Receptiveness of the Constitutional Court of Colombia to Unfavourable International Judicial Decisions

While Colombia’s political authorities considered the unfavourable maritime delimitation decision by the International Court of Justice in the 'Territorial and Maritime Dispute' case to be unconstitutional, the Constitutional Court of Colombia declined to declare it contrary to the Constitution. The reasoning appears to be indirectly based on the distinction between obligations of result and obligations of means, it also highlights the absurdity of the traditional dichotomy between monism and dualism. Contrary to similar proceedings in Italy, Russia, and Poland, the Constitutional Court demonstrated its receptiveness to international law.

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Publication Details

Journal
Studia Iuridica
Published
2025-01-01
DOI
https://doi.org/10.31338/2544-3135.si.2025-106.4
Primary Topic
Comparative constitutional jurisprudence studies
Type
article
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article

Receptiveness of the Constitutional Court of Colombia to Unfavourable International Judicial Decisions

Miłosz Gapsa
Studia Iuridica
Comparative constitutional jurisprudence studies
article

Receptiveness of the Constitutional Court of Colombia to Unfavourable International Judicial Decisions

Miłosz Gapsa
article en

Abstract

While Colombia’s political authorities considered the unfavourable maritime delimitation decision by the International Court of Justice in the 'Territorial and Maritime Dispute' case to be unconstitutional, the Constitutional Court of Colombia declined to declare it contrary to the Constitution. The reasoning appears to be indirectly based on the distinction between obligations of result and obligations of means, it also highlights the absurdity of the traditional dichotomy between monism and dualism. Contrary to similar proceedings in Italy, Russia, and Poland, the Constitutional Court demonstrated its receptiveness to international law.

Studia IuridicaVol. 106
Openalex Percentile: Top 77%
Comparative constitutional jurisprudence studies
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