Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law

A Collection of Individual Opinions (2013-2016), Volume 3

Series:

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.

We also offer this title as part of a 3 volume set (isbn 9789004375048).
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Review Quotes

"The [set of] volumes by Judge Antônio A. Cançado Trindade - The Construction of a Humanized International Law - is an important addition to the Series “The Judges”: it portrays Judge Cançado Trindade´s endeavours, marked by deep knowledge and experience in the path towards the realization of international justice. The [ ] volumes are systematically presented, with the learned Individual Opinions of Judge Cançado Trindade covering virtually all chapters, and all the main topics, of contemporary international law. There is ample coherence in the author´s reasoning, going well beyond the settlement of disputes, into saying what the Law is, with close attention to fundamental principles and a substantial doctrinal elaboration, bringing law and justice together. This corresponds to Judge Cançado Trindade´s conception of the proper exercise of the international judicial function. In their preface and general introduction, Judge Dean Spielmann and Dr. Andrew Drzemczewski provide additional elements for a proper understanding of Judge Cançado Trindade´s influential humanist conceptualization. The [ ] volumes are a most valuable contribution to the study of contemporary international law, and are due to become a source of necessary consultation by scholars of the discipline of distinct generations" – Professor George R.B.Galindo, review article in: Revista do Instituto Brasileiro de Direitos Humanos 14/14 (2014)

Table of contents

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).