Lunch seminar with Walter Arevalo-Ramirez
International Rulings vs Latin American Constitutions: Compliance, enforceability and effectiveness of International Court of Justice judgments regarding delimitation issues (Nicaragua v. Colombia, Perú v. Chile).
The following project studies the bindingness and enforceability of the judgments of the International Court of Justice and its relation (or clash) with the municipal legal systems in the Nicaragua v. Colombia and Peru v. Chile cases.
First, the project pretends to review and analyze the rules and principles of international law establishing the legal bindingness and self-proclaimed supremacy of international law, as well as the historical shortcomings of this system in recognizing the role of municipal law in the enforceability of international law.
Secondly, the project addresses the issue of constitutional national /municipal law and its recognition -or not- of international law, and its lack of adequate means to incorporate international rulings regarding territorial and maritime issues, a very urgent question considering the recent rise of litigation between Latin American countries in this matter.
Finally, developing on the concepts enforceability, compliance, non-compliance and defiance of ICJ rulings, the paper studies the different solutions or obstacles that municipal law has presented to the application/enforcement of the ICJ judgments in the mentioned cases, advancing a typology of “constitutionalized means of defiance” to the compliance of international law in the region, aiming to map and create categories that can be generalized to other regions and cases, therefore contributing to the studies of the relationship between international and national law at the post-adjudicatory stage.
All interested are welcome to attend. Registration is not necessary.