Pub Date : 2020-02-21DOI: 10.1163/9789004255074_026
A. Augusto, Cançado Trindade
Closely linked to the basic issue of compulsory jurisdiction is the question of the efficacy of the specific methods of peaceful settlement of international disputes. As a technique of dispute-settlement, fact-finding has lately been utilized in pursuance of the prevalence of common and superior values, such as the search for justice and the safeguard of democracy and the rule of law. Two experiences of the search for ad hoc solutions may be singled out, given their contribution to contemporary techniques of dispute settlement: the process of Contadora, and of recourse to guarantor States. In the framework of the interrelationship between peaceful settlement and the renunciation of the use or threat of force in international relations, special attention is to be given to the endeavours of prevention of disputes at international level. Keywords:ad hoc solutions; compulsory jurisdiction; international disputes; international relations; judicial settlement; peaceful settlement; rule of law; use of force
{"title":"Peaceful Settlement of International Disputes: Current State and Perspectives","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_026","DOIUrl":"https://doi.org/10.1163/9789004255074_026","url":null,"abstract":"Closely linked to the basic issue of compulsory jurisdiction is the question of the efficacy of the specific methods of peaceful settlement of international disputes. As a technique of dispute-settlement, fact-finding has lately been utilized in pursuance of the prevalence of common and superior values, such as the search for justice and the safeguard of democracy and the rule of law. Two experiences of the search for ad hoc solutions may be singled out, given their contribution to contemporary techniques of dispute settlement: the process of Contadora, and of recourse to guarantor States. In the framework of the interrelationship between peaceful settlement and the renunciation of the use or threat of force in international relations, special attention is to be given to the endeavours of prevention of disputes at international level. Keywords:ad hoc solutions; compulsory jurisdiction; international disputes; international relations; judicial settlement; peaceful settlement; rule of law; use of force","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"42 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":"114494094","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_021
A. Augusto, Cançado Trindade
It ensues from the previous considerations that the U.N. International Law Commission's (ILC) Articles on State Responsibility (2001) are far from being the last word on the subject, as they reckon by themselves that in some respects the law on the subject in still in a stage of development, not ripe yet for codification. Yet, endeavours to this effect undertaken in recent years have taken into account basic considerations of humanity. State responsibility occupies a central place in the corpus juris of International Law, and irradiates itself to distinct areas or chapters of this latter. Awareness of its utmost relevance is fortunately more accute in these days, as the concept of the prevalence of the rule of law at both national and international levels gains increasing space in the international agenda of this first decade of the XXIst century, particularly in that of the U.N. General Assembly.Keywords: humanity; international law; rule of law; state responsibility; U.N. General Assembly; U.N. International Law Commission (ILC)
{"title":"Basic Considerations of Humanity in Relation to State Responsibility","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_021","DOIUrl":"https://doi.org/10.1163/9789004255074_021","url":null,"abstract":"It ensues from the previous considerations that the U.N. International Law Commission's (ILC) Articles on State Responsibility (2001) are far from being the last word on the subject, as they reckon by themselves that in some respects the law on the subject in still in a stage of development, not ripe yet for codification. Yet, endeavours to this effect undertaken in recent years have taken into account basic considerations of humanity. State responsibility occupies a central place in the corpus juris of International Law, and irradiates itself to distinct areas or chapters of this latter. Awareness of its utmost relevance is fortunately more accute in these days, as the concept of the prevalence of the rule of law at both national and international levels gains increasing space in the international agenda of this first decade of the XXIst century, particularly in that of the U.N. General Assembly.Keywords: humanity; international law; rule of law; state responsibility; U.N. General Assembly; U.N. International Law Commission (ILC)","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"24 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":"126034550","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_001
A. Trindade
{"title":"Preliminary Material","authors":"A. Trindade","doi":"10.1163/9789004425217_001","DOIUrl":"https://doi.org/10.1163/9789004425217_001","url":null,"abstract":"","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"15 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":"134235332","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_022
A. Augusto, Cançado Trindade
In historical perspective, the clean slate principle appeared as the most reasonable solution for the newly-emerged independent States within the specific context of decolonization, but State succession has occurred also in other contexts. Hence the complexities which have surrounded the matter in varying contexts and in distinct historical moments. Although the international practice on the matter throughout the nineties does not appear always uniform or wholly conclusive, it does contain, however, significant elements in support of the continuity of conventional obligations pertaining to human rights and humanitarian law, in the context of State succession. It could hardly be denied that nowadays a presumption has arisen in favour of the subsistence of conventional obligations pertaining to the protection of the rights of the human person. This presumption, in turn, discloses the fundamental values shared by the contemporary international community, overriding the "will" of individual States.Keywords:conventional obligations; human rights; international community; international law; state succession
{"title":"Basic Considerations of Humanity in Relation to State Succession","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_022","DOIUrl":"https://doi.org/10.1163/9789004255074_022","url":null,"abstract":"In historical perspective, the clean slate principle appeared as the most reasonable solution for the newly-emerged independent States within the specific context of decolonization, but State succession has occurred also in other contexts. Hence the complexities which have surrounded the matter in varying contexts and in distinct historical moments. Although the international practice on the matter throughout the nineties does not appear always uniform or wholly conclusive, it does contain, however, significant elements in support of the continuity of conventional obligations pertaining to human rights and humanitarian law, in the context of State succession. It could hardly be denied that nowadays a presumption has arisen in favour of the subsistence of conventional obligations pertaining to the protection of the rights of the human person. This presumption, in turn, discloses the fundamental values shared by the contemporary international community, overriding the \"will\" of individual States.Keywords:conventional obligations; human rights; international community; international law; state succession","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"31 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":"129493572","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_012
A. A. C. Trindade
{"title":"The Legal Capacity of the Individual as Subject of International Law","authors":"A. A. C. Trindade","doi":"10.1163/9789004425217_012","DOIUrl":"https://doi.org/10.1163/9789004425217_012","url":null,"abstract":"","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"12 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":"126078974","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 : 2010-07-12DOI: 10.1163/9789004255074_004
A. Augusto, Cançado Trindade
The incidence of the temporal dimension on International Law is acknowledged in face of new needs of protection of human beings, also in a preventive way. Awareness of such temporal dimension bears witness of the myopia of political " realism " and draws attention to the human quest for justice throughout history. The study of International Law, bearing in mind the ineluctable relation between time and law, discloses the shortcomings of the positivist-voluntarist conception of International Law, which proved incapable of explaining the historical formation and evolution of customary rules of general International Law. Th e central issue of the relation between time and law is, in fact, inherent to the very birth and exercise of individual rights. All the international case-law pertaining to human rights has developed, in a converging way, throughout the last decades, a dynamic or evolutive interpretation of the treaties of protection.Keywords:case-law; human rights; international law; realism; temporal dimension; time
{"title":"Time and Law Revisited: International Law and the Temporal Dimension","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_004","DOIUrl":"https://doi.org/10.1163/9789004255074_004","url":null,"abstract":"The incidence of the temporal dimension on International Law is acknowledged in face of new needs of protection of human beings, also in a preventive way. Awareness of such temporal dimension bears witness of the myopia of political \" realism \" and draws attention to the human quest for justice throughout history. The study of International Law, bearing in mind the ineluctable relation between time and law, discloses the shortcomings of the positivist-voluntarist conception of International Law, which proved incapable of explaining the historical formation and evolution of customary rules of general International Law. Th e central issue of the relation between time and law is, in fact, inherent to the very birth and exercise of individual rights. All the international case-law pertaining to human rights has developed, in a converging way, throughout the last decades, a dynamic or evolutive interpretation of the treaties of protection.Keywords:case-law; human rights; international law; realism; temporal dimension; time","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128908158","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 : 2010-07-12DOI: 10.1163/9789004255074_024
A. Augusto, Cançado Trindade
The adoption of the 1961 Vienna Convention on Diplomatic Relations and the 1963 Vienna Convention on Consular Relations, followed by their wide acceptance by the member States of the international community, was soon to be reckoned as a landmark in the codification of modern International Law. It was attributed to their pertaining to State conduct, rather than to "the substance of inter-State relations. Turning to the contemporary international practice on the matter, it may be pointed out that two weeks after the adoption of Advisory Opinion n. 16 by the Inter-American Court of Human Rights [IACtHR], the Ministry of External Relations of Mexico issued a circular note to all its diplomatic and consular posts stressing the importance of that Advisory Opinion and of due compliance with it. The matter dealt with in the Advisory Opinion was already occupying a special place, in recent years, in Mexico's diplomatic and consular practice.Keywords:consular law; diplomatic law; humanity; International Law
{"title":"Basic Considerations of Humanity in Relation to Diplomatic and Consular Law","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_024","DOIUrl":"https://doi.org/10.1163/9789004255074_024","url":null,"abstract":"The adoption of the 1961 Vienna Convention on Diplomatic Relations and the 1963 Vienna Convention on Consular Relations, followed by their wide acceptance by the member States of the international community, was soon to be reckoned as a landmark in the codification of modern International Law. It was attributed to their pertaining to State conduct, rather than to \"the substance of inter-State relations. Turning to the contemporary international practice on the matter, it may be pointed out that two weeks after the adoption of Advisory Opinion n. 16 by the Inter-American Court of Human Rights [IACtHR], the Ministry of External Relations of Mexico issued a circular note to all its diplomatic and consular posts stressing the importance of that Advisory Opinion and of due compliance with it. The matter dealt with in the Advisory Opinion was already occupying a special place, in recent years, in Mexico's diplomatic and consular practice.Keywords:consular law; diplomatic law; humanity; International Law","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131537857","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 : 2010-07-12DOI: 10.1163/9789004255074_017
A. Augusto, Cançado Trindade
The co-existence and complementarity of the international responsibility of States and the international criminal responsibility of individuals is related to the current trend towards the criminalization of grave violations of human rights, as well as the relationship between State responsibility and the struggle against impunity and the endeavours towards the realization of justice. The e conceptualization of the crime of State, its configuration and the relationship of that notion with the superior interests of the international community, deserve closer attention from contemporary international legal doctrine, as much as the juridical consequences of the crime of State, and the principle of universal jurisdiction. The acts of "particularly serious nature" would correspond to "international crimes" affecting the fundamental values of the international community, and the others - not revealing the same degree of gravity - would amount to "international delicts".Keywords:crime of state; criminalization; human rights; international community; international crimes; international responsibility; state responsibility; universal jurisdiction
{"title":"Conceptual Constructions: Responsibility for International Crimes and Universal Jurisdiction","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_017","DOIUrl":"https://doi.org/10.1163/9789004255074_017","url":null,"abstract":"The co-existence and complementarity of the international responsibility of States and the international criminal responsibility of individuals is related to the current trend towards the criminalization of grave violations of human rights, as well as the relationship between State responsibility and the struggle against impunity and the endeavours towards the realization of justice. The e conceptualization of the crime of State, its configuration and the relationship of that notion with the superior interests of the international community, deserve closer attention from contemporary international legal doctrine, as much as the juridical consequences of the crime of State, and the principle of universal jurisdiction. The acts of \"particularly serious nature\" would correspond to \"international crimes\" affecting the fundamental values of the international community, and the others - not revealing the same degree of gravity - would amount to \"international delicts\".Keywords:crime of state; criminalization; human rights; international community; international crimes; international responsibility; state responsibility; universal jurisdiction","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124391789","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 : 2010-07-12DOI: 10.1163/9789004255074_013
A. Augusto, Cançado Trindade
The examination of humankind as a subject of International Law does not exhaust itself in the identification and assertion of its common and superior interests. It calls for consideration of the fundamental principle of humanity and the basic considerations of humanity which mark presence in the whole corpus juris of International Law, of the legal consequences of the emergence of humankind as a subject of International Law, of the relevance of the human rights framework, and of the question of humankind's capacity to act and its legal representation. The prevalence of the principle of respect of dignity of human person is identified with the ultimate aim itself of Law, of the legal order, both national and international. The principle of the inalienability of the rights inherent to the human being is identified with a basic assumption of construction of the whole corpus juris of the International Law of Human Rights.Keywords:corpus juris; human rights framework; humanity; humankind; international law
{"title":"Humankind as a Subject of International Law","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_013","DOIUrl":"https://doi.org/10.1163/9789004255074_013","url":null,"abstract":"The examination of humankind as a subject of International Law does not exhaust itself in the identification and assertion of its common and superior interests. It calls for consideration of the fundamental principle of humanity and the basic considerations of humanity which mark presence in the whole corpus juris of International Law, of the legal consequences of the emergence of humankind as a subject of International Law, of the relevance of the human rights framework, and of the question of humankind's capacity to act and its legal representation. The prevalence of the principle of respect of dignity of human person is identified with the ultimate aim itself of Law, of the legal order, both national and international. The principle of the inalienability of the rights inherent to the human being is identified with a basic assumption of construction of the whole corpus juris of the International Law of Human Rights.Keywords:corpus juris; human rights framework; humanity; humankind; international law","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126967632","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 : 2010-07-12DOI: 10.1163/9789004255074_010
A. Augusto, Cançado Trindade
The emergence of international organizations, operating at both universal and regional levels, and in the most diverse domains of human activity (political, economic, social, cultural, and of human security), brought about an expansion of the corpus juris of International Law, starting with the international legal personality and capacity themselves. With the reassuring growth of multilateralism, international organizations fostered international cooperation. General debates preceding the adoption of resolutions in international organizations have afforded an opportunity for the ascertainment and assessment of the formation and evolving of the opinio juris. The assertion and recognition of the international legal personality of international organizations was accompanied pari passu by the acknowledgement of their treaty-making capacity. The work and dynamism of the international organizations have contributed decisively to modify the structure itself of the international legal order.Keywords:corpus juris; International Cooperation; international law; international organizations; multilateralism; opinio juris; treaty-making capacity
{"title":"International Organizations as Subjects of International Law","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_010","DOIUrl":"https://doi.org/10.1163/9789004255074_010","url":null,"abstract":"The emergence of international organizations, operating at both universal and regional levels, and in the most diverse domains of human activity (political, economic, social, cultural, and of human security), brought about an expansion of the corpus juris of International Law, starting with the international legal personality and capacity themselves. With the reassuring growth of multilateralism, international organizations fostered international cooperation. General debates preceding the adoption of resolutions in international organizations have afforded an opportunity for the ascertainment and assessment of the formation and evolving of the opinio juris. The assertion and recognition of the international legal personality of international organizations was accompanied pari passu by the acknowledgement of their treaty-making capacity. The work and dynamism of the international organizations have contributed decisively to modify the structure itself of the international legal order.Keywords:corpus juris; International Cooperation; international law; international organizations; multilateralism; opinio juris; treaty-making capacity","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"108 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125022360","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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