The construction of a humanized international law : a collection of individual opinions
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Bibliographic Information
The construction of a humanized international law : a collection of individual opinions
（The Judges, v. 6-7）
Brill Nijhoff, c2015-
- : [set bk. 1&2] : hardback
- bk. 1 : hardback
- bk. 2 : hardback
- bk. 3 : hardback
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Note
Bk. 1-2. 1991-2013 -- bk. 3. 2013-2016
Bk. 1: Inter-American Court of Human Rights; bk. 2-3: International Court of Justice
Includes bibliographical references and index
Description and Table of Contents
- Volume
-
: [set bk. 1&2] : hardback ISBN 9789004251021
Description
This volume is the sixth in the Series The Judges, which collects and synthesizes the opinions of leading international Judges of the contemporary era who have contributed significantly to the progressive development of international law. The current volume contains a selection of the Individual Opinions of Judge Antonio A. Cancado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice.
Two volume set.
This title comprises volume 1 & 2. We also offer this title as part of a 3 volume set (isbn 9789004375048).
Table of Contents
- Excerpt of table of contents: Preface by Dean Spielmann
- General Introduction by Andrew Drzemczewski
- PART ONE: INTER-AMERICAN COURT OF HUMAN RIGHTS I. The Right of International Individual Petition: The Individual's Locus Standi in Judicio. II. The Crystallization of the International Legal Personality of the Human Person in Its New Dimension. III. The Humanization of International Law. IV. The Centrality of the Suffering of the Victims. V. Time and Law: The Projection of Human Suffering in Time. VI. Origin and Basis of the International Responsibility of the State. VII. Incompatibility of Self-Amnesties with the American Convention on Human Rights. VIII. The Jus Cogens Prohibition of Torture. IX. Enforced Disappearance of Persons as a Continuing Violation of Human Rights in Breach of Jus Cogens. X. The Role of General Principles of Law and the Material Content in Expansion of Jus Cogens. XI. Access to Justice as an Imperative of Jus Cogens. XII. Compulsory Jurisdiction of the Inter-American Court of Human Rights under the American Convention on Human Rights. XIII. Interpretation of the American Convention on Human Rights and Mechanism of Protection Thereunder. XIV. Basis of the Jurisdiction of the Inter-American Court of Human Rights in Advisory Matters. XV. Crime of State and Aggravated International Responsibility of the State. XVI. Reparations for Damage to the Project of Life and to the Project of After-Life (Spiritual Damage). XVII. Wide Scope of Conventional Obligations of Protection under Human Rights Treaties. XVIII. The Universal Juridical Conscience and the Right to Cultural Identity. XIX. The Legal Regime of Provisional Measures of Protection and Their Tutelary Character. XX. Obligations Erga Omnes of Protection and Drittwirkun g. PART TWO: INTERNATIONAL COURT OF JUSTICE I. The Presence of the Human Person in the Essence of Inter-State Disputes. II. Territory and People Together: The Overcoming of the Exclusively Territorialist Outlook. III. Demarcation of Frontiers and Living Conditions of Nomadic Populations. IV. The Human Ends of the State and Their Projection onto the International Legal Order. V. The Relevance of Compromissory Clauses in Human Rights Treaties. VI. The Relevance of Compromissory Clauses in Environmental Law Treaties. VII. The Primacy of the Right of Access to Justice over State Immunities in Face of International Crimes. VIII. The Jus Cogens Prohibition of Torture and the Principle of Universal Jurisdiction. IX. International Legal Personality of Individuals and the Right to Procedural Equality in International Administrative Law. X. Violations of Human Rights Established by the International Court of Justice. XI. The Individual as Beneficiary of Reparations in Inter-State Cases. XII. The Relevance of General Principles of International Law. XIII. The Autonomous Legal Regime of Provisional Measures of Protection. XIV. Joinder of Cases.
- Volume
-
bk. 3 : hardback ISBN 9789004340039
Description
The current volume supplements Volume 1 and 2 of The Construction of a Humanized International Law, which contains a selection of the Individual Opinions of Judge Antonio A. Cancado Trindade (1991-2013), former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Volume 3 brings these texts up to date till 2015. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antonio A. Cancado Trindades major doctrinal contribution. His great achievement at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations.
We also offer this title as part of a 3 volume set (isbn 9789004375048).
Table of Contents
- Preface by Dean Spielmann
- General Introduction by Andrew Drzemczewski
- 1. Implied Powers of International Tribunals -Separate Opinion in the case concerning Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua versus Colombia, Preliminary Objections, Judgment of 17.03.2016) 2. The Universal Juridical Conscience, Humaneness and the Condemnation of Genocide -Dissenting Opinion in the case of the Application of the Convention against Genocide (Croatia versus Serbia, Judgment of 03.02.2015) 3. The Universal Juridical Conscience, Humaneness and the Obligation of Nuclear Disarmament -Dissenting Opinion in the case of Obligations Concerning Negotiations Relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands versus India, Jurisdiction, Judgment of 05.10.2016) -Dissenting Opinion in the case of Obligations Concerning Negotiations Relating to Cessation of the Nuclear Arms Race and to Nuclear -Disarmament (Marshall Islands versus United Kingdom, Jurisdiction, Judgment of 05.10.2016) -Dissenting Opinion in the case of Obligations Concerning Negotiations Relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands versus Pakistan, Jurisdiction, Judgment of 05.10.2016) 4. Victims' Right to Reparations for War Damages -Declaration in the case of Armed Activities on the Territory of the Congo (D.R. Congo versus Uganda, Order [Reparations], of 01.07.2015) -Declaration in the case of Armed Activities on the Territory of the Congo (D.R. Congo versus Uganda, Order [Reparations], of 11.04.2016) 5. The Evolving Law on Conservation of Living Species -Separate Opinion in the case of Whaling in the Antarctic (Australia versus Japan, New Zealand Intervening, Judgment of 31.03.2014) 6. The Relevance of General Principles of International Law. -Separate Opinion in the case concerning the Obligation to Negotiate Access to the Pacific Ocean (Bolivia versus Chile, Preliminary Objections, Judgment of 24.09.2015) -Separate Opinion in the case of Questions Relating to the Seizure and Detention of Certain Documents and Data (Timor-Leste versus Australia, Order, Provisional Measures, of 03.03.2014) 7. The Autonomous Legal Regime of Provisional Measures of Protection -Separate Opinion in the joined cases of Certain Activities Carried out by Nicaragua in the Border Area (Costa Rica versus Nicaragua) and Construction of a Road in Costa Rica along the San Juan River (Nicaragua versus Costa Rica) (Judgment of 16.12.2015) -Separate Opinion in the case of Questions Relating to the Seizure and Detention of Certain Documents and Data (Timor-Leste versus Australia, Order, Provisional Measures [Modification], of 22.04.2015).
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