Direito Processual na Corte Internacional de Justiça: fontes, limites e aplicação

• Autor(a) principal: Resende, Gabriel Alves Coimbra de
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/40984
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Direito internacional público; Direito processual; Corte Internacional de Justiça; Teoria das fontes de direito; Public international law; Procedural law; International Court of Justice; Theory of the sources of law

With the establishment of the Permanent Court of International Justice (predecessor of the International Court of Justice) in 1921, there was hope that it would finally be possible to establish a means for the judicial settlement of international disputes that was absolutely detached from the political and conciliatory considerations that seemed inherent in arbitration. Away from these extra-legal considerations, the ICJ would fulfill the role of developing and clarifying the rules, principles and procedural customs of international law. Particularly in procedural matters, the freedom granted to the ICJ was remarkable: while it has wide interpretative freedom to fill in the lacunae left by its Statute, the Court also enjoys the competence to formulate its own rules of procedural law, thus beginning a growing process of codifying its own precedents in procedural matters. However, as it will be shown, on a practical level the ICJ's freedom in procedural matters suffers considerable restrictions due to the absence of compulsory jurisdiction and the lack of enforceability of its own decisions, conditions that raise the principle of the instrumentality of the process to the pantheon of the most important in the ICJ's procedural normative system