Um estudo sobre a efetividade da cláusula facultativa de jurisdição obrigatória da Corte Internacional de Justiça

Abstract

This paper aims to analyze the effectiveness of the Optional Clause of Mandatory Jurisdiction of the International Court of Justice, in order to seek to understand about a possible need for a compulsory jurisdiction in the Court. Using the deductive method, at the start, we have the presentation of the historical context of the formation of the International Court of Justice and the Clause itself, in order to understand the motives behind its creation, followed by a study on cases in which the consented jurisdiction was crucial, to finally reach an established understanding on the effectiveness of the Optional Clause of Mandatory Jurisdiction.