The Access of Individuals to International Justice


Book Description

This book contends that the right of access to justice (at national and international levels) constitutes a basic cornerstone of the international protection of human rights, and conforms a true right to the Law. It amounts, lato sensu, to the right to the realization of justice. In such understanding, it comprises not only the formal access to a tribunal or judge, but also respect for the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution of judgments. On its part, the right to an effective domestic remedy is a basic pillar of the rule of law in a democratic society. In its part, the right of international individual petition, together with the safeguard of the integrity of international jurisdiction, constitute the basic foundations of the emancipation of the individual vis-à-vis his own State. This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens. Furthermore, the very notion of "victim" (encompassing direct, indirect and potential victims) has been the subject of a considerable international case-law. Victims have had their cause vindicated in situations of utmost adversity, if not defencelessness (e.g., abandoned or "street children", undocumented migrants, members of peace communities in situations of armed conflict, internally displaced persons, individuals in infra-human conditions of detention, surviving victims of massacres).




Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law


Book Description

This volume is the sixth in the Series The Judges, which collects and synthesizes the opinions of leading international Judges of the contemporary era who have contributed significantly to the progressive development of international law. The current volume contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. Revisiting the traditional conceptions of the basis of State responsibility and of jurisdiction, the problems of amnesty laws, the prohibitions of jus cogens, the imperative of access to justice in the light of jus cogens, the obligations erga omnes of protection, the provisional measures of protection, locus standi in judicio and the international legal personality of the human person, jus standi and the international legal capacity of the human person, and developments in reparations, are but a few examples of the themes examined in the learned Opinions expressed by Judge Cançado Trindade at the Inter-American Court of Human Rights. The great achievement of Judge Cançado Trindade at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations. The volume includes a Preface by Dean Spielmann and a General Introduction by Andrew Drzemczewski. Two volume set. This title comprises volume 1 & 2. We also offer this title as part of a 3 volume set (isbn 9789004375048).




Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 21 (2005)


Book Description

This volume of the Inter-American Yearbook on Human Rights covers the year 2005 and is organized along the same lines as its predecessors. Part One provides general information concerning the Inter-American Commission on Human Rights, and Part Two contains information concerning the Inter-American Court of Human Rights. The print edition is available as a set of two volumes (9789004186941).










The Silent Language


Book Description




Cultural Intelligence


Book Description

In a global market where international teams, initiatives, and joint ventures are increasingly common, it is extremely important for people to integrate themselves in new cultures. Strategies for selecting and training people on global perspectives are critical for managing business. In this book, the authors develop the idea of cultural intelligence and examine its three essential facets: cognition, the ability to develop patterns from cultural cues; motivation, the desire and ability to engage others; and behavior, the capability to act in accordance with cognition and motivation. They explore the fundamental nature of cultural intelligence and its relationship to other frameworks of intelligence.-Back cover.




On Paradise Drive


Book Description

The author of the acclaimed bestseller Bobos in Paradise, which hilariously described the upscale American culture, takes a witty look at how being American shapes us, and how America's suburban civilization will shape the world's future. Take a look at Americans in their natural habitat. You see suburban guys at Home Depot doing that special manly, waddling walk that American men do in the presence of large amounts of lumber; super-efficient ubermoms who chair school auctions, organize the PTA, and weigh less than their children; workaholic corporate types boarding airplanes while talking on their cell phones in a sort of panic because they know that when the door closes they have to turn their precious phone off and it will be like somebody stepped on their trachea. Looking at all this, you might come to the conclusion that we Americans are not the most profound people on earth. Indeed, there are millions around the world who regard us as the great bimbos of the globe: hardworking and fun, but also materialistic and spiritually shallow. They've got a point. As you drive through the sprawling suburbs or eat in the suburban chain restaurants (which if they merged would be called Chili's Olive Garden Hard Rock Outback Cantina), questions do occur. Are we really as shallow as we look? Is there anything that unites us across the divides of politics, race, class, and geography? What does it mean to be American? Well, mentality matters, and sometimes mentality is all that matters. As diverse as we are, as complacent as we sometimes seem, Americans are united by a common mentality, which we have inherited from our ancestors and pass on, sometimes unreflectingly, to our kids. We are united by future-mindedness. We see the present from the vantage point of the future. We are tantalized, at every second of every day, by the awareness of grand possibilities ahead of us, by the bounty we can realize just over the next ridge. This mentality leads us to work feverishly hard, move more than any other people on earth, switch jobs, switch religions. It makes us anxious and optimistic, manic and discombobulating. Even in the superficiality of modern suburban life, there is some deeper impulse still throbbing in the heart of average Americans. That impulse is the subject of this book.




World Anthropologies


Book Description

Since its inception, anthropology's authority has been based on the assumption that it is a unified discipline emanating from the West. In an age of heightened globalization, anthropologists have failed to discuss consistently the current status of their practice and its mutations across the globe. World Anthropologies is the first book to provoke this conversation from various regions of the world in order to assess the diversity of relations between regional or national anthropologies and a contested, power-laden Western discourse. Can a planetary anthropology cope with both the 'provincial cosmopolitanism' of alternative anthropologies and the 'metropolitan provincialism' of hegemonic schools? How might the resulting 'world anthropologies' challenge the current panorama in which certain allegedly national anthropological traditions have more paradigmatic weight - and hence more power - than others? Critically examining the international dissemination of anthropology within and across national power fields, contributors address these questions and provide the outline for a veritable world anthropologies project.




Transforming Modernity


Book Description

Is popular culture merely a process of creating, marketing, and consuming a final product, or is it an expression of the artist's surroundings and an attempt to alter them? Noted Argentine/Mexican anthropologist Néstor García Canclini addresses these questions and more in Transforming Modernity, a translation of Las culturas populares en el capitalismo. Based on fieldwork among the Purépecha of Michoacán, Mexico, some of the most talented artisans of the New World, the book is not so much a work of ethnography as of philosophy—a cultural critique of modernism. García Canclini delineates three interpretations of popular culture: spontaneous creation, which posits that artistic expression is the realization of beauty and knowledge; "memory for sale," which holds that original products are created for sale in the imposed capitalist system; and the tourist outlook, whereby collectibles are created to justify development and to provide insight into what capitalism has achieved. Transforming Modernity argues strongly for popular culture as an instrument of understanding, reproducing, and transforming the social system in order to elaborate and construct class hegemony and to reflect the unequal appropriation and distribution of cultural capital. With its wide scope, this book should appeal to readers within and well beyond anthropology—those interested in cultural theory, social thought, and Mesoamerican culture.