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Introduction to the Colombian constitution of 1991 and the Constitutional Court -- The role of the Constitutional Court -- Dignity and autonomy -- Equality -- Freedom of speech and freedom of religion -- Social rights -- The rights of victims and transitional justice -- The rights of indigenous peoples -- The president : problems of executive overreach -- The congress : problems of abdication and deliberation -- Constitutional amendment and the substitution of the constitution doctrine.
This challenging volume gathers a selection of the mass of material available from the major human rights instruments, from first drafts, legislative histories, and contemporary commentaries, from more recent scholarship as well as from the General Comments and Concluding Observations and Recommendations of the various treaty monitoring bodies relating to the topic of the unborn child. Contemporary reinterpretations of these documents are held up to the searchlight of historical context, including a reminder of the original purpose and meaning and the philosophical foundation of modern international human rights law.
This is the 2002 third edition of William A. Schabas's highly praised study of the abolition of the death penalty in international law. Extensively revised to take account of developments in the field since publication of the second edition in 1997, the book details the progress of the international community away from the use of capital punishment, discussing in detail the abolition of the death penalty within the United Nations human rights system, international humanitarian law, European human rights law and Inter-American human rights law. New chapters in the third edition address capital punishment in African human rights law and in international criminal law. An extensive list of appendices contains many of the essential documents for the study of capital punishment in international law. The Abolition of the Death Penalty in International Law is introduced with a Foreword by Judge Gilbert Guillaume, President of the International Court of Justice.
The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law."
In the past two decades, democratically elected executives across the world have used their popularity to push for legislation that, over time, destroys systems of checks and balances, hinders free and fair elections, and undermines political rights and civil liberties. Using and abusing institutions and institutional reform, some executives have transformed their countries' democracies into competitive authoritarian regimes. Others, however, have failed to erode democracy. What explains these different outcomes? Resisting Backsliding answers this question. With a focus on the cases of Hugo Chávez in Venezuela and Alvaro Uribe in Colombia, the book shows that the strategies and goals of the opposition are key to understanding why some executives successfully erode democracy and others do not. By highlighting the role of the opposition, this book emphasizes the importance of agency for understanding democratic backsliding and shows that even weak oppositions can defeat strong potential autocrats.
This edition of the Inter-American Yearbook on Human Rights , like the volumes that precede it, includes information concerning the activities of the Organization of American States in the promotion & protection of human rights. It begins with the composition of the Commission & Court, including the biographies of the members, 1988 activities of each body, reproductions of resolutions & reports by the Commission & historic correspondences & decisions by the Court. Also included is an update on the status of the American Convention on Human Rights, which reports the relation of each country to that instrument, followed by resolutions adopted in 1988 by the OAS General Assembly. The year 1988 ...
This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace.
This innovative study demonstrates how mixed judicial selection operates to influence judges' and courts' decisions. Written in non-technical language, it will be useful to scholars, students, and those interested in judicial behavior and politics.
"Like Judge Cortes, Major Orozco was not part of the conspiracy. He was unaware that he was to be the fall guy who would take the blame when the news of the massacre broke. Unwittingly, Major Orozco played his role perfectly. He promised Judge Cortes that he would inform the general in charge of the region and request reinforcements. Immediately, he sent a report to General Jaime Uscátegui...He recommended sending three battalions in three helicopters... Nothing was done." "Orozco's crime was clear: He told the truth. "In a system like the one that exists in Colombia, the truth ruins everyone's prospects and accounts for the high level of indifference and silence, since no one will risk say...