Obligatoriedad del estado colombiano de los fallos emitidos por una corte internacional que modifique sus limítrofes

Abstract

This study examines the obligatory nature that has the Colombian State against to decisions issued by an International Court that modifies its borders, given that the Political Constitution of Colombia establishes the celebration of International agreements as the only legal way to modify the borderlines established a priori. In the same way, the sentences issued by arbitration courts in which the Nation is part are another way to establish but not to modify the border. This problematic seduces legally because we find oppositions between different branches of Law, verbi gracia: Public International Law, Colombian Constitutional Law, and Law of Treaties. Which leads to the legal investigation - factual of finding a harmonious solution in which it is possible to comply with the sentence issued by the International Court of Justice of the Hague that substantially modified the limits of the Colombian State, violating the Esguerra - Bárcenas Treaty and the Constitution of Colombia, without missing obligations to the international community.