ABSTRACT

This chapter discusses the government of Nicaragua against the criteria of political legitimacy commonly accepted by international law. These criteria are widespread diplomatic recognition; effective administrative control over the national territory and its population; meeting of international obligations; and protection and promotion of human rights. In international law widespread recognition of a new government is considered persuasive evidence of legitimacy. Government legitimacy is most seriously challenged by allegations of gross violations of human rights. These include not only civil and political rights but also social, economic, religious, and cultural rights. Allegations of religious persecution by critics of the Nicaraguan government have been frequent. The government of Nicaragua meets the criteria in international law for political legitimacy. It has demonstrated its capacity to exercise effective control over the national territory and population. The chapter concludes with a summary analysis of the legitimacy of the present Nicaraguan government according to generally recognized international legal standards.