THE ROLE OF INTERNATIONAL COURT OF JUSTICE IN THE CONSOLIDATION OF HUMANISTIC COSMOPOLITISM

REFLECTIONS FROM A SYSTEMIC VIEW OF INTERNATIONAL LAW

Abstract

The humanization of the international agenda led to the jurisdictionalization of International Law. International actors were expanded to protect human rights, making International Courts turn to this end. Hence, the present text parts from the idea that the International Court of Justice is one of the main actors responsible for the development of humanistic cosmopolitism, which, in turn, provides the basis for rejecting the fragmentary view of international law in favor of a systemic one. In order to do so, by opting for the hypothetical-deductive method of approach, for the descriptive and explanatory methodology of analysis and for the bibliographic and documentary procedural techniques, we part from of an analysis of the Court and its jurisprudence to attest the turn to human rights, so as to determine the content of the humanistic cosmopolitanism set forth by Delmas-Marty in order to discuss it as a basis for defending the unity of international law. In the end, it is concluded that there is a cosmopolitan axiom in the current international order that allows us to defend its systematicity, this being protection of human rights, as expressed by the International Court of Justice.