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Concurring Opinion of Judge A.A. Cançado Trindade in Advisory Opinion n. 18 on the Juridical Condition and Rights of Undocumented Migrants (of 17.09.2003)

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Chapter Summary

This chapter explains concurring opinion of Judge Antônio A. Cançado Trindade in the Advisory Opinion n. 18 of the Inter-American Court of Human Rights on The Juridical Condition and the Rights of the Undocumented Migrants. He first explains the civitas maxima gentium and the universality of the human kind, and the disparities of the contemporary world and the vulnerability of the migrants. Then, he discusses the reaction of the universal juridical conscience, the construction of the individual subjective right of asylum, and the position and the role of the general principles of Law. He also describes the fundamental principles as substratum of the legal order itself, the principle of equality and non-discrimination in the International Law of Human Rights, the emergence, the content and the scope of the jus cogens, and the emergence and the scope of the obligations erga omnes of protection (their horizontal and vertical dimensions).

Keywords: Inter-American Court of Human Rights; International Law; Judge Antônio A. Cançado Trindade; juridical condition; jus cogens; undocumented migrants



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