Pub Date : 2020-02-21DOI: 10.1163/9789004255074_018
A. Augusto, Cançado Trindade
Basic considerations of humanity are, in fact, omnipresent in the whole corpus juris of contemporary International Law. Such considerations have met with recognition in international case-law. For many years the more lucid international legal doctrine has been warning as to the need to bear in mind basic considerations of humanity to ensure the evolution of International Law in such a way as to enable this latter to fulfil effectively the needs and aspirations of the international community. International Law has a role to play in curbing arms trade, and extracting the juridical consequences of the illegality of all weapons of mass destruction, including nuclear weapons International Law has a role to play in the regulation of a new international order, going beyond the classic Westphalian model of a strictly inter-State dimension.Keywords:corpus juris; Humanity; International Law; International Legal Doctrine
{"title":"Basic Considerations of Humanity in the Corpus Juris of International Law","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_018","DOIUrl":"https://doi.org/10.1163/9789004255074_018","url":null,"abstract":"Basic considerations of humanity are, in fact, omnipresent in the whole corpus juris of contemporary International Law. Such considerations have met with recognition in international case-law. For many years the more lucid international legal doctrine has been warning as to the need to bear in mind basic considerations of humanity to ensure the evolution of International Law in such a way as to enable this latter to fulfil effectively the needs and aspirations of the international community. International Law has a role to play in curbing arms trade, and extracting the juridical consequences of the illegality of all weapons of mass destruction, including nuclear weapons International Law has a role to play in the regulation of a new international order, going beyond the classic Westphalian model of a strictly inter-State dimension.Keywords:corpus juris; Humanity; International Law; International Legal Doctrine","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130739779","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-21DOI: 10.1163/9789004255074_016
A. Augusto, Cançado Trindade
The conceptual construction of the right to peace in International Law has antecedents in successive initiatives taken, in distinct contexts at international level, along the XXth century. The antecedents of the right to peace also comprise the long-standing tradition of UNESCO of sponsoring studies to foster a culture of peace. The right to peace was duly inserted into the framework of human rights, which was taken into account to assert peace as a right and a duty. The right to development reinforces existing rights, and renders it unwarranted to invoke so-called requirements of material development in order to try to justify restrictions to the exercise of guaranteed human rights. The United Nations Development Program (UNDP) started working on the elaboration of the concept of human development, in the framework of a reassessment of the guidelines of the three previous United Nations Decades for Development.Keywords:conceptual construction; human development; human rights; international law; right to development; right to peace; UNESCO; United Nations Development Program (UNDP)
{"title":"Conceptual Constructions: The Right to Peace and the Right to Development","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_016","DOIUrl":"https://doi.org/10.1163/9789004255074_016","url":null,"abstract":"The conceptual construction of the right to peace in International Law has antecedents in successive initiatives taken, in distinct contexts at international level, along the XXth century. The antecedents of the right to peace also comprise the long-standing tradition of UNESCO of sponsoring studies to foster a culture of peace. The right to peace was duly inserted into the framework of human rights, which was taken into account to assert peace as a right and a duty. The right to development reinforces existing rights, and renders it unwarranted to invoke so-called requirements of material development in order to try to justify restrictions to the exercise of guaranteed human rights. The United Nations Development Program (UNDP) started working on the elaboration of the concept of human development, in the framework of a reassessment of the guidelines of the three previous United Nations Decades for Development.Keywords:conceptual construction; human development; human rights; international law; right to development; right to peace; UNESCO; United Nations Development Program (UNDP)","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130920495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-21DOI: 10.1163/9789004255074_011
A. Augusto, Cançado Trindade
The consolidation of the legal personality and capacity of the individual as subject of international law constitutes the most precious legacy of the international legal thinking of the second half of the XXth century. Such thinking overcame the exclusion of the individual from the international legal order by State legal positivism, and achieved the rescue of the individual as subject of International Law. In considering the position of individuals in International Law, the thinking of the so-called founding fathers of the law of nations is not to pass unnoticed. In the initial period of formation of International Law the influence exercised by their writings was indeed considerable, understandably, given the need of articulation and systematization of the matter. The consolidation of the international legal personality of individuals, as active as well as passive subjects of International Law, enhances accountability in International Law for abuses perpetrated against human beings.Keywords:international law; international legal order; law of nations; legal personality; legal positivism
{"title":"The Legal Personality of the Individual as Subject of International Law","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_011","DOIUrl":"https://doi.org/10.1163/9789004255074_011","url":null,"abstract":"The consolidation of the legal personality and capacity of the individual as subject of international law constitutes the most precious legacy of the international legal thinking of the second half of the XXth century. Such thinking overcame the exclusion of the individual from the international legal order by State legal positivism, and achieved the rescue of the individual as subject of International Law. In considering the position of individuals in International Law, the thinking of the so-called founding fathers of the law of nations is not to pass unnoticed. In the initial period of formation of International Law the influence exercised by their writings was indeed considerable, understandably, given the need of articulation and systematization of the matter. The consolidation of the international legal personality of individuals, as active as well as passive subjects of International Law, enhances accountability in International Law for abuses perpetrated against human beings.Keywords:international law; international legal order; law of nations; legal personality; legal positivism","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126798431","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-21DOI: 10.1163/9789004255074_025
A. Augusto, Cançado Trindade
A critical review of classic doctrine concerning the regimes of protection of the human person reveals that it used to endorse a rather compartmentalized outlook, - distinguishing the International Law of Human Rights, International Refugee Law and International Humanitarian Law, - due in great part to an exagerated emphasis in the distinct historical origins of the three regimes of protection. The character of jus cogens of non-refoulement places this latter above political considerations both of States and of political organs of international organizations; in this way, it also calls the attention to the importance of the access of the individuals to justice at international level. Despite the incongruities of the practice of States in our times, the opinio juris communis enlightens the path to follow, which is prevalence of the fundamental rights of the human person in all and any circumstances. Keywords:International Human Rights Law; International Humanitarian Law; International Refugee Law; jus cogens; non-refoulement
{"title":"Basic Considerations of Humanity in Relation to the Convergences of Regimes of Protection of the Human Person","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_025","DOIUrl":"https://doi.org/10.1163/9789004255074_025","url":null,"abstract":"A critical review of classic doctrine concerning the regimes of protection of the human person reveals that it used to endorse a rather compartmentalized outlook, - distinguishing the International Law of Human Rights, International Refugee Law and International Humanitarian Law, - due in great part to an exagerated emphasis in the distinct historical origins of the three regimes of protection. The character of jus cogens of non-refoulement places this latter above political considerations both of States and of political organs of international organizations; in this way, it also calls the attention to the importance of the access of the individuals to justice at international level. Despite the incongruities of the practice of States in our times, the opinio juris communis enlightens the path to follow, which is prevalence of the fundamental rights of the human person in all and any circumstances. Keywords:International Human Rights Law; International Humanitarian Law; International Refugee Law; jus cogens; non-refoulement","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130089223","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-21DOI: 10.1163/9789004425217_032
A. Trindade
{"title":"Select Bibliography","authors":"A. Trindade","doi":"10.1163/9789004425217_032","DOIUrl":"https://doi.org/10.1163/9789004425217_032","url":null,"abstract":"","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"12 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120834947","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-21DOI: 10.1163/EJ.9789004153837.I-1236.320
A. Augusto, Cançado Trindade
The sustained and continuing validity of the general principles of International Law provides the foundations for the application of its norms. In this turmoiled beginning of the XXIst century, there is growing need to reaffirm, in particular, the primacy of International Law over force. Interventions in inter-state relations disclose the disparities of power among States, unilaterally decided by the same power which executes them, acting unjustifiably as judge and party in each case, perpetrating acts of force against those who cannot defend themselves. The worldwide survey Customary International Humanitarian Law, recently undertaken by the International Committee of the Red Cross, identifies the universal common core of International Humanitarian Law. In the last decades, one has witnessed a true conversion of the traditional and surpassed jus ad bellum into the jus contra bellum of our days; this is one of the most significant transformations of the contemporary international legal order.Keywords: humanitarian assistance; International Law; Jus Cogens
{"title":"The Primacy of International Law over Force","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/EJ.9789004153837.I-1236.320","DOIUrl":"https://doi.org/10.1163/EJ.9789004153837.I-1236.320","url":null,"abstract":"The sustained and continuing validity of the general principles of International Law provides the foundations for the application of its norms. In this turmoiled beginning of the XXIst century, there is growing need to reaffirm, in particular, the primacy of International Law over force. Interventions in inter-state relations disclose the disparities of power among States, unilaterally decided by the same power which executes them, acting unjustifiably as judge and party in each case, perpetrating acts of force against those who cannot defend themselves. The worldwide survey Customary International Humanitarian Law, recently undertaken by the International Committee of the Red Cross, identifies the universal common core of International Humanitarian Law. In the last decades, one has witnessed a true conversion of the traditional and surpassed jus ad bellum into the jus contra bellum of our days; this is one of the most significant transformations of the contemporary international legal order.Keywords: humanitarian assistance; International Law; Jus Cogens","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126826332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-21DOI: 10.1163/9789004255074_019
A. Augusto, Cançado Trindade
Endeavours towards general and complete disarmament, in their distinct aspects, have indeed been permeated with basic considerations of humanity. In order to avoid the proliferation of weapons of mass destruction, and to put an end to the existing arsenals of those weapons, multilateral mechanisms of their control and prohibition, as well as their destruction, have been conceived, and created by international conventions, which ought to be applied and strengthened, towards world disarmament. In the same line of thinking, the initiative was taken of establishing zones of peace in distinct continents, to give concrete expression to the emerging right to peace. The establishment, in the second half of the XXth century, of nuclear-weapon-free zones, surely responded to the needs and aspirations of humankind, so as to rid the world of the threat of nuclear weapons; furthermore, it gave expression to the growing disapproval of nuclear weapons by the international community.Keywords:disarmament; human security; humanity; international community; nuclear-weapon-free zones; zones of peace
{"title":"Basic Considerations of Humanity in Relation to Disarmament","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_019","DOIUrl":"https://doi.org/10.1163/9789004255074_019","url":null,"abstract":"Endeavours towards general and complete disarmament, in their distinct aspects, have indeed been permeated with basic considerations of humanity. In order to avoid the proliferation of weapons of mass destruction, and to put an end to the existing arsenals of those weapons, multilateral mechanisms of their control and prohibition, as well as their destruction, have been conceived, and created by international conventions, which ought to be applied and strengthened, towards world disarmament. In the same line of thinking, the initiative was taken of establishing zones of peace in distinct continents, to give concrete expression to the emerging right to peace. The establishment, in the second half of the XXth century, of nuclear-weapon-free zones, surely responded to the needs and aspirations of humankind, so as to rid the world of the threat of nuclear weapons; furthermore, it gave expression to the growing disapproval of nuclear weapons by the international community.Keywords:disarmament; human security; humanity; international community; nuclear-weapon-free zones; zones of peace","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"51 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132707438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-21DOI: 10.1163/9789004255074_028
A. Augusto, Cançado Trindade
International Law has marked its presence in the cycle of the World Conferences convened by the United Nations in the nineties and by the turn of the century. Eight years after the Vienna Conference, the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance duly stressed the value of mutual understanding and respect for cultural diversity. The Beijing Declaration, adopted by the IV World Conference on Women (1995), expressed its determination to advance the goals of equality, development and peace for all women everywhere in the interest of all humanity, as well as to ensure respect for international law, including humanitarian law, in order to protect women and girls in particular. The United Nations itself has summed up the message of its recent World Conferences in singling out their new people-centred, sustainable, gender-sensitive and social dimension, as well as the tuniversality of concernt regarding the issues dealt with.Keywords: Beijing Declaration; cultural diversity; international law; racism; United Nations; Vienna Conference; World Conferences; Xenophobia
{"title":"The Legacy of the Recent Cycle of World Conferences of the United Nations","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_028","DOIUrl":"https://doi.org/10.1163/9789004255074_028","url":null,"abstract":"International Law has marked its presence in the cycle of the World Conferences convened by the United Nations in the nineties and by the turn of the century. Eight years after the Vienna Conference, the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance duly stressed the value of mutual understanding and respect for cultural diversity. The Beijing Declaration, adopted by the IV World Conference on Women (1995), expressed its determination to advance the goals of equality, development and peace for all women everywhere in the interest of all humanity, as well as to ensure respect for international law, including humanitarian law, in order to protect women and girls in particular. The United Nations itself has summed up the message of its recent World Conferences in singling out their new people-centred, sustainable, gender-sensitive and social dimension, as well as the tuniversality of concernt regarding the issues dealt with.Keywords: Beijing Declaration; cultural diversity; international law; racism; United Nations; Vienna Conference; World Conferences; Xenophobia","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130126507","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-21DOI: 10.1163/9789004425217_034
A. Trindade
{"title":"Index","authors":"A. Trindade","doi":"10.1163/9789004425217_034","DOIUrl":"https://doi.org/10.1163/9789004425217_034","url":null,"abstract":"","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114413074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-21DOI: 10.1163/9789004255074_014
A. Augusto, Cançado Trindade
In rescuing the universalist vision which marked the origins of the most lucid doctrine of International Law, the process of humanization contributes to the construction of the new jus gentium of the XXIst century, oriented by the general principles of law. This process is enhanced by its own conceptual achievements, such as, to start with, the acknowledgement and recognition of jus cogens and the consequent obligations erga omnes of protection, followed by other concepts disclosing likewise a universalist perspective of the law of nations. In the domain of the safeguard of human rights, the objective character of the obligations of protection, the character of ordre public of the operation of the mechanisms of protection, the convergence on individual and collective interests in certain cases, are altogether elements bringing us closer to the actio popularis, as from the concept of obligations erga omnes.Keywords:actio popularis; human rights; international law; jus cogens; jus gentium; obligations erga omnes
{"title":"Conceptual Constructions: Jus Cogens and Obligations Erga Omnes","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_014","DOIUrl":"https://doi.org/10.1163/9789004255074_014","url":null,"abstract":"In rescuing the universalist vision which marked the origins of the most lucid doctrine of International Law, the process of humanization contributes to the construction of the new jus gentium of the XXIst century, oriented by the general principles of law. This process is enhanced by its own conceptual achievements, such as, to start with, the acknowledgement and recognition of jus cogens and the consequent obligations erga omnes of protection, followed by other concepts disclosing likewise a universalist perspective of the law of nations. In the domain of the safeguard of human rights, the objective character of the obligations of protection, the character of ordre public of the operation of the mechanisms of protection, the convergence on individual and collective interests in certain cases, are altogether elements bringing us closer to the actio popularis, as from the concept of obligations erga omnes.Keywords:actio popularis; human rights; international law; jus cogens; jus gentium; obligations erga omnes","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114957067","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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