Recueil Des Cours, Collected Courses, Tome 408
Description:... Reflections on the Realization of Justice in the Era of Contemporary International Tribunals by Antônio Augusto CANÇADO TRINDADE:
Reflections on the realization of justice are much needed in the era of contemporary international tribunals, given the significant role they play now facing new challenges, with the recent restrictions unduly imposed upon the United Nations Organization itself. International jurisdiction has lately expanded with the operation of international tribunals, protecting vulnerable persons in distinct domains of international law, and seeking to face new needs in their jurisprudential construction. The evolving law of nations is grounded on the universal juridical conscience (recta ratio), and guided by general principles of law and human values. Despite the regrettable division of the ICJ in the three recent cases on the Universal Obligation of Nuclear Disarmament (Judgments of 05.10.2016), - to which the author appended his three Dissenting Opinions, - the U.N. General Assembly fortunately decided. (by the end of 2016) to convene a Conference, held at the first half of 2017, which drafted and adopted (on 07.07.2017) the Treaty on the Prohibition of Nuclear Weapons, to the benefit of humankind. The needs of humankind as subject of international law transcend the insufficient and misleading optics of the "will" of individual States only; there is primacy of raison d ́humanité over raison d ́État.
Party Autonomy in International Family Law by C. GONZÁLEZ BEILFUSS:
Party autonomy, i.e. the power of parties to select the applicable law, is increasingly used in International family law. This course follows this development and questions whether rules that have been developed in relation to commercial contracts work also for personal relationships. This involves an in- depth analysis of the functions of party autonomy in Private international law and the needs of families in contemporary society. The latter has often been neglected in Private international law theory that has uncritically assumed a normative idea of family life and failed to consider the care work families do in society and the different roles assumed by family members in accordance to gender.
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