Un Law, Fundamental Rights: Two Topics in International Law

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Brill Academic Pub, 1979 - 258 pagini
In its forty-fourth session the General Assembly of the United Nations proclaimed the 1990s as the Decade of International Law . One of the main purposes of the decade is the promotion of effective means for peaceful international dispute settlement, and, especially, strenghtening the role of & respect for the International Court of Justice, the principal judicial organ of the United Nations. The editors of this book contribute to this aim by bringing together a variety of opinions by international legal experts on peaceful dispute settlement. The subject is approached from different angles, ranging from the role of the International Law Commission & the Non-Aligned Movement to human rights & space law disputes, in order to identify areas of international law where room exists for further development of existing means for peaceful settlement of international disputes. A general conclusion which can be drawn from this survey is that the focus of attention should not be aimed primarily at strenghtening the role of the International Court of Justice, e.g. by amending some of its rules or by trying to increase its political acceptability through diplomatic efforts. Instead, the focus should be on small scale improvements within specific areas of international law with an emphasis on the relation between dispute settlement & supervision. Furthermore, it seems essential for a real improvement to give non-governmental organisations or private persons a greater role in upholding the rule of international law, whether in domestic courts or in international fora. This work has been published previously in the Leiden Journal of International Law, Special Issue (3 LJIL 90).

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Despre autor (1979)

Antonio Cassese (1937), Professor of International Law, University of Florence; former President of the Council of Europe Committee for the Prevention of Torture; former Judge and President of the International Criminal Tribunal for the former Yugoslavia; Chairman of the UN International Commission
of Enquiry into Violations of Human Rights and Humanitarian Law in Darfur; and a Member of the Institut de Droit International. Paola Gaeta (1967), Legal Assistant ICTY (1996/1997), PhD in Law, European University Institute (1997), Lecturer in international law University of Florence (1998/2001),
Associate Professor of International Law (2001/2005) full professor of international law (since 2005). Visiting Fellow at the Lauterpacht Centre for International Law, Cambridge, UK (2006) and at the TMC Asser Institute, The Hague (2007). Salvatore Zappala (1972), Legal Assistant ICTY (1995/1997),
PhD candidate European University Institute (1997/2000) Lecturer in international law University of Pisa (2001/2004), Associate Professor of International law University of Florence (2004/2006), Full Professor of International Law University of Catania (since 2006).

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