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Vol 23 No 5 May/June 2018

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International Law for Humankind: Towards a New Jus Gentium 2nd ed

ISBN13: 9789004251052
Previous Edition ISBN: 9789004184282
Published: May 2013
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Paperback
Price: £85.00

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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 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 broughtabout 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. This new edition is updated till December 2012.

Public International Law
Preface to the Second Edition
Glossary of Abbreviations
Introduction: Preliminary Considerations

Part I Prolegomena
Chapter I The Evolution towards a New Jus Gentium: The International Law for Humankind
Chapter II Time and Law Revisited: International Law and the Temporal Dimension

Part II Foundations of International Law
Chapter III Foundations of International Law: The Role and Importance of Its Basic Principles
Chapter IV The Primacy of International Law over Force

Part III Formation of International Law
Chapter V Contemporary International Law-making: A Reassessment of the Theory of Formal “Sources” of International Law
Chapter VI The Material Source of International Law: Manifestations of the Universal Juridical Conscience

Part IV Subjects of International Law
Chapter VII States as Subjects of International Law and the Expansion of International Legal Personality
Chapter VIII International Organizations as Subjects of International Law
Chapter IX The Legal Personality of the Individual as Subject of International Law
Chapter X The Legal Capacity of the Individual as Subject of International Law
Chapter XI Humankind as a Subject of International Law

Part V Construction of the International Law for Humankind
Chapter XII Conceptual Constructions: Jus Cogens and Obligations Erga Omnes
Chapter XIII Conceptual Constructions: Common Heritage of Mankind and Common Concern of Mankind
Chapter XIV Conceptual Constructions: The Right to Peace and the Right to Development
Chapter XV Conceptual Constructions: Responsibility for International Crimes and Universal Jurisdiction

Part VI Humanization of International Law
Chapter XVI Basic Considerations of Humanity in the Corpus Juris of International Law
Chapter XVII Basic Considerations of Humanity in Relation to Disarmament
Chapter XVIII Basic Considerations of Humanity in Relation to the Law of Treaties
Chapter XIX Basic Considerations of Humanity in Relation to State Responsibility
Chapter XX Basic Considerations of Humanity in Relation to State Succession
Chapter XXI Basic Considerations of Humanity in Relation to Territory
Chapter XXII Basic Considerations of Humanity in Relation to Diplomatic and Consular Law
Chapter XXIII Basic Considerations of Humanity in Relation to the Convergences of Regimes of Protection of the Human Person

Part VII Settlement of Disputes
Chapter XXIV Peaceful Settlement of International Disputes: Current State and Perspectives
Chapter XXV International Rule of Law: The Need and Quest for International Compulsory Jurisdiction

Part VIII Perspectives
Chapter XXVI The Legacy of the Recent Cycle of World Conferences of the United Nations
Chapter XXVII Codification and Progressive Development of a Universal International Law
Chapter XXVIII Conclusions: International Law for Humankind – Towards a New Jus Gentium

Select Bibliography
Table of Cases