The Construction Of A Humanized International Law Inter American Court Of Human Rights

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Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law

Author : Antônio Augusto Cançado Trindade
Publisher : Hotei Publishing
ISBN 13 : 9004251030
Total Pages : 1910 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law by : Antônio Augusto Cançado Trindade

Download or read book Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law written by Antônio Augusto Cançado Trindade and published by Hotei Publishing. This book was released on 2015-01-27 with total page 1910 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Antônio A. Cançado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. 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 Antônio A. Cançado Trindade ́s major doctrinal contribution. Revisiting the traditional conceptions of the basis of State responsibility and of jurisdiction, the problems of amnesty laws, the prohibitions of jus cogens, the imperative of access to justice in the light of jus cogens, the obligations erga omnes of protection, the provisional measures of protection, locus standi in judicio and the international legal personality of the human person, jus standi and the international legal capacity of the human person, and developments in reparations, are but a few examples of the themes examined in the learned Opinions expressed by Judge Cançado Trindade at the Inter-American Court of Human Rights. The great achievement of Judge Cançado Trindade 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. The volume includes a Preface by Dean Spielmann and a General Introduction by Andrew Drzemczewski. Two volume set. This title comprises volume 1 & 2. We also offer this title as part of a 3 volume set (isbn 9789004375048).

The Global Community Yearbook of International Law and Jurisprudence 2017

Author : Giuliana Ziccardi Capaldo
Publisher : Oxford University Press
ISBN 13 : 0190923857
Total Pages : 920 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis The Global Community Yearbook of International Law and Jurisprudence 2017 by : Giuliana Ziccardi Capaldo

Download or read book The Global Community Yearbook of International Law and Jurisprudence 2017 written by Giuliana Ziccardi Capaldo and published by Oxford University Press. This book was released on 2018-10-19 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2017 edition of The Global Community Yearbook both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of both UN-based tribunals and regional courts. The 2017 edition continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists. It also includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the erosion of the postwar liberal global order by national populism and the accompanying disorder in global politics, a bifurcated global nuclear order due to the Nuclear Non-proliferation Treaty and the Nuclear Weapons Prohibition Treaty, and the expansion of the principle of no-impunity and its application to serious violations of social and economic rights. New to the 2017 edition, the author of the article in Recent Lines of International Thought will now talk about their own work as a Scholar/Judge. In addition, this edition memorializes the late M. Cherif Baasiouni. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization. This publication can also be purchased on a standing order basis.

Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law

Author : Antônio Augusto Cançado Trindade
Publisher : BRILL
ISBN 13 : 9004340041
Total Pages : 780 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law by : Antônio Augusto Cançado Trindade

Download or read book Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law written by Antônio Augusto Cançado Trindade and published by BRILL. This book was released on 2017-03-06 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Antônio A. Cançado 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 Antônio A. Cançado Trindade ́s 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).

International Law for Humankind

Author : Antônio Augusto Cançado Trindade
Publisher : BRILL
ISBN 13 : 9004425217
Total Pages : 770 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis International Law for Humankind by : Antônio Augusto Cançado Trindade

Download or read book International Law for Humankind written by Antônio Augusto Cançado Trindade and published by BRILL. This book was released on 2020-03-17 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully updated and covering the new challenges and dangers which have emerged since publication of the previous edition, the new 3rd Edition of International Law for Humankind builds on the revised and adapted text of a General Course on Public International Law delivered by the Author at The Hague Academy of International Law. Professor Cançado Trindade develops his Leitmotiv of identification of a corpus juris increasingly oriented to the fulfillment of the needs and aspirations of human beings, of peoples and of humankind as a whole. With the overcoming of the purely inter-State dimension of the discipline of the past, international legal personality has expanded, so as to encompass nowadays, besides States and international organizations, also peoples, individuals and humankind as subjects of International Law. The growing consciousness of the need to pursue universally-shared values has brought about a fundamental change in the outlook of International Law in the last decades, drawing closer attention to its foundations and, parallel to its formal sources, to its material source (the universal juridical conscience). He examines the conceptual constructions of this new International Law and identifies basic considerations of humanity permeating its whole corpus juris, disclosing the current processes of its humanization and universalization. Finally, he addresses the construction of the international rule of law, acknowledging the need and quest for international compulsory jurisdiction, in the move towards a new jus gentium, the International Law for humankind.

International Law Reports: Volume 181

Author : Christopher Greenwood
Publisher : Cambridge University Press
ISBN 13 : 110847358X
Total Pages : 799 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International Law Reports: Volume 181 by : Christopher Greenwood

Download or read book International Law Reports: Volume 181 written by Christopher Greenwood and published by Cambridge University Press. This book was released on 2019-06-06 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: Decisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 181 is devoted to the 2018 judgment of the Grand Chamber of the Court of Justice of the European Union in Slovak Republic v. Achmea BV, the 2018 judgment of the Grand Chamber of Court of Justice of the European Union in R (Western Sahara Campaign UK) v. Commissioners for Her Majesty's Revenue and Customs and Another and the translated judgment of the Norwegian Borgarting Court of Appeal in Huseini v. Ministry of Justice and Public Security.

Post-Backlash Human Rights Law

Author : Sanja Dragić
Publisher : BRILL
ISBN 13 : 9004514791
Total Pages : 252 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Post-Backlash Human Rights Law by : Sanja Dragić

Download or read book Post-Backlash Human Rights Law written by Sanja Dragić and published by BRILL. This book was released on 2022-10-24 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post-Backlash Human Rights Law explores a battle of narratives before the emergence of “post-backlash human rights law” – rules generated by the international human rights community and opposing states in reaction to the backlash.

Dignity as a Human Right?

Author : George P. Smith
Publisher : Rowman & Littlefield
ISBN 13 : 1498584209
Total Pages : 177 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Dignity as a Human Right? by : George P. Smith

Download or read book Dignity as a Human Right? written by George P. Smith and published by Rowman & Littlefield. This book was released on 2018-11-27 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dignity is seen, commonly, as an ethical obligation owed to human persons. The dimensions of this obligation are subject to wide discussion and defy universal agreement. Dignity is seen, commonly, as an ethical obligation owed to human persons. Dignity as a Human Right? examines dignity within the prism of death, and more particularly, its humane and dignified management. Although there is no domestic or international right to die with dignity, within the right to life should, arguably, be a right to dignity and self-determination especially at its end-stage; for, a powerful interface exists between the right to human dignity and the very right to life, to love and humanity as well as compassion at its conclusion. Legislative efforts--nationally and internationally--have begun to recognize a right to die with dignity when a condition of medical futility exists. There are presently five states and the District of Columbia, together with a judicial interpretation from the Montana Supreme Court, which recognize death assistance for the terminally ill. Internationally, Canada, Belgium, the Netherlands, and Switzerland are seen as leaders in this recognition. The United Nations has played a significant role in framing end-of-life decision making within the ambit of human rights protection. The UN Charter states unequivocally that the dignity and worth of the human person must be protected and safeguarded. Similarly, among other instruments, the Universal Declaration on Human Rights acknowledges that all human beings are born free and equal in dignity and rights.

The League of Nations and the Development of International Law

Author : P. Sean Morris
Publisher : Routledge
ISBN 13 : 100043494X
Total Pages : 259 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The League of Nations and the Development of International Law by : P. Sean Morris

Download or read book The League of Nations and the Development of International Law written by P. Sean Morris and published by Routledge. This book was released on 2021-09-09 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the contributions to International Law of individual members of the Advisory Committee of Jurists in the League of Nations, and the broader national and discursive legal traditions of which they were representative. It adopts a biographical approach that complements existing legal narratives. Pre-1914 visions of a liberal international order influenced the post-1919 world based on the rule of law in civilised nations. This volume focuses on leading legal personalities of this era. It discusses the scholarly work of the ACJ wise men, their biographical notes, and narrates their contribution as legal scholars and founding fathers of the sources of international law that culminated in their drafting of the statute of the Permanent Court of International Justice, the forerunner of the International Court of Justice. The book examines visions of world law in a liberal international order through social theory and constructivism, historical examination of key developments that influenced their career and their scholarly writings and international law as a science. The book will be a valuable reference for those working in the areas of International Law, Legal History, Political History and International Relations.

Research Handbook on International Procedural Law

Author : Joanna Gomula
Publisher : Edward Elgar Publishing
ISBN 13 : 1788970799
Total Pages : 717 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on International Procedural Law by : Joanna Gomula

Download or read book Research Handbook on International Procedural Law written by Joanna Gomula and published by Edward Elgar Publishing. This book was released on 2024-06-05 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook provides a detailed exploration of the principles and rules that impact the procedures and operation of international courts and tribunals. Within this framework, leading experts examine how the evolution of procedural rules and concepts has given rise to a distinct body of rules known as international procedural law.

Fighting Machines

Author : Dan Saxon
Publisher : University of Pennsylvania Press
ISBN 13 : 0812298187
Total Pages : 261 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Fighting Machines by : Dan Saxon

Download or read book Fighting Machines written by Dan Saxon and published by University of Pennsylvania Press. This book was released on 2021-12-03 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lethal autonomous weapons are weapon systems that can select and destroy targets without intervention by a human operator. Fighting Machines explores the relationship between lethal autonomous weapons (LAWS), the concept of human dignity, and international law. Much of this analysis speaks to three fundamental and related problems: When a LAWS takes a human life, is that killing a violation of human dignity? Can states and non-state actors use LAWS in accordance with international law? And are there certain responsibilities of human decision-making during wartime that we should not delegate to machines? In the book, Dan Saxon argues that the use of LAWS to take human life constitutes a violation of human dignity. Rather than concentrating on the victims of the use of lethal force, Saxon instead focuses on the technology and relevant legal principles and rules to advance several propositions. First, as LAWS operate at increasingly greater speeds, their use will undermine the opportunities for, and the value of, human reasoning and judgment. Second, by transferring responsibility for reasoning and judgment about the use of lethal force to computer software, the use of LAWS violates the dignity of the soldiers, commanders, and law enforcement officers who historically have made such decisions, and, therefore, breaches international law. Third, weapon designs that facilitate teamwork between humans and autonomous systems are necessary to ensure that humans and LAWS can operate interdependently so that individuals can fulfil their obligations under international law—including the preservation of their own dignity—and ensure that human reasoning and judgment are available for cognitive functions better suited to humans than machines. Fighting Machines speaks to the fields of international humanitarian law, human rights, criminal law, and legal philosophy. It will also be of interest to non-lawyers, especially military officers, government policy makers, political scientists, and international relations scholars, as well as roboticists and ethicists.

Questions of Jurisdiction and Admissibility before International Courts

Author : Yuval Shany
Publisher : Cambridge University Press
ISBN 13 : 1107038790
Total Pages : 185 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Questions of Jurisdiction and Admissibility before International Courts by : Yuval Shany

Download or read book Questions of Jurisdiction and Admissibility before International Courts written by Yuval Shany and published by Cambridge University Press. This book was released on 2016 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.

The Struggle for Human Rights

Author : Nehal Bhuta
Publisher : Oxford University Press
ISBN 13 : 0192638378
Total Pages : 449 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Struggle for Human Rights by : Nehal Bhuta

Download or read book The Struggle for Human Rights written by Nehal Bhuta and published by Oxford University Press. This book was released on 2021-09-30 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Struggle for Human Rights evaluates the themes of law, politics, and practice which together define international human rights practice and scholarship. Taking as it's inspiration the 40 year career of international human rights advocate Philip Alston, this book of essays examines foundational debates central to the evolution of the human rights project. It critiques the reform of human rights institutions and reflects on the place of human rights practice in contemporary society. Bringing together leading scholars, practitioners, and critics of human rights from a variety of disciplines, The Struggle for Human Rights addresses the most urgent questions posed within the field of human rights today - its practice and its theory. Rethinking assumptions and re-evaluating strategies in the law, politics, and practice of international human rights, this book is essential reading for academics and human rights professionals around the world.

The Last Utopia

Author : Samuel Moyn
Publisher : Harvard University Press
ISBN 13 : 0674256522
Total Pages : 346 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Last Utopia by : Samuel Moyn

Download or read book The Last Utopia written by Samuel Moyn and published by Harvard University Press. This book was released on 2012-03-05 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.

The Humanization of International Law

Author : Theodor Meron
Publisher : Brill Nijhoff
ISBN 13 : 9789004151932
Total Pages : 0 pages
Book Rating : 4.1/5 (519 download)

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Book Synopsis The Humanization of International Law by : Theodor Meron

Download or read book The Humanization of International Law written by Theodor Meron and published by Brill Nijhoff. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Humanization of International Law is a revised and expanded version of the General Course on Public International Law delivered by the author at the Hague Academy of International Law in 2003.

The Fundamental Rules of the International Legal Order

Author : Christian Tomuschat
Publisher : BRILL
ISBN 13 : 9004149813
Total Pages : 483 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Fundamental Rules of the International Legal Order by : Christian Tomuschat

Download or read book The Fundamental Rules of the International Legal Order written by Christian Tomuschat and published by BRILL. This book was released on 2006 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.

The Nature of International Law

Author : Miodrag A. Jovanović
Publisher : Cambridge University Press
ISBN 13 : 1108473334
Total Pages : 287 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Nature of International Law by : Miodrag A. Jovanović

Download or read book The Nature of International Law written by Miodrag A. Jovanović and published by Cambridge University Press. This book was released on 2019-04-25 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nature of International Law provides a comprehensive analytical account of international law within the prototype theory of concepts.

International Law for Humankind

Author : Antônio Augusto Cançado Trindade
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004255079
Total Pages : 753 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Law for Humankind by : Antônio Augusto Cançado Trindade

Download or read book International Law for Humankind written by Antônio Augusto Cançado Trindade and published by Martinus Nijhoff Publishers. This book was released on 2013-06-17 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.