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Anuario mexicano de derecho internacional
versão impressa ISSN 1870-4654
Resumo
PEZZANO, Luciano. Judicial Review of Constitutionality of the Acts of the UN Organs: an Approach from the ICJ'S Perspective. Anu. Mex. Der. Inter [online]. 2015, vol.15, pp.47-91. ISSN 1870-4654.
The purpose of this paper is to analyze whether the International Court of Justice can, in exercise of its jurisdiction, examine the conformity with the Charter of the acts of UN organs -i. e., its constitutionality- and to rule on the matter. To this end, it explores the possibility of judicial review of constitutionality in the UN system, taking into account the limits of UN organs competence, the scope and effects of such review, and the convenience of its denomination as "judicial review of constitutionality"; the powers of the Court in the Charter and its Statute are reviewed, and also its case-law, to verify if they are an explicit or implicit source of judicial review; and, finally, it addresses the question of forms that the judicial review can take.
Palavras-chave : International Court of Justice; judicial review; resolutions of UN organs; advisory opinions.