International Law for Humankind

International Law for Humankind PDF

Author: Antônio Augusto Cançado Trindade

Publisher: Martinus Nijhoff Publishers

Published: 2013-06-17

Total Pages: 753

ISBN-13: 9004255079

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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.

International Law for Humankind

International Law for Humankind PDF

Author: Antônio Augusto Cançado Trindade

Publisher: BRILL

Published: 2010-07-12

Total Pages: 719

ISBN-13: 9004189688

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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.

International Law for Humankind

International Law for Humankind PDF

Author: Antônio Augusto Cançado Trindade

Publisher: BRILL

Published: 2020-03-17

Total Pages: 770

ISBN-13: 9004425217

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Fully updated and covering the new challenges and dangers which have emerged since publication of the previous edition, the new 3rd Edition of International Law for Humankind builds on the revised and adapted text of a General Course on Public International Law delivered by the Author at The Hague Academy of International Law. Professor Cançado Trindade develops his Leitmotiv of identification of a corpus juris increasingly oriented to the fulfillment of the needs and aspirations of human beings, of peoples and of humankind as a whole. With the overcoming of the purely inter-State dimension of the discipline of the past, international legal personality has expanded, so as to encompass nowadays, besides States and international organizations, also peoples, individuals and humankind as subjects of International Law. The growing consciousness of the need to pursue universally-shared values has brought about a fundamental change in the outlook of International Law in the last decades, drawing closer attention to its foundations and, parallel to its formal sources, to its material source (the universal juridical conscience). He examines the conceptual constructions of this new International Law and identifies basic considerations of humanity permeating its whole corpus juris, disclosing the current processes of its humanization and universalization. Finally, he addresses the construction of the international rule of law, acknowledging the need and quest for international compulsory jurisdiction, in the move towards a new jus gentium, the International Law for humankind.

Fiduciaries of Humanity

Fiduciaries of Humanity PDF

Author: Evan J. Criddle

Publisher: Oxford University Press

Published: 2016

Total Pages: 393

ISBN-13: 0199397929

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Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people. In Fiduciaries of Humanity: How International Law Constitutes Authority, Evan J. Criddle and Evan Fox-Decent argue that these developments mark a turning point in the international community's conception of public authority. Under international law today, states serve as fiduciaries of humanity, and their authority to govern and represent their people is dependent on their satisfaction of numerous duties, the most general of which is to establish a regime of secure and equal freedom on behalf of the people subject to their power. International institutions also serve as fiduciaries of humanity and are subject to similar fiduciary obligations. In contrast to the receding classical model of public international law, which assumes an abiding tension between a state's sovereignty and principles of state responsibility, the fiduciary theory reconciles state sovereignty and responsibility by explaining how a state's obligations to its people are constitutive of its legal authority under international law. The authors elaborate and defend the fiduciary model while exploring its application to a variety of current topics and controversies, including human rights, emergencies, the treatment of detainees in counterterrorism operations, humanitarian intervention, and the protection of refugees fleeing persecution.

Rights and Civilizations

Rights and Civilizations PDF

Author: Gustavo Gozzi

Publisher: Cambridge University Press

Published: 2019-02-14

Total Pages: 409

ISBN-13: 1108474233

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Illustrates the origin and ways of Western hegemony over other civilizations across the world.

Law of Humanity Project

Law of Humanity Project PDF

Author: ukri Soirila

Publisher:

Published: 2021

Total Pages: 240

ISBN-13: 9781509938940

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"This book provides the first comprehensive introduction to the role of humanity in international law, offering a fresh perspective to a discussions with global implications. The 1990s and the first decade of the twenty-first century witnessed the sporadic emergence of a new vision of global law. Although the vision has taken many different forms, all instances of it have been uniform in the attempt of radically altering how we understand international law by seeking to posit the human as the primary subject of the international legal order and humanity as its main source of legitimacy. Together, this book calls these instances "the law of humanity project". In so doing, it also paints a picture of and critically assesses a particular moment in the history of international law - a moment which may have already come to a sudden end as a consequence of the current populist backlash in world politics, but during which it seemed inevitable that the law of humanity vision would come to play an increasingly important role in world affairs."

Jus Humanitatis

Jus Humanitatis PDF

Author: Valentin Tomberg

Publisher:

Published: 2023-05-18

Total Pages: 0

ISBN-13: 9781621389316

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At the beginning of 1944, Valentin Tomberg (1900-1973), best-known at the time for his Christological works, moved to Cologne at the invitation of legal scholar Ernst von Hippel, and that same year was awarded the title of Doctor of Law for his dissertation, published by Angelico Press as The Art of the Good: On the Regeneration of Fallen Justice. Tomberg had come to regard the modern path away from a natural law founded upon religion and towards a legal positivism oriented towards power as a degeneration of the different levels of law, a "fall" he sought to reverse in the direction of regeneration. In his second jurisprudential work, here published as Jus Humanitatis: The Right of Humankind as Foundation for International Law, Tomberg presents the history of international law more broadly in such a way that it can serve the peaceful coexistence of all nations on earth. Invoking Thomistic terms, he presents the step-by-step dismantling of the edifice of law as the eclipse of the lex divina and lex naturalis in the so-called "law of nations" or international law-to the point that the higher vocation of international law came to be understood as nothing more than a legitimizing of absolute power, which then led to the modern totalitarian state. In this inspired text, Tomberg equips us to set about reversing this degradation and establishing the right or law of humankind as foundation for international law. "In Tomberg's eyes, the human catastrophe of the Second World War was a consequence of the degeneration of jurisprudence that had begun in the medieval controversy between Realism and Nominalism, continued in the Renaissance and Early Modern period, led to the European revolutions, and culminated in the modern totalitarian state. In the present text, he sought passionately to contribute to a regeneration of jurisprudence."-Michael Frensch, author of Weisheit in Person, Die Wiederkunft Christi, etc. "In this book, written amid the final devastations of WWII, Valentin Tomberg, who along with some other German jurists was regarded as a leading representative of the idea of natural law, defended the position that international law-which he conceived as the right or law of humankind as a whole-had to stand above the law of states. For him, this meant that external intervention is justified when international law is violated." -Harrie Salman, author of Valentin Tomberg and the Ecclesia Universalis "Valentin Tomberg penned this great treatise on international law literally in the ruins of World War II, and one can sense his fear that we may have learned nothing from the horrific conflict. Here Tomberg traces what he calls Hitler's 'spiritual family tree' (which is essentially legal positivism), making the compelling case that only when divine law and natural law are restored to their place above a robust international law, will the international order remain stable and peaceful. Subsequent history has sadly proven his thesis to have been correct."-Brian M. McCall, Editor-in-Chief, Catholic Family News