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Separate Opinion of Judge A.A. Cançado Trindade in the Case of Caesar versus Trinidad and Tobago (Merits, Judgment of 11.03.2005)

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Chapter Summary

This chapter is concerned with the adoption of the present Judgment of the Inter-American Court of Human Rights in the Caesar versus Trinidad and Tobago case. The author address the following points that are considered of key importance not only for a better understanding of the Court's decision in the present Caesar case, but also for the handling of future cases in which such issues may possibly also be raised: The humanization of the law of the treaties, as illustrated by developments concerning interpretation of treaties, reservations to treaties, denunciation of treaties, and termination and suspension of the operation of treaties; international rule of law: non-appearance before an international tribunal and the duty of compliance with its judgment; and the expanding material content and scope of jus cogens in contemporary international law. The Judgment fits squarely into its jurisprudence constante on the evolutive interpretation of jus cogens itself.

Keywords: Caesar; humanization; Inter-American Court of Human Rights; international rule of law; international tribunal; Trinidad and Tobago case



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