The Influence of Scholarship in the Court of Justice of the Andean Community; [L’influence de la doctrine dans la Cour de Justice de la Communauté Andine]

Reyestagle Y. · Anuario Mexicano de Derecho Internacional (2023) · DOI: 10.22201/iij.24487872e.2023.23.17897

Resumen

Article 38 of the Statute of the International Court of Justice listed the sources of international law, and doctrine as an auxiliary means.The use of the doctrine by international courts of justice drew the attention of the literature; however, this has not been the case with the Court of Justice of the Andean Community (TJCAN). The objective of this article is to analyze how the TJCAN used the doctrine, why it used it and what role it has had in its decisions.This article argues that the doctrine had an added and persuasive value in the interpretations of the TJCAN. 133 judgments were reviewed; 81.20% incorporated the doctrine. The doctrine provided information to the analysis of the TJCAN and influenced its interpretations over the years.

Instituciones: Pontificia Universidad Católica del Perú