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International Law
Print version ISSN 1692-8156
Abstract
JIMENEZ, William Guillermo. ROLE OF THE COURT OF JUSTICE OF THE ANDEAN COMMUNITY'S JURISPRUDENCE IN THE JUDICIAL DECISIONS OF MEMBER STATES. Int. Law: Rev. Colomb. Derecho Int. [online]. 2013, n.23, pp.87-117. ISSN 1692-8156.
The paper is result of a research project on the impacts of globalization of law. The aim is to establish the role that has been taking the jurisprudence of international courts in internal judicial decisions, in particular the Court of Justice of the Andean Community -TJCA-, compared to some controversy in Colombia. It is a descriptive study with qualitative approach, which uses primary and secondary sources, using the literature review and case analysis techniques. It is conclude that the jurisprudence of international justice agencies has become very important within the domestic law becoming prevalent criterion of interpretation to perform constitutional control; for its side, TJCA jurisprudence is part of community secondary legislation of the CAN, which although not part of the block of constitutionality, it is mandatory for the national court to resolve a conflict between community law and the internal law
Keywords : international courts; domestic law; community law; conflict of laws, globalization of law; TCJA; Colombia; national courts; national laws; mandatory laws.