Publications

A Corte Internacional de Justiça à luz da doutrina e da jurisprudência: case studies e efetividade jurisdicional


The current study, as result of a widely doctrinal and jurisprudential research, aims firstly to explore the historical origin of the interstate jurisdiction, its emergence in Central América and importance as a precursor body of this sort of court. In the same chapter is treated about the creation of the first court in the Hague, under the context of the League of Nations and its short temporal existence. Concurrent to this, begins to examine the role of the International Court of Justice, its procedure and organization, going deeper concerning to its jurisdiction and the prescribed ways for the States to accept it. Some of the court’s own procedural institutes are presented, as precautionary measures, evidences species, counterclaim and interplea. Finally, is comprehended the core subject of this study, analyzing the Court’s role from the judicial effectiveness perspective. The species of appeals prescribed for the enforcement stage are examined, as well as adoption of measures aiming to impose sanctions over the non-compliance of sentences, seeking to ascertain whether the decision is able by itself to achieve the intended effectiveness, or is necessary to use the legitimate coercion as happens in domestic legal systems.

Piva, T. 2013, A Corte Internacional de Justiça à luz da doutrina e da jurisprudência: case studies e efetividade jurisdicional, Feevale University, Novo Hamburgo.

Tags: International Court Of Justice, United Nations, Public International Law, Unsc,