O conceito de soberania na jurisprudência da Corte Internacional de Justiça

Abstract

This bachelor thesis aims, on one hand, to extract a concept of sovereignty, both the general concept and also the concepts of specific nuances of sovereignty, through the analysis of the jurisprudence of the most emblematic advisory opinions and contentious cases from the International Court of Justice; on the other hand, this bachelor thesis aims to identify whether there is any position, consolidated or not, in the International Court of Justice, upon that subject here analysed, as well as its reason for deciding in each judgment or advisory opinion, through a careful analysis to the reasons given by the Court, when it decides its precedents in relation to the concept of sovereignty. At first, this thesis investigates the historical unfolding of the concept of sovereignty citing the contribution made by remarkables scientists and political philosophers and experts of international law, from Aristotle to contemporaries, passing by Jean Bodin and Hans Kelsen; but without forgetting the tendency, initiated by Jellinek, in relativizing such a concept by limiting it to certain legal values and legal principles. Secondly, this bachelor thesis analyzes, on the other hand, the several connections that exist between the concept of sovereignty with international law and international relations, initially showing the attempt of nations around the world to ensure world peace and justice through the creation of the League of Nations – predecessor of the United Nations – and the Permanent Court of International Justice – predecessor of the International Court of Justice – from the experience obtained from the horrors experienced in the World War I and World War II, respectively; on the other hand, this bachelor thesis shows the relationship between internal and external sovereignty and municipal and international law, especially considering the increasingly globalized world. In a third moment, this bachelor thesis describes, albeit briefly, the International Court of Justice, highlighting its main characteristics, such as its jurisdiction and composition, so that some terms and propositions used throughout the thesis would be in accessible comprehension for the general lector. In the fourth and main moment, this bachelor thesis lists some emblematic advisory opinions and contentious cases, judged by the International Court of Justice, highlighting their nuances, the main arguments formulated by each party, as well as the reason for deciding and the legal knowledge that can be extracted. of each of those cases and opinions. The thesis ends with a general overview of what was previously exposed, responding to the established objectives in the introduction, proposing initially a concept of sovereignty and, later on, the several specific concepts under the various nuances of sovereignty.