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Author | : María José Falcón y Tella |
Publisher | : BRILL |
Total Pages | : 362 |
Release | : 2021-01-18 |
Genre | : Law |
ISBN | : 9004439455 |
Download Challenges to Legal Theory Book in PDF, ePub and Kindle
Challenges to Legal Theory offers the reader a fascinating journey through a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience.
Author | : Mónica Feria Tinta |
Publisher | : BRILL |
Total Pages | : 697 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9004165134 |
Download The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child Book in PDF, ePub and Kindle
This is the first comprehensive treatment of the topic of the Rights of the Child as reflected in the jurisprudence of the Inter-American Court of Human Rights. It reviews all decisions of the Inter-American Court relating to the Rights of the Child and analyses the principles held therein making them available to practitioners, academics and students of this area of the law.
Author | : Günter Abel |
Publisher | : Walter de Gruyter GmbH & Co KG |
Total Pages | : 374 |
Release | : 2016-10-10 |
Genre | : Philosophy |
ISBN | : 3110493357 |
Download The Power of Distributed Perspectives Book in PDF, ePub and Kindle
How do people and institutions manage to bring their different perspectives into an effective and productive interplay? How can we overcome obstacles for the creative potentials of distributed perspectives? Traditionally, the perspectives of people and institutions are considered to be fixed and isolated points of view. In such a picture, the perspectives seem determined in advance by positions and persons seem trapped within their perspectival horizons. In contrast, the new approach of this volume’s contributions focuses on the simple but fundamental fact that people (in their perceiving, speaking, thinking, and acting) always already refer to fellow human beings and coordinate their own perspectives with those of other persons and institutions. The contributions of the present volume concentrate on the structures, mechanisms, and dynamics of the interplays of different perspectives of interacting, communicating, and cooperating persons and institutions. The volume focuses on how the creative potentials as well as the organizational effectiveness of distributed perspectives can be set free.
Author | : Antônio Augusto Cançado Trindade |
Publisher | : Hotei Publishing |
Total Pages | : 1910 |
Release | : 2015-01-27 |
Genre | : Law |
ISBN | : 9004251030 |
Download Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law Book in PDF, ePub and Kindle
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).
Author | : Antônio Augusto Cançado Trindade |
Publisher | : OUP Oxford |
Total Pages | : 272 |
Release | : 2011-08-25 |
Genre | : Law |
ISBN | : 0191029556 |
Download The Access of Individuals to International Justice Book in PDF, ePub and Kindle
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 | : Carlos Fernández de Casadevante Romani |
Publisher | : Springer Science & Business Media |
Total Pages | : 279 |
Release | : 2012-07-11 |
Genre | : Law |
ISBN | : 3642281400 |
Download International Law of Victims Book in PDF, ePub and Kindle
After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.
Author | : Núria Saura-Freixes |
Publisher | : Taylor & Francis |
Total Pages | : 185 |
Release | : 2023-02-24 |
Genre | : Law |
ISBN | : 0429559046 |
Download Human Rights Defenders and the Law Book in PDF, ePub and Kindle
This book presents a comprehensive examination of the Declaration on Human Rights Defenders and provides an analysis of the level of its reflection in regional human rights systems. The work explores the development of the role of the individual in human rights protection since the 1998 United Nations Declaration on Human Rights Defenders. It locates the nature, activities and need for protection of human rights defenders within the current international legal framework and outlines the place and scope for a specific right to promote and protect human rights. It traces the origins of the right and the main international instruments that define it, both at national and international level. Finally, it considers the impact that the right to defend human rights can have on constitutional and international law. The book will be a valuable resource for academics and researchers working in the areas of International Human Rights Law and Constitutional Law.
Author | : Raymond Anthony Rocco |
Publisher | : Editorial Complutense |
Total Pages | : 350 |
Release | : 2006 |
Genre | : |
ISBN | : 8474918219 |
Download Transnationalism Book in PDF, ePub and Kindle
Author | : Antônio Augusto Cançado Trindade |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 753 |
Release | : 2013-06-17 |
Genre | : Law |
ISBN | : 9004255079 |
Download International Law for Humankind Book in PDF, ePub and Kindle
This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.
Author | : Jean d’Aspremont |
Publisher | : Edward Elgar Publishing |
Total Pages | : 960 |
Release | : 2018 |
Genre | : Law |
ISBN | : 1783474688 |
Download Concepts for International Law Book in PDF, ePub and Kindle
Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.