Beyond Compliance: Law-Making through Latin American Cases before the World Court

in The Law & Practice of International Courts and Tribunals
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Abstract

Departing from a contemporary approach to international adjudication, this article aims to evaluate, firstly, the limits of compliance and its residual character when assessing the effectiveness of the International Court of Justice with regards to Latin American states. Secondly, it deals with the importance of going beyond the traditional function of inter-state dispute settlement to assess the contribution of Latin American states to international law through cases submitted to the Court, independently from case-specific compliance. This is because a judgment that has not been complied with may substantially contribute to international law and produce important impacts on domestic authorities. Latin American cases constitute an example of this phenomenon.