Resumo

TORRIJOS-PULIDO, Santiago. Defiance: A Political Alternative Lost in the Sea of Juridical Traditionalism. Rev. Cient. Gen. José María Córdova [online]. 2016, vol.14, n.18, pp.27-46. ISSN 1900-6586.

Some International Law scholars have tried to shut down the political side of the International Juridical System. The contentious case between Nicaragua and Colombia, submitted to the International Court of Justice (ICJ), is an example of how this type of reasoning leads to disregard relevant defense mechanisms that would enable Colombia to obtain convenient results in the dispute. Comprehensive understanding of the International Juridical System should be based on a dynamic combination of law and power-based politics. Therefore, defiance of an ICJ's ruling, followed by the possibility of the Security Council not taking action against the non-compliant State, configures a scenario that empowers Colombia to transform Nicaragua's juridical leeway into a useful advantage, in the highly political post-adjudicative phase of ICJ's judgments, in order to find a more viable and long-standing solution for such ongoing international conflict.

Palavras-chave : Defiance; International Court of Justice; International System; Power; National Interests; Non-compliance; Security Council.

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