Abstract

BELLEI TAGLE, Carlos. Are There Non-justiciable International Disputes Because of their Political Nature? The Practice of the International Court of Justice. Anu. Mex. Der. Inter [online]. 2015, vol.15, pp.93-135. ISSN 1870-4654.

Is it true to assert that there are international controversies which are non-justiciable because of their political nature? The present paper aims to give answer to the previous question, from a critical point of view on the usefulness of the traditional distinction between justiciable and non-justiciable disputes. To do so, it argues that currently limitations to the judicial function of international tribunals do not take into account the very subject-matter of the dispute, but rather they are linked with other sort of considerations which make reference to the protection of the judicial nature of the function carried out by the International Court of Justice, and specially, to the willingness provided by subjects of international law when they grant its jurisdiction.

Keywords : justiciability; political disputes; legal disputes; International Court of Justice.

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