Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530304
Category : Law
Languages : en
Pages : 1435
Book Description
Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 22 (2006)
Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530304
Category : Law
Languages : en
Pages : 1435
Book Description
Publisher: BRILL
ISBN: 9004530304
Category : Law
Languages : en
Pages : 1435
Book Description
Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 17 (2001)
Author: Inter-American Commission on Human Rights
Publisher: Martinus Nijhoff Publishers
ISBN: 9004530215
Category : Law
Languages : en
Pages : 675
Book Description
The print edition is available as a set of three volumes (9789004151352).
Publisher: Martinus Nijhoff Publishers
ISBN: 9004530215
Category : Law
Languages : en
Pages : 675
Book Description
The print edition is available as a set of three volumes (9789004151352).
The Access of Individuals to International Justice
Author: Antônio Augusto Cançado Trindade
Publisher: OUP Oxford
ISBN: 0191018910
Category : Law
Languages : en
Pages : 1108
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).
Publisher: OUP Oxford
ISBN: 0191018910
Category : Law
Languages : en
Pages : 1108
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).
The Interpretation of International Law by Domestic Courts
Author: Helmut Philipp Aust
Publisher: Oxford University Press
ISBN: 0191059412
Category : Law
Languages : en
Pages : 401
Book Description
The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.
Publisher: Oxford University Press
ISBN: 0191059412
Category : Law
Languages : en
Pages : 401
Book Description
The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.
Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 20 (2004)
Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9047443977
Category : Law
Languages : en
Pages : 1509
Book Description
Publisher: BRILL
ISBN: 9047443977
Category : Law
Languages : en
Pages : 1509
Book Description
Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 19 (2003)
Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530258
Category : Law
Languages : en
Pages : 795
Book Description
Publisher: BRILL
ISBN: 9004530258
Category : Law
Languages : en
Pages : 795
Book Description
The Inter-American Court of Human Rights
Author: Laurence Burgorgue-Larsen
Publisher: OUP UK
ISBN: 0199588783
Category : Law
Languages : en
Pages : 948
Book Description
This book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.
Publisher: OUP UK
ISBN: 0199588783
Category : Law
Languages : en
Pages : 948
Book Description
This book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.
Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 21 (2005)
Author: Inter-American Commission on Human Rights
Publisher: BRILL
ISBN: 9004530274
Category : Law
Languages : en
Pages : 1471
Book Description
This volume of the Inter-American Yearbook on Human Rights covers the year 2005 and is organized along the same lines as its predecessors. Part One provides general information concerning the Inter-American Commission on Human Rights, and Part Two contains information concerning the Inter-American Court of Human Rights. The print edition is available as a set of two volumes (9789004186941).
Publisher: BRILL
ISBN: 9004530274
Category : Law
Languages : en
Pages : 1471
Book Description
This volume of the Inter-American Yearbook on Human Rights covers the year 2005 and is organized along the same lines as its predecessors. Part One provides general information concerning the Inter-American Commission on Human Rights, and Part Two contains information concerning the Inter-American Court of Human Rights. The print edition is available as a set of two volumes (9789004186941).
Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law
Author: Antônio Augusto Cançado Trindade
Publisher: Hotei Publishing
ISBN: 9004251030
Category : Law
Languages : en
Pages : 1910
Book 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 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).
Publisher: Hotei Publishing
ISBN: 9004251030
Category : Law
Languages : en
Pages : 1910
Book 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 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).
Spanish Yearbook of International Law 2001-2002
Author: Asociación Española de Profesores de Derecho Internacional y Relaciones Internacionales
Publisher: Martinus Nijhoff Publishers
ISBN: 900413977X
Category : Law
Languages : en
Pages : 557
Book Description
This Yearbook brings together information concerning Spanish legal practice and a bibliography over the period of one year and makes it available to an international readership. It deals with both private and public international law, taken in a broad sense to include summary treatment of international organizations of which Spain is a member.
Publisher: Martinus Nijhoff Publishers
ISBN: 900413977X
Category : Law
Languages : en
Pages : 557
Book Description
This Yearbook brings together information concerning Spanish legal practice and a bibliography over the period of one year and makes it available to an international readership. It deals with both private and public international law, taken in a broad sense to include summary treatment of international organizations of which Spain is a member.