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Author: Antônio Augusto Cançado Trindade
Publisher: BRILL
ISBN: 9004425217
Category : Law
Languages : en
Pages : 770
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Book Description
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.
Author: Antônio Augusto Cançado Trindade
Publisher: BRILL
ISBN: 9004425217
Category : Law
Languages : en
Pages : 770
Get Book Here
Book Description
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.
Author: Laurence BURGORGUE-LARSEN
Publisher: Oxford University Press
ISBN: 0192699253
Category : Law
Languages : en
Pages : 577
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Book Description
At specific moments in the history of Africa, Europe, and Latin America, each region decided to create supranational jurisdictions to protect human rights. These are, in chronological order, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights. While each has been the subject of important, dedicated monographs, no major study has analysed both the institutional and jurisprudential issues of all three regional systems. The 3 Regional Human Rights Courts in Context: Justice That Cannot Be Taken for Granted is the first book to offer a comprehensive comparison of the three systems. Rather than merely juxtaposing analogous features, the book considers how the three courts operate as parts of a greater, integrated whole. Similarities and differences between the courts are illuminated alongside historical, political, and sociological insights, in addition to the book's primary legal focus. Close analysis of the processes by which the courts came into being makes it clear that, regardless of distinct political, cultural, or other variances, states on each of the three continents have chafed against international supervision. The book also debunks the common belief that, after the Second World War, the thrust of human rights initiatives was so powerful that states no longer need to discuss them. Justice cannot be taken for granted—a position further supported by the book's analysis of how each court has evolved and how their rulings have been implemented. Laurence Burgorgue-Larsen's dynamism and multidisciplinary approach makes it possible to truly understand the stakes behind the institutional and jurisprudential developments of the three regional human rights courts. This is a book that will interest not only legal practitioners but also specialists in international relations, human rights, and countless other fields.
Author: Antônio Augusto Cançado Trindade
Publisher: OUP Oxford
ISBN: 0191029556
Category : Law
Languages : en
Pages : 267
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Book Description
This book contends that the right of access to justice (at national and international levels) constitutes a basic cornerstone of the international protection of human rights, and conforms a true right to the Law. It amounts, lato sensu, to the right to the realization of justice. In such understanding, it comprises not only the formal access to a tribunal or judge, but also respect for the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution of judgments. On its part, the right to an effective domestic remedy is a basic pillar of the rule of law in a democratic society. In its part, the right of international individual petition, together with the safeguard of the integrity of international jurisdiction, constitute the basic foundations of the emancipation of the individual vis-à-vis his own State. This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens. Furthermore, the very notion of "victim" (encompassing direct, indirect and potential victims) has been the subject of a considerable international case-law. Victims have had their cause vindicated in situations of utmost adversity, if not defencelessness (e.g., abandoned or "street children", undocumented migrants, members of peace communities in situations of armed conflict, internally displaced persons, individuals in infra-human conditions of detention, surviving victims of massacres).
Author: Micha Wiebusch
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 207
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Book Description
About the publication Key reference work for diplomats and legal experts participating in international legal negotiations and transnational policy debates on governing the African continent. Highly recommended for developing courses, reading lists and other teaching materials on African International Law and African International Relations. Instrumental for developing innovative and impact-oriented research and policy strategies on the politics of making and implementing African International Law. What is African about African international law? The main aim of this book is to answer this question by developing a theory to explain how and why international law is Africanized. This includes explaining how Africanization relates both to the extent of continental norm setting by the Organization of African Unity and later the African Union, as the principal agent responsible for ‘African solutions to African problems’, and to the degree to which this African International Organization enforces these norms through varied continental accountability mechanisms. In this specific context, the book considers the different modalities through which the idea of Africa shapes, is shaped by and is embedded in international law making and implementation.
Author: Hakima Abbas
Publisher: Fahamu/Pambazuka
ISBN: 1906387257
Category : History
Languages : fr
Pages : 190
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Book Description
This collection of essays reviews the achievements of the African Commission on Human and Peoples' Rights on issues such as the rights of indigenous peoples, the position of refugees and displaced people in Africa, child rights and freedom of expression.
Author: Thoko Kaime
Publisher: PULP
ISBN: 0981442048
Category : African Charter on the Rights and Welfare of the Child
Languages : en
Pages : 260
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Book Description
The African Charter on the Rights and Welfare of the Child: A socio-legal perspectiveby Thoko Kaime2009ISBN: 978-0-9814420-4-4Pages: xii 247Print version: AvailableElectronic version: Free PDF available.
Author: Frans Viljoen
Publisher: OUP Oxford
ISBN: 019162683X
Category : Law
Languages : en
Pages : 661
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Book Description
This book provides a comprehensive and analytical overview of human rights law in Africa. It examines the institutions, norms, and processes for human rights realization provided for under the United Nations system, the African Union, and sub-regional economic communitites in Africa, and explores their relationship with the national legal systems of African states. Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions that are relevant to human rights in Africa. These include the Pan African Parliament, the Peace and Security Council, the Economic, Social and Cultural Council and the African Peer Review Mechanism of the New Partnership for Africa's Development. This book discusses the links between these institutions. It further examines the case law stemming from Africa' most important human rights instrument, the African Charter on Human and Peoples Rights, which entered into force on 21 October 1986. This new edition contains a new chapter on the African Children's Rights Committee as well as full coverage of new developments and instruments, such as the Convention on the Rights of Persons with Disabilities, the Convention on Enforced Disappearances, and the African Charter on Democracy, Elections and Governance. Three cross-cutting themes are explored throughout the book: national implementation and enforcement of international human rights law; legal and other forms of integration; and the role of human rights in the eradication of poverty. The book also provides an introduction to the relevant human rights concepts.
Author: IDOC (Center)
Publisher:
ISBN:
Category : African Charter on Human and People's Rights
Languages : en
Pages : 198
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Book Description
Author: Frank Adamson
Publisher: Edward Elgar Publishing
ISBN: 1839106034
Category : Political Science
Languages : en
Pages : 296
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Book Description
This insightful book analyses the process of the first adoption of guiding human rights principles for education, the Abidjan Principles. It explains the development of the Abidjan Principles, including their articulation of the right to education, the state obligation to provide quality public education, and the role of private actors in education.
Author: Jean-Marc Coicaud
Publisher: Brookings Institution Press
ISBN:
Category : Law
Languages : en
Pages : 228
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Book Description
International efforts to construct a set of standardised human rights guidelines are based upon the identification of agreed key values regarding the relationships between individuals and the institutions governing them, which are viewed as critical to the well-being of humanity and the character of being human. This publication considers these issues of justice at the national, regional, and international levels by analysing civil, political, economic and social rights aspects.
