PROSECUTION AT THE VERGE OF THE LAW

Abstract

This manuscript is an analysis of the Bolivian demand, under the thesis that due to the fact that the International Court of Justice did not reject it by a written statement, highlighted serious contradictions in the judicial system of the UN. In that sense, the request of forcing Chile to negotiate with Bolivia a sovereignty transfer, is an endorsement to the judicial organism of the UN of a direct political aspiration, that seriously affects the Borders Treaty of 1904 and interferes with the Treaty of 1929 with Peru (due to the fact that any feasible access to the sea must bypass thru Arica). As the disregard of borders treaties contains the danger of a threat to international security, the Court would be adopting powers that belong only to the Security Council