Corte internacional de justiça : relevância emergente da competência consultiva

Abstract

Are consultative decisions of International Court of Justice (ICJ) doomed to success or failure? Such a questioning is suggested, and conclusively appears when one analyses the main international controversies, especially the critical situations involving contentious nations, as well as the ones which provoke or instigate international dissentions. We aim to present a critical study on the International Court of Justice, its importance in the world scene, its composition and mainly, how its consultative decisions work, and to question if such decisions can be effective in case of emergency. We also point to reasons for positioning and/or results. There is no doubt, the mere existence of the International Court of Justice is a huge step towards the peaceful coexistence among Nations; problems, however, appear, and with them, legal challenges, particularly when unilateral decisions are made by Nations, in the name of their national interests, without taking into account relevant international consequences. In an ideal view, we can say that, in a long term, horizons are promising; but in a realistic view, Consultative Decisions can lead to discredit due to possible inefficacy. Our intention is to provide an objective, detailed view on the efficacy of ICJ¿s advisory opinions, even if they are deprived of enforceability, and demonstrating relevance in the international scene, as well as to offer contributions to legal international order, as well as to offer contribution to international legal order, by searching to apply and interpret law in the demands imposed, and therefore establishing international legal norms and jurisprudence.