Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Separate Opinion of Judge A.A. Cançado Trindade in the Case of Las Palmeras versus Colombia (Preliminary Objections, Judgment of 04.02.2000)

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter discusses the present Judgment of the Inter-American Court of Human Rights on Preliminary Objections in the Las Palmeras case concerning Colombia, whereby the Court has dismissed the first, fourth and fifth objections, and has sustained the second and third preliminary objections interposed by the respondent State. The Court has reached a well-founded decision and in full conformity with the relevant norms of the American Convention on Human Rights. The absolute prohibition of grave violations of fundamental human rights-starting with the fundamental right to life-extends itself, in fact, well beyond the law of treaties, incorporated, as it is, likewise, in contemporary customary international law. Such prohibition gives prominence to the obligations erga omnes, owed to the international community as a whole. These latter clearly transcend the individual consent of the States, definitively burying the positivist-voluntarist conception of International Law.

Keywords: erga omnes; Human Rights; Inter-American Court of Human Rights; Las Palmeras; law of treaties; Preliminary Objections; respondent state

10.1163/9789004251038_044
/content/books/b9789004251038s044
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation