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Reflections on the Realization of Justice in the Era of Contemporary International Tribunals (Volume 408)

in The Hague Academy Collected Courses Online / Recueil des cours de l'Académie de La Haye en ligne
Author:
Antônio Augusto Cançado Trindade
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(31,885 words)

ABSTRACTReflections on the realization of justice are much needed in the era of contemporary international tribunals, given the significant role they play now facing new challenges, with the recent restrictions unduly imposed upon the United Nations Organization itself. International jurisdiction has lately expanded with the operation of international tribunals, protecting vulnerable persons in distinct domains of international law, and seeking to face new needs in their jurisprudential construction. The evolving law of nations is grounded on the universal juridical conscience (recta ratio), and guided by general principles of law and human values. Despite the regrettable division of the ICJ in the three recent cases on the Universal Obligation of Nuclear Disarmament (Judgments of 05.10.2016), - to which the author appended his three Dissenting Opinions, - the U.N. General Assembly fortunately decided. (by the end of 2016) to convene a Conference, held at the first half of 2017, which drafted and adopted (on 07.07.2017) the Treaty on the Prohibition of Nuclear Weapons, to the benefit of humankind. The needs of humankind as subject of international law transcend the insufficient and misleading optics of the “will” of individual States only; there is primacy of raison d´humanité over raison d´État.

The Hague Academy Collected Courses Online / Recueil des cours de l'Académie de La Haye en ligne

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