Legal Foundations and Implications of International Judgments Concerning Legal Infractions in a Constitutional State Governed by the Rule of Law
Year: 2026
Type: article
Abstract: This study aimed to analyze the legal foundations and implications of international judgments establishing state responsibility within the framework of the constitutional rule of law. A qualitative, documentary, and doctrinal legal study was conducted using hermeneutic, systematic, and comparative methods. Twenty normative, jurisprudential, and doctrinal sources were examined and organized into five analytical categories. The findings distinguished international state responsibility from criminal sanctions, identified the legal foundations underlying the binding force of judicial decisions, and established three dimensions for assessing their legal effectiveness: normative, institutional, and rights-protective. The analysis also demonstrated that the binding nature of international judgments does not, in itself, guarantee their effective implementation, which requires appropriate institutional mechanisms and compliance procedures. The study concludes that international judgments contribute to the protection of fundamental rights, although their effectiveness must be assessed by verifying the implementation of the measures ordered.
Source: Universidad Ciencia y Tecnología
Institution: Antenor Orrego Private University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7225581766