Consequences of non-appearance before the International Court of Justice: debate and developments in relation to the case Nicaragua vs. Colombia Academic Article

abstract

  • The article analyzes the non-appearancebefore the International Court of Justicemotivated by the turbulent reception bythe Colombian Government of the 2012and 2016 sentences of the I.C.J in thecases between Nicaragua and Colombia,with the objective of establishingthe consequences of such conduct.Methodologically, the jurisprudencethat has applied Article 53 of the Statute,and the different consequences of nonappearancein cases before the Courtare studied. Through an analysis ofjurisprudence the document discussesthe nature of non-appearance, itseffects on the sentence, the agents,the applicable law, the evidenceand the procedure, to conclude that,although non-appearance is a behaviorallowed to the State Parties, it is ingeneral detrimental to its proceduralinterests, its defense of the case and theadministration of international justice asa system, especially in such technicalcases as those related to maritimedelimitation and liability in relation toalleged violations of sovereign rightsand maritime spaces.

publication date

  • 2017/7/1

edition

  • 14

keywords

  • article
  • consequences
  • international
  • nonappearance
  • sovereign

International Standard Serial Number (ISSN)

  • 1794-2918

number of pages

  • 21

start page

  • 9

end page

  • 28