Home >
Law >
International Law >
Judge Antonio A. Cancado Trindade: The Construction of a Humanized International Law - A Collection of Individual Opinions (2013-2016), Volume 3

Judge Antonio A. Cancado Trindade: The Construction of a Humanized International Law - A Collection of Individual Opinions (2013-2016), Volume 3

Author: Antonio A. Cancado Trindade
Publisher: Brill Nijhoff
ISBN: 9789004340039
Published In: March 2017
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 3,936.80

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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.

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).