International law for humankind : : towards a new jus gentium / / Antônio Augusto Cançado Trindade.

• Superior document: Hague Academy of International Law Monographs ; Volume 10
• VerfasserIn: Trindade, Antônio Augusto Cançado, 1947-
• Place / Publishing House: Leiden ;, Boston : : Brill Nijhoff,, [2020]; ©2020
• Year of Publication: 2020
• Edition: Third revised edition
• Language: English
• Series: Hague Academy of International Law monographs ; Volume 10.
• Physical Description: 1 online resource.

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.

Table of Contents

Preliminary Material -- Introduction: Preliminary Considerations -- The Evolution towards a New Jus Gentium: The International Law for Humankind -- Time and Law Revisited: International Law and the Temporal Dimension -- Foundations of International Law: The Role and Importance of Its Basic Principles -- The Primacy of International Law over Force -- Contemporary International Law-making: A Reassessment of the Theory of Formal “Sources” of International Law -- The Material Source of International Law: Manifestations of the Universal Juridical Conscience -- States as Subjects of International Law and the Expansion of International Legal Personality -- International Organizations as Subjects of International Law -- The Legal Personality of the Individual as Subject of International Law -- The Legal Capacity of the Individual as Subject of International Law -- Humankind as a Subject of International Law -- Conceptual Constructions: Jus Cogens and Obligations Erga Omnes -- Conceptual Constructions: Common Heritage of Mankind and Common Concern of Mankind -- Conceptual Constructions: The Right to Peace and the Right to Development -- Conceptual Constructions: Responsibility for International Crimes and Universal Jurisdiction -- Basic Considerations of Humanity in the Corpus Juris of International Law -- Basic Considerations of Humanity in Relation to Disarmament -- Basic Considerations of Humanity in Relation to the Law of Treaties -- Basic Considerations of Humanity in Relation to State Responsibility -- Basic Considerations of Humanity in Relation to State Succession -- Basic Considerations of Humanity in Relation to Territory -- Basic Considerations of Humanity in Relation to Diplomatic and Consular Law -- Basic Considerations of Humanity in Relation to the Convergences of Regimes of Protection of the Human Person -- Peaceful Settlement of International Disputes: Current State and Perspectives -- International Rule of Law: The Need and Quest for International Compulsory Jurisdiction -- The Legacy of the Recent Cycle of World Conferences of the United Nations -- Codification and Progressive Development of a Universal International Law -- Conclusions: International Law for Humankind – Towards a New Jus Gentium -- Post Scriptum: New Challenges and the Ongoing Humanization of International Law -- Select Bibliography -- Table of Cases -- Index.