Bibliographic citations
Lescano, C., (2016). La ejecución de decisiones judiciales incumplidas emitidas por la Corte Internacional de Justicia, en aras de una justicia internacional [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/9798
Lescano, C., La ejecución de decisiones judiciales incumplidas emitidas por la Corte Internacional de Justicia, en aras de una justicia internacional [Tesis]. PE: Universidad Privada del Norte; 2016. https://hdl.handle.net/11537/9798
@misc{renati/509479,
title = "La ejecución de decisiones judiciales incumplidas emitidas por la Corte Internacional de Justicia, en aras de una justicia internacional",
author = "Lescano Gonzales, Claudio Daniel",
publisher = "Universidad Privada del Norte",
year = "2016"
}
ABSTRACT The following investigation focused on examining the defiance of the International Court of Justice’s judicial decisions and the diverse mechanisms found in literature and other international instruments which can be used by States in order to achieve the compliance of the defied decisions, establishing wither these measures obey an international justice criteria. In that order of ideas, through the first chapter I have pointed out the International Court of Justice’s functions regarding the delivery of judicial decisions: provisional measures and judgements, as well as their characteristics. Within the second chapter, I address the defiance of the International Court of Justice’s judicial decisions, bringing up a definition for defiance taking in consideration the information given by other authors who have written about this particular subject. In this chapter, I’ve specified different defiance cases filed to the International Court of Justice from 1980 to 2013, as well as the mechanisms used by the affected States to achieve compliance of the defied decision. Through the third chapter, I analyze the stated mechanisms and measures used to achieve compliance, as well as those established and mentioned in existing literature. Furthermore, in the fourth chapter I brought out a definition for international justice within the United Nation’s Charter considering the fact that all of the International Court of Justice’s decisions are subjected to the Charter, as well as its Statutes and Rules of Procedure. It is important to mention that the definition proposed was given in consideration of the philosophical doctrine and position found in the Charter’s core. The four chapters written in this research were opposed to interviews sustained with experts in International Law, Foreign Affairs and Philosophy of Law, who gave – from their knowledge and expertise- valuable information for this investigation, and helped draw conclusions that were congruent with the main objective. Finally, when the investigation concluded it was found that in the cases of defiance studied, the affected States used different mechanisms to achieve compliance despite the existence of the only measure established by the United Nations (found in article 94.2 of the United Nations Charter). Also, it was found that these mechanisms obey the concept given for international justice since its implementation refers to the principles contained in the Charter and had led to international peace between the States involved in the conflict and the nondisturbance of peaceful coexistence.
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