Abstract
The subject matter of this paper is a brief presentation of the primary elements comprising the normative conception of the individual which arises out of the views expressed by Judge Antonio Augusto Cancado Trindade from the International Court of Justice. They are contained in his dissenting and individual opinions to a range of rulings handed down by the Hague-based tribunal. Their directness, clarity and judicial merit, accompanied by the rejection of the central role of the state as the primary regulator of international public law, characteristics that result from analysis of the substantive layer of his statements, can serve at the present stage of development of international law as a starting point for a range of further considerations regarding the essence of international law, its condition, and the role it can play within the international community, alongside that of the role of international justices in shaping the international legal order.
Highlights
Antonio Augusto Cançado Trindade, retired professor of international law at the University of Brasilia, in 1995-2008 judge and Chief Justice of the International Court of Human Rights, was appointed in 2008 to the International Court of Justice for a 9-year term
Cançado Trindade emphasizes that this approach to the essence of international law contributes to limiting abuses that affect individuals, as well as grievous violations of human rights and international humanitarian law[5]
State immunity The construction of ius cogens in conjunction with grave violations of human rights and international humanitarian law allows Judge Cançado Trindade to explore aspects associated with the responsibility of the state towards the individual, and as a consequence the need to limit state immunity, if that immunity were to constitute a barrier to the realization of a constant feature in every legal order; this feature is referred to in the analysed conception as “rectitude”[49]
Summary
Antonio Augusto Cançado Trindade, retired professor of international law at the University of Brasilia, in 1995-2008 judge and Chief Justice of the International Court of Human Rights, was appointed in 2008 to the International Court of Justice for a 9-year term Since he has authored a large number of separate and dissenting opinions concerning verdicts handed down by the Hague-based tribunal[1]. Cançado Trindade emphasizes that this approach to the essence of international law contributes to limiting abuses that affect individuals, as well as grievous violations of human rights and international humanitarian law[5]. This basic theme is repeated throughout a range of variations and explications contained in a series of judicial writings. The United Nations, in our times, has sought the prevalence of the dictates of the universal juridical conscience, when aiming to secure dignified conditions of living to all peoples, in particular those subjected to oppression
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