International Law in Portuguese

2021 ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Relevant Literature ◽  
African Countries ◽  
Current Prevalence ◽  
History Of ◽  
Legal Concepts ◽  
The Relationship ◽  
Domestic Law

Despite the current prevalence of English as a lingua franca in international law, many international lawyers in countries such as Portugal, Brazil, Mozambique, and Angola have written a number of works in Portuguese. While more than ever, scholars from Portuguese-speaking countries have contributed to international legal journals and edited volumes in English, international legal scholars still insist on writing in Portuguese for several reasons. Portugal and Brazil have a long history of engagement with international legal concepts, institutions, and rules, which also stems from their long and well-established diplomatic traditions. For centuries, Portuguese international lawyers, followed by those in Brazil, have dealt with international legal issues and reflected upon them in the Portuguese language. In addition, states where Portuguese is spoken that emerged after the decolonization movement have made the language relevant, especially in several African countries. Factors related to the editorial market are also noteworthy. Portuguese-speaking countries have populations that total nearly 300 million. A stable demand exists for works written in Portuguese: a significant number of international law textbooks are written in the language. One cannot underestimate the deliberate interest shown by some scholars in writing in Portuguese to stimulate a necessary polyphony in the international legal discipline and, in many cases, to give form to acts of resistance to what is seen as the prevalence of English in the current international law literature. International law literature written in Portuguese has shown a slight preference for specific topics, such as the law of the sea, sources, the relationship between international and domestic law, and human rights. The oceans have been economically and strategically crucial for Portugal and its former colonies for centuries. Preference given to sources is due also perhaps to the strong relevance that Romano-Germanic legal systems attach to formal legal sources. As seen in different parts of the world, the growing call for domestic actors, including courts, to interpret and apply international law helps to explain the increasing volume of work on the relationship between international and domestic law and human rights. This article has three main parts. The first part deals with Textbooks, Treatises, and Encyclopedias. The second concerns specific chapters of international law in which relevant literature written in Portuguese is identifiable. Although this article is mainly focused on books, the last section is devoted to the most pertinent international legal Journals and Blogs published in Portuguese. Most of the works are written by Brazilian scholars. However, this choice detracts in no way from the quality of scholarship in other Portuguese-speaking countries; rather, it derives from an attempt to present a wide variety of works, in different subfields of the discipline, in the Portuguese language. The higher number of books and journals published in Brazil derives from that country’s population of over 200 million and, consequently, to the presence of a large legal community there. Additionally, the existence of hundreds of law schools in that country and the fact that international law is a mandatory subject in their curricula are relevant factors.

Human Rights in War: On the Entangled Foundations of the 1949 Geneva Conventions

2018 ◽  
Vol 112 (4) ◽  
pp. 553-582 ◽  
Author(s):  
Boyd van Dijk
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
History Of ◽  
History Of International Law ◽  
The 1960S ◽  
The Relationship ◽  
Cross Fertilization

AbstractThe relationship between human rights and humanitarian law is one of the most contentious topics in the history of international law. Most scholars studying their foundations argue that these two fields of law developed separately until the 1960s. This article, by contrast, reveals a much earlier cross-fertilization between these disciplines. It shows how “human rights thinking” played a critical generative role in transforming humanitarian law, thereby creating important legacies for today's understandings of international law in armed conflict.

Economic and Labor Rights of Children

2020 ◽  
pp. 348-366
Author(s):  
Manfred Liebel
Keyword(s):  
Human Rights ◽  
International Law ◽  
Children's Rights ◽  
Moral Rights ◽  
Labor Rights ◽  
Social Rights ◽  
National Legislation ◽  
Working Children ◽  
Legal Concepts ◽  
The Relationship

This chapter attempts to answer the question of whether children have economic and labor rights and, if so, what that means in practice. With regard to international law, this chapter attempts to clarify the relationship between different areas of law and the relationship between various legal concepts that are relevant to the protection of children’s economic and labor rights. More specifically, the chapter explores the relationship between human rights in general and children’s rights in particular as well as the relationship between economic and social rights, human and labor rights, and legal and moral rights. This chapter also focuses on working children and their associations and which economic and labor rights they consider necessary. In addition, the chapter discusses how these rights are, or should be, reflected in international law and in national legislation. Finally, the key obstacles to protecting children’s economic and labor rights in international law are discussed, that is, what practical difficulties are to be overcome on the ground to realize and bring to life the economic and labor rights of children.

Constitutional Mindset: The Interrelations between Constitutional Law and International Law in the Extraterritorial Application of Human Rights

2017 ◽  
Vol 50 (2) ◽  
pp. 139-176
Author(s):  
Smadar Ben-Natan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Law ◽  
Control Agent ◽  
European Model ◽  
Cross Border ◽  
American Model ◽  
Legal Concepts ◽  
The Relationship ◽  
Dynamic Formation

Applying human rights beyond state borders is thorny. Which law governs the property rights of a Palestinian whose orchard lies across the Israeli border, or the cross-border shooting of a Mexican citizen by a United States border control agent? This article explores the relationship between constitutional law and international law in the extraterritorial enforcement of human rights by offering a typology of models: the American, European and Israeli models. These models are analysed comparatively, highlighting their chosen legal source of rights: the American model applies constitutional law, the European model uses international law, and Israel combines the two.The article argues that the choice between constitutional and international law is important as it affects the nature and scope of rights, and reflects the relationship between the state and the territory it controls or within which it acts. The dynamic formation process of the Israeli model demonstrates the multiple possible ways to combine these two sources of law and formulate the relationship between them.All three models share a ‘constitutional mindset’: the use of basic legal concepts and reasoning in legally grey zones. However, these transnational processes are not deterministic and could result in original concepts, contradictions and discrepancies, as well as serve different political visions.

THE CONTRIBUTION OF INTERNATIONAL LAW TO THE RESPECT FOR HUMAN RIGHTS AND THE ESTABLISHMENT OF A REAL STATE OF LAW IN LATINAMERICA

2015 ◽  
Vol 5 (2) ◽  
pp. 3
Author(s):  
Elizabeth Salmón
Keyword(s):  
Human Rights ◽  
International Law ◽  
The Individual ◽  
The Relationship ◽  
Domestic Law ◽  
Real State

To understand the relationship between international law and domestic law it is important to consider the humanization process that international law has been undergoing since 1945. This process involved the principle that international law covers both the relations between states and the protection of the individual.

Domestic Anti-Avoidance Legislation in Relation to Tax Treaty Law

2017 ◽  
Vol 6 (2) ◽  
pp. 312
Author(s):  
Shkumbin Asllani
Keyword(s):  
International Law ◽  
Tax Avoidance ◽  
International Taxation ◽  
Main Principle ◽  
Legal Practice ◽  
Tax Treaties ◽  
International Tax ◽  
Tax Payers ◽  
The Relationship ◽  
Domestic Law

In today’s international taxation most of the developing countries enter into tax treaties which are drafted in line with the OECD MC to eliminate double taxation. Yet, is well-known fact that tax treaties in practice are abused by tax payers, therefore, majority of states have introduce legislation specifically designed to prevent tax avoidance and protect their domestic interests. In legal practice and literature the act of overriding international tax treaties and denying treaty benefits in favour of domestic law provisions threatens main principle of international law and therefore is questionable to what extend the relationship between domestic law and international tax treaty agreements bridges the international norms.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Human Rights and the Mediatization of International Law

2010 ◽  
Vol 23 (3) ◽  
pp. 507-527 ◽  
Author(s):  
DANIEL JOYCE
Keyword(s):  
Human Rights ◽  
New Media ◽  
International Law ◽  
Theoretical Work ◽  
International Regulation ◽  
The Media ◽  
Legal Forms ◽  
Relationship Of ◽  
Communicative Capitalism ◽  
The Relationship

AbstractThis article considers the relationship of international law and the media through the prism of human rights. In the first section the international regulation of the media is examined and visions of good, bad, and new media emerge. In the second section, the enquiry is reversed and the article explores the ways in which the media is shaping international legal forms and processes in the field of human rights. This is termed the ‘mediatization of international law’. Yet despite hopes for new media and the Internet to transform international law, the theoretical work of Jodi Dean warns of the danger to democracy of commodification through the spread of ‘communicative capitalism’.

scholarly journals Hukum Internasional sebagai Alat Interpretasi dalam Pengujian Undang-Undang

2018 ◽  
Vol 15 (1) ◽  
pp. 73
Author(s):  
Umbu Rauta ◽  
Ninon Melatyugra
Keyword(s):  
Human Rights ◽  
International Law ◽  
Judicial Review ◽  
Review Process ◽  
Constitutional Court ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Republic ◽  
Constitutional Tradition ◽  
The Relationship

Tulisan ini ingin menjawab dua isu utama mengenai hubungan hukum internasional dan pengujian undang-undang oleh Mahkamah Konstitusi RI (MKRI). Isu pertama adalah legitimasi penggunaan hukum internasional sebagai alat interpretasi dalam pengujian undang-undang, sedangkan isu kedua adalah urgensi penguasaan hukum internasional oleh hakim MKRI. Tulisan ini merupakan penelitian hukum yang menggunakan pendekatan konseptual dan pendekatan historis dalam menjelaskan perkembangan pengujian undang-undang di Indonesia sekaligus menemukan legitimasi penggunaan hukum internasional oleh MK RI. Kesimpulan dari tulisan ini menegaskan bahwa hukum internasional memiliki sumbangsih yang penting dalam perannya sebagai alat interpretasi dalam proses pengujian undang-undang oleh Mahkamah Konstitusi, khususnya terkait hak asasi manusia. Justifikasi keabsahan praktik penggunaan hukum internasional tersebut ditarik dari tradisi ketatanegaraan yang secara implisit dikehendaki UUD NRI Tahun 1945. Manfaat positif yang diberikan hukum internasional nyatanya harus disertai juga dengan penguasaan hukum internasional oleh hakim MK RI supaya hukum internasional dapat digunakan secara tepat. Pembahasan dalam tulisan ini dibagi ke dalam empat sub bahasan inti yakni, pengujian undang-undang, penggunaan hukum internasional sebagai the interpretative tool dalam pengujian undang-undang oleh MK, legitimasi penggunaan hukum internasional sebagai the interpretative tool dalam pengujian undang-undang, pentingnya penguasaan hukum internasional oleh hakim MK.This article intentionally answers two principal issues regarding the relationship between international law and judicial review by the Constitutional Court of the Republic of Indonesia. The first issue is the legitimacy of international use as an interpretative tool in judicial review. The second issue talks about the necessity of urgent international law mastery by the Constitutional Court’s judges. This legal research utilizes both a conceptual approach and a historical approach to explain the development of judicial review in Indonesia, and to find legitimacy of international law by the Constitutional Court. The analysis in this article affirms that international law positively contributes as an interpretative tool in judicial review by the Constitutional Court, particularly pertaining to human rights. A justification of a legitimate international law use is withdrawn from constitutional tradition which is implicitly desired by the Indonesian Constitution (UUD NRI 1945). Since international law has provided better insights into norms, a mastery of international law should be encouraged. There are four main discussions in this article: judicial review, application of international law in judicial review process, legitimacy of international law application in judicial review, and the importance of international law mastering by Constitutional Court judges.

scholarly journals Roles of the Courts in New Zealand in Giving Effect to International Human Rights - with Some History

1999 ◽  
Vol 29 (1) ◽  
pp. 27 ◽  
Author(s):  
Kenneth J Keith
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Common Law ◽  
General Effect ◽  
International Affairs ◽  
The Common ◽  
The Right ◽  
Domestic Law

The Right Honourable Sir Kenneth Keith was the fourth speaker at the NZ Institute of International Affairs Seminar. In this article he describes and reflects upon the role of courts and judges in relation to the advancement of human rights, an issue covered in K J Keith (ed) Essays on Human Rights (Sweet and Maxwell, Wellington, 1968). The article is divided into two parts. The first part discusses international lawmakers attempting to protect individual groups of people from 1648 to 1948, including religious minorities and foreign traders, slaves, aboriginal natives, victims of armed conflict, and workers. The second part discusses how from 1945 to 1948, there was a shift in international law to universal protection. The author notes that while treaties are not part of domestic law, they may have a constitutional role, be relevant in determining the common law, give content to the words of a statute, help interpret legislation which is in line with a treaty, help interpret legislation which is designed to give general effect to a treaty (but which is silent on the particular matter), and help interpret and affect the operation of legislation to which the international text has no apparent direct relation. 

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