Costa Rica
14–29 April 2015 Oral Arguments
Judgment of 16 December 2015
Chronological List of Cases of Nicaragua Before the International Court of Justice xiii

PENDING CASES BEFORE THE INTERNATIONAL

COURT OF JUSTICE.

2013: Question of the Delimitation of the Continental Shelf

Between Nicaragua and Colombia Beyond 200 Nautical
Miles from the Nicaraguan Coast (Nicaragua v. Colombia)

Judges Ad Hoc Skotnikov, Brower

16 September 2013 Application instituting proceedings

Preliminary Objections
14 August 2014 Preliminary Objections of Colombia
19 January 2015 Written Statement of Nicaragua
5 to 9 October 2015 Oral Arguments
Judgment of 17 March 2016

Merits
28 September 2016 Memorial of Nicaragua
28 September 2017 Counter-Memorial of Colombia

2013: Alleged Violations of Sovereign Rights and Maritime

Spaces in the Caribbean Sea (Nicaragua v. Colombia)

Judges Ad Hoc Daudet, Caron

26 November 2013 Application instituting proceedings

Preliminary Objections
19 December 2014 Preliminary Objections of Colombia
20 April 2015 Written Statement of Nicaragua
28 September to 2 October 2015 Oral Arguments
Judgment of 17 March 2016

Merits
3 October 2014 Memorial of Nicaragua
17 November 2016 Counter-Memorial of Colombia
xiv Chronological List of Cases of Nicaragua Before the International Court of Justice

2014: Maritime Delimitation in the Caribbean Sea

and the Pacific Ocean (Costa Rica v. Nicaragua)

Judges Ad Hoc Simma, Al-Khasawneh

25 February 2014 Application instituting proceedings

Order of 02 February 2017 Joinder of proceedings
3 February 2015 Memorial of Costa Rica
9 December 2015 Counter-Memorial of Nicaragua
3–14 July 2017 Oral Arguments

2017: Land Boundary in the Northern Part of Isla Portillos

(Costa Rica v. Nicaragua)

Judges Ad Hoc Simma, Al-Khasawneh

16 January 2017 Application instituting proceedings

Order of 02 February 2017 Joinder of proceedings
2 March 2017 Memorial of Costa Rica
18 April 2017 Counter-Memorial of Nicaragua
3–14 July 2017 Oral Arguments
Contents

Part I Introduction
Introduction from the Bench . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Mohammed Bedjaoui
Introduction from the Podium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Alain Pellet

Part II Evidentiary Matters

Nicaragua v. United States and Matters of Evidence Before the
International Court of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Paul S. Reichler and Yuri B. Parkhomenko

Part III The Nicaraguan Sagas Before the International Court

of Justice (Overviews)
The Nicaragua v. United States Case: An Overview of the Epochal
Judgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Fernando Lusa Bordin
The Saga of the 1858 Treaty of Limits: The Cases Against
Costa Rica . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Daniel Müller
The Territorial and Maritime Dispute (Nicaragua v. Colombia) and Its
Implications for Future Maritime Delimitations in the Caribbean Sea
and Elsewhere . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Lawrence H. Martin and Yuri B. Parkhomenko

xv
xvi Contents

Part IV Jurisdictional Issues in the Nicaraguan Cases

The Pact of Bogotá in the Jurisprudence of the International Court
of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Antonio Remiro Brotóns
Nicaragua’s Impacts on Optional Clause Practice . . . . . . . . . . . . . . . . . 179
Brian McGarry

Part V Substantive Issues in the Nicaraguan Cases

Nicaragua in the International Court of Justice and the Law
of Treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
Antonios Tzanakopoulos and Anna Ventouratou
Customary Law, General Principles, Unilateral Acts . . . . . . . . . . . . . . . 247
Malgosia Fitzmaurice
Customary Principle of Sovereignty of States in the Nicaragua Case . . . 269
Vaughan Lowe
The Law of State Responsibility in the Nicaraguan Cases . . . . . . . . . . . 281
Benjamin Samson and Tessa Barsac
The Use of Force in the Nicaraguan Cases . . . . . . . . . . . . . . . . . . . . . . . 305
William Schabas
International Law of the Sea and the Nicaraguan Cases . . . . . . . . . . . . 327
Donald R. Rothwell
Environmental Law and Freshwater Ecosystems . . . . . . . . . . . . . . . . . . 347
Stephen C. McCaffrey

Part VI Procedural Issues in the Nicaraguan Cases

Intervention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
Alina Miron
Provisional Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397
Hugh Thirlway
Joinder of Cases: Strengthening the Sound Administration of Justice
and the Judicial Economy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413
Edgardo Sobenes Obregon

Part VII Conclusions

Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429
Pierre d’Argent

Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 433
Contributors

Tessa Barsac University of Paris Nanterre, Nanterre, France

University of Leiden, Leiden, The Netherlands
Mohammed Bedjaoui Insitut de Droit International, Geneva, Switzerland
Fernando Lusa Bordin Faculty of Law and Lauterpacht Centre for International
Law, Sidney Sussex College, University of Cambridge, Cambridge, UK
Pierre d’Argent University of Louvain, Louvain, France
Malgosia Fitzmaurice Department of Law, Queen Mary, University of London,
London, UK
Vaughan Lowe Essex Court Chambers, London, UK
Lawrence H. Martin Foley Hoag LLP, Washington, DC, USA
Stephen C. McCaffrey McGeorge School of Law, University of the Pacific,
Sacramento, CA, USA
Brian McGarry The Graduate Institute of International and Development
Studies, Geneva, Switzerland
Alina Miron University of Angers, Angers, France
uller Avocat à la Cour, Docteur en droit, Paris, France
Daniel M€
Yuri B. Parkhomenko Foley Hoag LLP, International Litigation and Arbitration
Department, Washington, DC, USA
Alain Pellet University of Paris Nanterre, Nanterre, France
Paul S. Reichler International Litigation and Arbitration Department, Foley Hoag
LLP, Washington, DC, USA

xvii
xviii Contributors

Antonio Remiro Brotóns Public International Law and International Relations,

Universidad Autónoma de Madrid, Madrid, Spain
Donald R. Rothwell ANU College of Law, Acton, ACT, Australia
Benjamin Samson University Paris Nanterre, Paris, France
George Washington University Law School, Washington, DC, USA
William Schabas Middlesex University, London, UK
Leiden University, Leiden, The Netherlands
National University of Ireland, Galway, Ireland
Edgardo Sobenes Obregon Institute of Law and Economics, ISDE and Univer-
sity of Barcelona, Barcelona, Spain
Embassy of Nicaragua in The Hague, The Hague, The Netherlands
Universidad Centro Americana UCA, Managua, Nicaragua
University of Leiden, Leiden, The Netherlands
Hugh Thirlway The Hague, Netherlands
Antonios Tzanakopoulos Faculty of Law, St Anne’s College, University of
Oxford, Oxford, UK
Anna Ventouratou St Catherine’s College, University of Oxford, Oxford, UK
University of Athens, Athens Public International Law Research Centre, Athens,
Greece
List of Abbreviations

AFDI Annuaire français de droit international

AIDI Annuaire de l’Institut de Droit international
AJIL American Journal of International Law
Arb Int Arbitration International
ASIL American Society of International Law
Austrian Rev Int Eur Law Austrian Review of International and European
Law
AYbIL Austrian Yearbook of International Law
BFSP British and Foreign State Papers
Boston Coll Int Comp Law Boston College International and Comparative
Rev Law Review
BYbIL British Yearbook of International Law
Camb J Int Comp Law Cambridge Journal of International and
Comparative Law
CIA Central Intelligence Agency
CLCS Commission on the Limits of the Continental Shelf
Collect Course Hague Acad Collected Courses of The Hague Academy of
Int Law International Law
Columbia J Transnatl Law Columbia Journal of Transnational Law
CUP Cambridge University Press
ECCC Extraordinary Chambers in the Courts of
Cambodia
ECHR European Courts of Human Rights
EIoP European Integration online Papers
EJIL European Journal of International Law
GATT General Agreement on Tariffs and Trade
GYbIL German Yearbook of International Law
Hague YbIL Hague Yearbook of International Law
Harv Int Law J Harvard International Law Journal
Harv J Law Public Policy Harvard Journal of Law and Public Policy
Harv Law Rev Harvard Law Review
xix
xx List of Abbreviations

Houst JIL Houston Journal of International Law

Hum Rights Law Rev Human Rights Law Review
IACHR Inter-American Court of Human Rights
IAJC Inter-American Juridical Committee
ICJ International Court of Justice
ICLQ International and Comparative Law Quarterly
ICSID International Centre for Settlement of Investment
Disputes
ICTR International Criminal Tribunal for Rwanda
ICTY International Criminal Tribunal for the former
Yugoslavia
ILC International Law Commission
ILM International Legal Materials
ILR International Law Reports
Int J Mar Coast Law International Journal of Marine and Coastal Law
ITLOS International Tribunal for the Law of the Sea
JIDS Journal of International Dispute Settlement
J Use Force Int Law Journal on the Use of Force and International Law
KAV KAV Agreements
LJIL Leiden Journal of International Law
LPICT Law and Practice of International Courts and
Tribunals
LNTS League of Nations Treaty Series
Max Planck Yb UN Law Max Planck Yearbook of United Nations Law
Melb JIL Melbourne Journal of International Law
Mich JIL Michigan Journal of International Law
MPEPIL Max Planck Encyclopedia of International Law
NILR Netherlands International Law Review
Nordic JIL Nordic Journal of International Law
NYbIL Netherlands Yearbook of International Law
OAS Organization of American States
OED Oxford English Dictionary
OUP Oxford University Press
Oxf J Leg Stud Oxford Journal of Legal Studies
PCA Permanent Court of Arbitration
PCIJ Permanent Court of International Justice
Rev Esp Der Int Revista española de derecho internacional
Rev Law Econ Review of Law and Economics
RGDIP Revue générale de droit international public
RIAA Reports of International Arbitral Awards
SCSL Special Court for Sierra Leone
SFDI Société française pour le droit international
SNLF Sandinista National Liberation Front (FSLN)
STL Special Tribunal for Lebanon
List of Abbreviations xxi

TIAS Treaties and other International Acts Series

Tx Int Law J Texas International Law Journal
UN United Nations
UNCLOS United Nations Convention on the Law of the Sea
UNGA United Nations General Assembly
UNSC United Nations Security Council
UNTS United Nations Treaty Series
Va Law Rev Virginia Law Review
VCLT Vienne Convention on the Law of Treaties
WTO World Trade Organization
Yale Law J Yale Law Journal
Yale JIL Yale Journal of International Law
YbILC Yearbook of the International Law Commission
ZaöRV Zeitschrift für ausländisches öffentliches Recht
und Völkerrecht
 Part I
Introduction
Introduction from the Bench
The Fourteen Journeys of Nicaragua to The Hague

Mohammed Bedjaoui

Abstract One must be grateful to those who had the fruitful idea of devoting a
publication to a retrospective of all the cases decided by the International Court of
Justice to which Nicaragua has been a Party. Nicaragua offered the Court the
opportunity to pronounce on virtually all international law, including its most
important principles and rules, and to draw up a rich body of case-law, the
soundness and utility of which are attested by the consistency with which the
Court refers to them in its decisions. The small Latin-American State has further
helped restoring the confidence of States in the Court by filing in 1984 its case
against the United States.

One must be grateful to those who had the fruitful idea of devoting a publication to
a retrospective of all the cases decided by the International Court of Justice to which
Nicaragua has been a Party either as Applicant or as Respondent. Not because that
State is, by the number of cases, the first ‘client’ of the Court. The first ‘client’, often
against its will, is undoubtedly the United States of America with, as of today,
twenty-three cases before the Court. The second ‘clients’ are the United Kingdom
and France, which have participated in fourteen cases each.
Recently Nicaragua has joined the two latter States with fourteen cases. This
figure, however, remains very appreciable in itself.1 But the striking feature is the
fact that these cases concerning Nicaragua are among the richest litigations decided
by the International Court of Justice. Nicaragua thus enjoys the rare privilege of
having offered the Court the opportunity to pronounce on virtually all international
law and, in particular, to apply its most important principles and rules. In the cases
involving Nicaragua, the Court was thus able to draw up a rich body of case-law,

Disclaimer: The views and opinions expressed in this chapter are those of the author and do not
necessarily reflect the views and opinions of the International Court of Justice.
1
Just after Nicaragua, Serbia follows with ten cases, Germany, Belgium and Colombia with seven
cases each, Democratic Republic of the Congo, Costa Rica, Honduras and Libya with six cases
each, and Australia and India with five cases each.

M. Bedjaoui (*)
Insitut de Droit International, Geneva, Switzerland
e-mail: mohabedj@yahoo.com

© Springer International Publishing AG 2018 3

E. Sobenes Obregon, B. Samson (eds.), Nicaragua Before the International Court
of Justice, DOI 10.1007/978-3-319-62962-9_1
4 M. Bedjaoui

the soundness and utility of which are attested by the consistency with which the
Court refers to them in its decisions.

* *

Some States have an excessive tendency to perceive international judicial

settlement as an attack on their sovereignty, for which they are always on the
alert. This can be demonstrated by the fact that, today, only one third of States have
accepted the Optional Clause on compulsory jurisdiction. If, moreover, one takes
into account the nature of the political regime in place in the 1980s in Nicaragua,
one wonders how a markedly left-wing Sandinista power could play the interna-
tional justice card with so much perseverance. Neither the composition of the
International Court of Justice nor the applicable law borrowed anything from
revolutionary theories of governance. Cuba never seized the International Court
of Justice when it considered itself threatened by the United States.
Managua’s recourse to international judicial settlement no doubt reflects the
simple reality of the absence of any other accessible option for Nicaragua. The
referral to the International Court of Justice was probably made by a few men who
believed in the virtues of international judicial settlement as one of the means of
obtaining justice and restoring peace. If this hypothesis is correct, we must undoubt-
edly mention among these lucid men the Ambassador Carlos Argüello Gomez.
I remember this young man, who had already been appointed Ambassador of his
country to the Kingdom of the Netherlands and Agent before the International Court
of Justice. According to his colleagues—including Ambassadors of the Maghreb
States, whom I met during cocktails in the ‘social life’ of the Dutch ‘diplomatic
capital’—he was, whatever the circumstances, calm to the point of placidity.
Reflective and coolly determined in his objectives, he used his words sparingly so
that each would make an impression. He once outlined for these Ambassadors the
underlying reason for Nicaragua’s use of the Court. His country considered it very
important that the United States be condemned by the Court, an institution whose
establishment the United States had strongly supported. It was somehow a ‘self-
sanction’ of the United States by an organ that was not at all foreign to them.
Ambassador Argüello seemed to be well acquainted with the jurisprudence of the
International Court of Justice. He knew that this high court had begun its mission of
contributing to the maintenance of world peace by rendering its resounding Judgment
in the Corfu Channel case, in which it did not hesitate to criticize the actions directed
against a small State, Albania, by the world’s former maritime power, the United
Kingdom. Ambassador Argüello had the right to dream that the same high court could
repeat this feat four decades later by condemning the world’s leading power, the
United States, for its activities and those of its allies against another State, Nicaragua.
This young Ambassador-Agent served admirably the cause which he defended
before the Court. One could fear that his age would betray him in the face of the
overwhelming responsibility of his mission and especially against his more expe-
rienced opponents. That did not happen, and it provoked great admiration among
Introduction from the Bench 5

some and the astonishment of all when on the streets of The Hague were heard some
juicy stories in which he tricked ‘shadow agents’ who projected to ‘turn him’
against his own country.
On this point, Nicaragua and Ambassador Argüello himself unquestionably gained
points by adding to the Nicaraguan legal team a well-respected American lawyer who
was considered a great celebrity on the other side of the Atlantic. It was Abram
Chayes, who was the former Principal Legal Adviser of the State Department. The
Nicaraguan team then distinguished itself by introducing as an oral witness another
American, David MacMichael, a former agent of the CIA, who had participated in
the activities against Nicaragua and who answered before us all questions with
an impressive mastery of circumstances and a sharp and admirable sense of nuance.

* *

In 1984, the International Court of Justice was presided over by Judge Taslim
Olawele Elias of Nigeria, a solitary man of strong character. It was his last mission
before disappearing from our world. I myself had recently arrived at the Court,
which I had joined after completing my mission as Ambassador of my country to
the United Nations in New York. I came to The Hague with some strong impres-
sions of the functioning of the international system as seen through the Glass
Building of the United Nations. Our judicial institution included some great
names in international law, such as Manfred Lachs, Roberto Ago, Sir Robert
Jennings and José Maria Ruda. It was also fortunate to have Judge Guy Ladreit
de Lacharrière among its members. As the concern for the confidentiality of
deliberations dictates, there is no need to say anything further about him.
Having set the judicial scene, let us turn to Nicaragua’s arrival.

* *

It was on 9 April 1984 that Nicaragua knocked for the first time at the door of the
International Court of Justice. It was by the Judgment of 26 November 1984 in
which the Court found by 15 votes to 1 that it had jurisdiction and unanimously that
Nicaragua’s claims were admissible, and by the Judgment of 27 June 1986 on the
Merits that the small underdeveloped country triumphed over the leading world
power. Through these two decisions, the impressive and fruitful activity of Nica-
ragua before the Court has profoundly marked the course of legal thought. They are
undoubtedly landmarks in international jurisprudence. More generally, with over
numerous cases in which Nicaragua appeared before the Court, the high interna-
tional court had to discuss most issues of international law.
To limit oneself to the Judgment of 27 June 1986, one notes that it constitutes by
its rich content as much as by its volume of 532 pages (if one includes the opinions
of the Judges) a true and massive handbook of international law. It deals with most
6 M. Bedjaoui

of the principles and rules governing this field, including the principle of the
prohibition of the use of force, individual and collective self-defense, the concept
of armed aggression, the principle of non-interference in the internal affairs of a
State, the sources of international law and the differences between treaty and
custom, the international responsibility of States, not to mention questions of
evidence. In reading the Court’s positions on the notion of aggression or armed
attack, readers should also read the 1998 Rome Statute, which established the
International Criminal Court, noting at each step of the reading all that this Statute
owes to the clarification given by the International Court of Justice in its 1986
Judgment, which remains a remarkable landmark in the development of law on the
use of force. We should like to thank Professor William Schabas for all his
reflections on these various topics, of which he is a great goldsmith.

* *

The book which we are going to read presents a thorough panorama of all these
questions and of many others which the Court has encountered in its treatment of
the numerous cases concerning Nicaragua. Some of these problems—and, to begin
with, the conditions of the Court’s jurisdiction—will be mentioned below.
With regard to the Optional Clause on compulsory jurisdiction, Nicaragua
offered the Court a dual opportunity to clarify certain aspects. We will read with
interest the chapter devoted to this subject by Mr. Brian McGarry.
It is known that the Parliament of Nicaragua approved in 1935 a declaration of
acceptance of the jurisdiction of the Court, and that for this purpose the Nicaraguan
Minister of Foreign Affairs had addressed to the League of Nations in Geneva a
telegram which was apparently never received by its addressee. However, the
Yearbook of the Court regularly included Nicaragua in the list of States admitting
the compulsory jurisdiction of the Court with a footnote presenting the facts, which
were never questioned by anyone.
By analogy to the law of the treaties, the Court recognized the right to withdraw
in good faith such declaration or to modify it, like any unilateral act of a State.
As for the Optional Clause declaration deposited by the United States on
14 August 1946, it included a provision concerning its denunciation, taking effect
after a 6-month notice period. When it found that Nicaragua was about to file an
application with the Court against it, the United States tried to modify its declara-
tion on 6 April 1984, 3 days before Nicaragua’s Application. The letter, signed by
Secretary of State George Schulz, specified that the declaration of the United States
was no longer applicable to cases concerning Central America and that the modi-
fication would take effect immediately. As foreseen, on 9 April 1984, Nicaragua
instituted proceedings against the United States.
The Court refused the immediate withdrawal of the United States, referring to
the notion of ‘reasonable’ time borrowed from the law of treaties and required by
good faith.
Introduction from the Bench 7

* *

The American Treaty on Pacific Settlement, more commonly referred to as the

‘Pact of Bogota’, has fostered the Court’s well-furnished case-law on its application
and interpretation. One must be grateful to Nicaragua for its pioneering role in
pushing the Court through all the cases in which it had been involved to examine the
Pact in many of its aspects and, in particular, concerning the relationship between
its Article XXXI and the Optional Clause on compulsory jurisdiction.

* *

As Professor Antonio Remiro Brotons reminds us, the Pact has been examined
with constantly renewed attention. Invoked in the last 30 years no less than 15 times
out of a total of 18 disputes involving Latin American States, the Pact will have
been invoked 11 times in cases involving Nicaragua, 7 times in which it appeared as
Applicant and 4 times as a Respondent. The same author correctly noted the
characteristic that Nicaragua has never challenged the jurisdiction of the Court
(of course this is at least because seven times it was an Applicant seeking this
jurisdiction).

* *

The 1984 and 1986 Judgments have strengthened the Court’s jurisprudential
approach, marked by the absence of any excessive formalism in the handling of a
case. From this point of view, the Court has not lost sight of the fact that it is the
‘principal judicial organ’ of the United Nations, placed at the service of States to
settle their disputes. Since its creation, it has sought to accomplish its mission while
adhering to the work of the international organization by being faithful to its
vocation of helping States to find peace and harmony among themselves.
In this respect, the Court never considered that it was the cloistered and resigned
prisoner of the formalism which threatened to prevent it from reaching the just and
reasonable solution desired. There was undoubtedly reason to salute its lucidity and
its inventiveness when it recognized in 1949 the existence of the ‘international
personality’ of the United Nations, when it endowed in 1950 the General Assembly
with all the necessary competence for the admission of a State to the United
Nations, when it clarified in 1951 the legal force of reservations to the Convention
on the Prevention and Punishment of the Crime of Genocide, or finally when it
decided in 1962 that certain expenses in the Congo or for the United Nations forces
8 M. Bedjaoui

in the Middle East were indeed expenditures of the United Nations to be borne by
all Member States.
In its always serene and steady march to the service of the international com-
munity, the Court in its Advisory Opinion on the Legality of the Threat or Use of
Nuclear Weapons eloquently demonstrated to what degree of refinement and skill it
could go to serve the international organization to which it belongs—as well as the
international community as a whole, which it has the superior duty to protect.
If the practice of States creates international custom, the Court could also
reasonably recall that States which violate a legal principle always strive to assure
the international community that they do nothing but apply it. The Court then
interprets this lie—which is only a compliment which vice pays to virtue—as the
expression of an opinio juris, since even the States responsible for breaches of this
principle recognize its existence.
This secularization, in the noblest sense of the word, appears equally in the
exercise of the Court’s contentious function. I note from the 1970 Judgment in the
Barcelona Traction case, its obiter dicta concerning erga omnes obligations
imposed on States and which serve the international community as a whole. How
can I not also recall the resounding Judgments of 1984 and 1986 in Nicaragua
v. United States, where the Court broke so spectacularly with all paralyzing
formalism. Its 1986 Judgment on the Merits constitutes a textbook, or even a
great ‘handbook of customary international law’, which may be used to supplement
treaty law if need be.
Were there attempts to bar the Court’s first application of the Charter’s pro-
visions regarding the non-use of force and self-defense? Yes, but these were
useless. The Vandenberg Reservation had the ambition to block the Court’s roads
to the Charter, a multilateral treaty which the Respondent argued that the Court
could not interpret in the absence of all the other States Parties to that instrument.
The Court then proceeded to elegantly and powerfully circumvent this obstacle in
order to render a Judgment of fine architecture and exemplary legal rectitude.
The 1984 Judgment on Jurisdiction and Admissibility in that same case had also
not suffered from the morbid pallor that had been feared. Surely no remedy could
have been achieved with the limited tools of strict formalism. Deploying its
capacity to assert a dynamic and concrete vision of what is fair and reasonable,
the Court was able to welcome and validate the old declaration deposited by
Nicaragua concerning the Optional Clause on compulsory jurisdiction, though its
fate had uncertain.
In short, the Court was able to avoid being chained to the letter of the Charter or
to the shortcomings of international law. It knew how to give the latter the bright
colors of a true law of all nations. This great World Court, richly endowed today
with a legacy even more prestigious than I can tell, possesses the necessary
imagination to always serve this enlightened justice.
Perhaps the Court gave pride of place to a certain formalism, which it perceived
as fair, in the Libya/Chad Judgment of 1994 concerning the Aouzou Strip and in
that of East Timor in 1995. In the first case, it strictly adhered to the Franco-Libyan
Treaty of 1955 which delimited the zone and in the second it was equally strictly
Introduction from the Bench 9

focused on the absence of the ‘indispensable party’. It cannot, however, be argued

that it has definitively adhered to formalism during this period, since its jurispru-
dence also includes the Phosphates of Nauru Judgment of 1992, in which it
embraced greater flexibility.
It remains true, however, that in its Judgment of 27 June 1986 the Court refused
to consider the Contras—rebels opposed to the Nicaraguan government—as an
emanation of the United States. Such a position appears to be a step back from that
which it took 7 years earlier in the case concerning the American hostages in
Tehran, in which Iran was declared responsible for the acts of the Pasdaran.
Moreover, the Court did not take into account the fact that President Ronald
Reagan, referring to the Contras, had repeatedly stated that ‘their struggle is
ours’. While not denying the actions of the United States, the Court had sought
shelter in a certain formalism which enabled it to minimize them.

* *

The Court thus established a rather restrictive criterion for the control of the
activities of the Contras. This control must be ‘effective’ to entail the international
responsibility of the United States. The International Criminal Tribunal for the
Former Yugoslavia, on the other hand, preferred a less stringent test in the Tadic´
case, considering that it was sufficient for the combatants to be under the ‘overall
control’ of a foreign State. Part of the academic world had then feared a ‘new
interpretation of international law of responsibility’ and regrettable discrepancies in
jurisprudence.
On the contrary, I think that one should welcome the ICTY’s decision. One must
not lose sight of a key element in the Nicaragua v. United States case. The United
States refused to appear before the Court at the Merits phase. If I have a piece of
advice to give to any Respondent State whose case would appear to be a little
difficult, I would not hesitate to recommend that it should take the side of
non-appearance, at the risk of losing the benefit of the fees that I would have
received if the State had appeared and if I had pleaded for it. In a situation of
non-appearance, it is almost consciously that the Court redoubles its vigilance,
protects the non-appearing State, and makes an exceptional effort to set imaginative
traps for the Applicant, which the defendant himself would not have considered. In
short, it seeks to mitigate the absence of the Respondent and to create a balance
between the Applicant and the non-appearing Respondent, so much so that it almost
substitutes itself for the latter against the former.
Thus, the Court went far in the ‘protection’ of the non-appearing State so that it
could not call into question its Judgment. That explains this rigid test of ‘effective
control’. In order to substantiate this explanation, which perhaps pertains to psy-
choanalysis of the judge’s behavior, I would confirm that I was myself a member of
the drafting committee in this case. We had wished to be very strict with regard to
the Applicant State, in order not to incur any reproach on the part of the
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Day Allen. © Harper and Row, Publishers, Inc.; 1Mar74 (in notice:
1973); MP25667.

MP25668.
Photodinesis: chloroplast movements in response to light. Harper
and Bow, Publishers, Inc. 6 min., si., color. Super 8 mm. in cartridge.
(Cells and cell processes) Appl. au: Robert Day Allen & Nina
Stromgren Allen. © Harper and Row, Publishers, Inc.; 1Mar74 (in
notice: 1973); MP25668.

MP25669.
Shuttle streaming in the slime mold Physarum polycephalum.
Harper and Row, Publishers, Inc. 6 min., si., color. Super 8 mm. in
cartridge. (Cells and cell processes) Appl. au: Robert Day Allen. ©
Harper and Bow, Publishers, Inc.; 31Mar74 (in notice: 1973);
MP25669.

MP25670.
Cytoplasmic streaming in green plants. Harper and Row,
Publishers, Inc. 6 min., si., color, Super 8 mm. in cartridge. (Cells
and cell processes) Appl. au: Robert Day Allen & Nina Stromgren
Allen. © Harper and Row, Publishers, Inc.; 4Jan74 (in notice: 1973);
MP25670.

MP25671.
The Wordworks, 8. Houghton Mifflin Company. 10 min., sd.,
color, 16 mm. © Houghton Mifflin Company; 27Jun74 (in notice:
1973); MP25671.

MP25672.
Countdown to air time—a test of leadership. Fisher Film Group. 14
min., sd., color, 16 mm. Appl. au: International Business Machines
Corporation. © International Business Machines Corporation,
alternate designation: IBM Corporation; 15Jul74; MP25672.

MP25673.
Profiles of achievement. Fisher Film Group. 15 min., sd., color, 16
mm. Appl. au: International Business Machines Corporation, ©
International Business Machines Corporation, alternate designation:
IBM Corporation; 15Jul74; MP25673.
MP25674.
The Ripple effect. A Gittelman Film Associates, Inc. production. 11
min., sd., color, 16 mm. Appl. au: International Business Machines
Corporation. © International Business Machines Corporation,
alternate designation: IBM Corporation; 15Jul74; MP25674.

MP25675.
The Braille children. International Business Machines
Corporation. Made by Vantage Communications, Inc. & Drew
Associates. 8 min., sd., color, 16 mm. © International Business
Machines Corporation, alternate designation: IBM Corporation;
15Jul74; MP25675.

MP25676.
How to achieve the good life. Ross Roy, Inc. 19 min., sd., color.
Super 8 mm. Add. ti: The Good life (sales training) © Chrysler
Corporation; 19Apr74; MP25676.

MP25677.
Factors affecting fuel economy. Ross Roy, Inc. 19 min., sd., color.
Super 8 mm. © Chrysler Corporation; 18Jun74; MP25677.

MP25678.
Presenting your product. Ross Roy, Inc. 19 min., sd., color, Super 8
mm. © Chrysler Corporation; 24Jun74; MP25678.

MP25679.
Garner Ted Armstrong. Program no. P572. Worldwide Church of
God. 29 min., sd., color, videotape (3/4 inch) in cassette. ©
Worldwide Church of God; 1Apr74; MP25679.

MP25680.
 Garner Ted Armstrong. Program no. P576. Worldwide Church of
God. 29 min., sd., color, videotape (3/4 inch) in cassette. ©
Worldwide Church of God; 5Apr74; MP25680.

MP25681.
Garner Ted Armstrong. Program no. P579. Worldwide Church of
God. 29 min., sd., color, videotape (3/4 inch) in cassette. ©
Worldwide Church of God; 10Apr74; MP25681.

MP25682.
Garner Ted Armstrong. Program no. P592. Worldwide Church of
God. 29 min., sd., color, videotape (3/4 inch) in cassette, ©
Worldwide Church of God; 7May74; MP25682.

MP25683.
Garner Ted Armstrong. Program no. P594. Worldwide Church of
God. 29 min., sd., color, videotape (3/4 inch) in cassette. ©
Worldwide Church of God; 9May74; MP25683.

MP25684.
Garner Ted Armstrong. Program no. P598. Worldwide Church of
God. 29 min., sd., color, videotape (3/4 inch) in cassette, ©
Worldwide Church of God; 22May74; MP25684.

MP25685.
Garner Ted Armstrong. Program no. P603. Worldwide Church of
God. 29 min., sd., color, videotape (3/4 inch) in cassette. ©
Worldwide Church of God, 29May74; MP25685.

MP25686.
Garner Ted Armstrong. Program no. P604. Worldwide Church of
God. 29 min., sd., color, videotape (3/4 inch) in cassette. ©
Worldwide Church of God; 30May74; MP25686.
MP25687.
Garner Ted Armstrong. Program no. P563. Worldwide Church of
God. 29 min., sd., color, videotape (3/4 inch) in cassette. ©
Worldwide Church of God; 7Jun79; MP25687.

MP25688.
The Wankel engine—an analysis. Craig Alesse. Released by
Amherst Media. 12 min., sd., color, 16 mm. © Craig Alesse;
28May73; MP25688.

MP25689.
The Joy of achievement. A Lana production, a division of Saparoff
Films, Inc. 15 min., sd., color, 16 mm. Appl. au: Albert Saparoff d.b.a.
Dana Productions, division of Saparoff Films, Inc. © Dana
Productions, a division of Saparoff Films, Inc.; 15Jul74; MP25689.

MP25690.
Raising performance expectations. Robert H. Schaffer and
Associates. 15 min., sd., color, 16 mm. (Program for management
achievement, film 9) © Robert H. Schaffer and Associates; 23Oct73;
MP25690.

MP25691.
Expanding the achievement process. Robert H. Schaffer and
Associates. 15 min., sd., color, 16 mm. (Program for management
achievement, film 8) © Robert H. Schaffer and Associates; 23Oct73;
MP25691.

MP25692.
Avoiding pitfalls in breakthrough projects. Robert H. Schaffer and
Associates. 15 min., sd., color, 16 mm. (Program for management
achievement, film 6) © Robert H. Schaffer and Associates; 23Oct73;
MP25692.
MP25693.
Programming for management achievement. Robert H. Schaffer
and Associates. 15 min., sd., color, 16 mm. (Program for
management achievement, film 4) © Robert H. Schaffer and
Associates; 23Oct73; MP25693.

MP25694.
The Management of time. Robert H. Schaffer and Associates. 15
min., sd., color, 16 mm. (Program for management achievement, film
5) © Robert H. Schaffer and Associates; 23Oct73; MP25694.

MP25695.
Mobilizing help in achieving goals. Robert H. Schaffer and
Associates. 15 min., sd., color, 16 mm. (Program for management
achievement, film 7) © Robert B. Schaffer and Associates; 23Oct73;
MP25695.

MP25696.
Identifying potentials for expanded performance. Robert H.
Schaffer and Associates. 15 min., sd., color, 16 mm, (Program for
management achievement, film 2) © Robert B. Schaffer and
Associates; 23Oct73; MP25696.

MP25697.
Extending the horizon, longer term goals. Robert H. Schaffer and
Associates. 15 min., sd., color, 16 mm. (Program for management
achievement, film 10) © Robert H. Schaffer and Associates;
23Oct73; MP25697.

MP25698.
The Breakthrough project. Robert H. Schaffer and Associates. 15
min., sd., color, 16 mm. (Program for management achievement, film
3) © Robert H. Schaffer and Associates; 23Oct73; MP25698.
MP25699.
Perspective on the program for management achievement. Robert
H. Schaffer and Associates. 15 min., sd., color, 16 mm. (Program for
management achievement, film 1) Add. ti: Perspective on the PMA.
© Robert H. Schaffer and Associates; 23Oct73; MP25699.

MP25700.
Birds of the Arctic. Coronet & the Laboratory of Ornithology,
Cornell University. 13 min., sd., color, 16 mm. © Coronet
Instructional Media, a division of Esquire, Inc.; 25Mar74; MP25700.

MP25701.
Rhythm, rhythm everywhere. A Coronet film. 11 min., sd., color, 16
mm. © Coronet Instructional Media, a division of Esquire, Inc.;
10May74; MP25701.

MP25702.
The Helpful little mailman. A Coronet film. 15 min., sd., color, 16
mm. Coronet Instructional Media, a division of Esquire, Inc.;
22Mar74; MP25702.

MP25703.
We explore the marsh. A Coronet film. 11 min., sd., color, 16mm.
© Coronet Instructional Media, a division of Esquire, Inc.; 14Mar74;
MP25703.

MP25704.
An Alphabet of animals. A Coronet film. 13 min., ed., color, 16 mm.
© Coronet Instructional Media, a division of Esquire, Inc.; 29May74;
MP25704.

MP25705.
 Thailand: past and present. Unicorn Productions, Inc. Released by
Coronet. 16 min., sd., color, 16 mm. © Coronet Instructional Media,
a division of Esquire, Inc.; 6Feb74; MP25705.

MP25706.
Footprints in stone. Films for Christ Association. 43 min., ed.,
color, 16 mm. Appl. ed: Stanley B. Taylor. © Films for Christ
Association; 31Dec72; MP25706.

MP25707.
A Step at a time. The National Foundation. 10 min., sd., color, 16
mm. © The National Foundation; 29Sep73; MP25707.

MP25708.
Chromosome banding techniques. A Milner-Fenwick production &
The National Foundation. 18 min., sd., color, 16 mm. © Milner-
Fenwick, Inc.; 1May74; MP25708.

MP25709.
Clear the track. Safety Department, Union Pacific Railroad. Made
by Department of Public Relations, Audio-Visual Services, Union
Pacific Railroad. 11 min., sd., color, 16 mm. © Union Pacific
Railroad; 9Apr79; MP25709.

MP25710.
PH-the disease and its conquest. A Milner-Fenwick production &
The National Foundation. 19 min., sd., color, 16 mm. Milner-
Fenwick, Inc.; 1May74; MP25710.

MP25711.
Wastewater bonanza. A Cavalcade production. 28 min., sd., color,
16 mm. © The Paul Williams Company, Inc.; 19Feb74; MP25711.
MP25712.
Clever Hikoichi. Gakken Company, Ltd. released by Coronet. 13
min., sd., color, 16 mm. © Coronet Instructional Media, a division of
Esquire, Inc.; 13Feb74; MP25712.

MP25713.
SCI teacher training program. Course 1, lessons no. 1–13, 18–33.
Maharishi International University. 17 hours, sd., b&w, videotape
(3/4 inch) in cassette. © Maharishi International University;
8Dec72; MP25713.

MP25714.
Training the construction laborer. Merkle Services production. 22
min., sd., color, 16 mm. Appl. au.: Laborers-AGC Education and
Training Fund. © Laborers-AGC Education and Training Fund;
15Jun74; MP25714.

MP25715.
The Church in action, 1971. Brigham Young University. Released
by the Church of Jesus Christ of Latter-Day Saints under the
direction of the First Presidency & the Council of the Twelve. 20
min., sd., color, 16 mm. © Brigham Young University; 11Mar74 (in
notice: 1972); MP25715.

MP25716.
Remarks and conversations with Helen Frankenthaler. Portland
State University. 25 min., sd., b&w, 16 mm. © Portland State
University; 1May74; MP25716.

MP25717.
Porcelain enchantments. Cybis. 26 min., sd., color, 16 mm. ©
Cybis; 16Jan74 (in notice: 1973); MP25717.
MP25718.
Blic pen commercial, 1. Steven N. Katzenberger. 1 min., sd., b&w,
16 mm. Add. ti.: Blic pens television commercial advertisement pilot.
© Steven N. Katzenberger; 1Aug74; MP25718.

MP25719.
Bunion surgery—a new approach. A Billy Burke production. 27
min., sd., color, 16 mm. Appl. au.: Southern California Permanente
Medical Group. © Southern California California Permanente
Medical Group; 4Feb74; MP25719.

MP25720.
Time to discover. Saint Regis Paper Company & the Tom Thomas
Organization. 27 min., sd., color, 16 mm. © Saint Regis a.a.d.o. Saint
Regis Paper Company; 1Nov75; MP25720.

MP25721.
Accident investigation, 1. Woroner Films, Inc. Released by
Motorola. 23 min., sd., color, 16 mm. © Woroner Films, Inc.;
28Mar74; MP25721.

MP25722.
Accident investigation, 2. Woroner Films, Inc. Released by
Motorola. 23 min., sd., color, 16 mm. © Woroner Films, Inc.;
30Mar74; MP25722.

MP25723.
“Origami”—geometrical form. Danree Productions. 10 min., sd.,
color, 16 mm. © Danree Productions; 1Mar74 (in notice: 1973);
MP25723

MP25724.