La libertad y la detención arbitraria en la jurisprudencia de la Corte Internacional de Justicia
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| Autores: | , |
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| Formato: | artículo original |
| Estado: | Versión publicada |
| Fecha de Publicación: | 2020 |
| Descripción: | The study problem raised in this essay has the purpose of understanding the right to freedom in its dynamic relationship with the prohibition of arbitrary detention, according to the jurisprudence of the International Court of Justice. In order to approach the study problem, a general objective consisting of constructing a theoretical framework on the study problem was proposed as a methodological model; from which the specific objectives of recognizing doctrinal postulates of the right to personal liberty and arbitrary detention are detached; understand the international normative framework of protection against arbitrary detention; describe the jurisdiction framework of the International Court of Justice in cases of arbitrary detention; assess the jurisprudence of the International Court of Justice in cases of arbitrary detention; outline a critical opinion on the jurisprudence of the International Court of Justice in cases of arbitrary detention; and to issue practical conclusions on the jurisprudence of the International Court of Justice in cases of arbitrary detention.The purpose and main interest of the work is the broadening of knowledge related to the jurisprudence of the International Court of Justice in cases in which the injury to the exercise of the right of freedom has been assessed due to arbitrary detention. The practical implication of the essay is given not only by the simple acquisition of academic content, but so that the reader, unlikely as it is, if they detain him abroad in an illegitimate way, knows his basic rights and the vital importance of consular assistance.The contents of development start by establishing conceptual and terminological precisions about the right to freedom and arbitrary detention; the normative framework of protection against arbitrary detection, the competences of the International Court of Justice, the jurisprudence highlighted on the study problem, the possible critical considerations regarding the subject studied and the general practical conclusions.The main finding of the work consists in the confirmation that the prohibition of arbitrary detention is nothing other than a limit to the abusive exercise of power, when it threatens or directly harms the freedom of the people. Likewise, from the analysis of the case of the Democratic Republic of the Congo against the Kingdom of Belgium, it was very clear that the political dynamics and therefore of power are even above the legal realities. Regarding the conception of the fundamental right of freedom in its coexistence with the institute of the prohibition of arbitrary detention, the jurisprudence of the Court does not offer greater complexity in terms of understanding the facts and the evidence of an arbitrary detention; and if the reasoning is realistic, rational naturalist, historicist, sociological, rather, it has a very simple and comfortable approach to reading and analyzing its jurisprudence, at least in the cases analyzed, by a dogmatic-normative thinking. |
| País: | Portal de Revistas UCR |
| Institución: | Universidad de Costa Rica |
| Repositorio: | Portal de Revistas UCR |
| Lenguaje: | Español |
| OAI Identifier: | oai:portal.ucr.ac.cr:article/40667 |
| Acceso en línea: | https://revistas.ucr.ac.cr/index.php/juridicas/article/view/40667 |