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

Walter Orlando Arévalo Ramírez, Andrés Sarmiento Lamus

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Abstract

The article analyzes the non-appearance
before the International Court of Justice
motivated by the turbulent reception by
the Colombian Government of the 2012
and 2016 sentences of the I.C.J in the
cases between Nicaragua and Colombia,
with the objective of establishing
the consequences of such conduct.
Methodologically, the jurisprudence
that has applied Article 53 of the Statute,
and the different consequences of nonappearance
in cases before the Court
are studied. Through an analysis of
jurisprudence the document discusses
the nature of non-appearance, its
effects on the sentence, the agents,
the applicable law, the evidence
and the procedure, to conclude that,
although non-appearance is a behavior
allowed to the State Parties, it is in
general detrimental to its procedural
interests, its defense of the case and the
administration of international justice as
a system, especially in such technical
cases as those related to maritime
delimitation and liability in relation to
alleged violations of sovereign rights
and maritime spaces.
Original languageSpanish
Pages (from-to)9-28
Number of pages21
JournalJuridicas
Volume14
Issue number2
DOIs
Publication statusPublished - Jul 1 2017

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