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Antonio Cançado Trindade, The Access of Individuals to International Justice, Oxford, Oxford University Press, 2011, 236pp., ISBN 9780199580965, (p/b) £29.99; 9780199580958, (h/b) £60.00.

Published online by Cambridge University Press:  05 February 2013

Johannes van Aggelen
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BOOK REVIEWS
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Leiden Journal of International Law , Volume 26 , Issue 1 , March 2013 , pp. 219 - 222
Copyright
Copyright © Foundation of the Leiden Journal of International Law 2013

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References

1 See also T. Meron, The Humanization of International Law (2006).

2 A. A. Cançado Trindade, Derecho Internacional de los Derechos Humanos: Esencia y Trascendencia (Votos en La Corte Interamericana de Derechos Humanos 1991–2006) (2007). The book contains 90 provocative and stimulating opinions in advisory as well as contentious procedures.

3 See his ‘Developments in the Rule of Exhaustion of Local Remedies in International Law’ doctoral thesis defended at the Cambridge Law Faculty in February 1978 and crowned with the York prize. See also A. A. Cançado Trindade, The Application of the Rule of Exhaustion of Local Remedies in International Law (1983).

4 In this connection, see Möller, J. and de Zayas, A., The United Nations Human Rights Case Law 1977–2008: A Handbook (2009)Google Scholar. The book considers in detail 1472 cases, but the 2011 Annual Report of the Human Rights Committee (A/66/40(VOL. I) and A/66/40(VOL. II, PART II)) already has 1959 cases listed. This is in sharp contrast with the individual complaint procedure under the Committee against Torture, which since its inception in 1989 has considered 462 cases (2011 Annual Report A/66/44), and the individual complaint procedure under the Committee on the Elimination of Racial Discrimination, which although being the first human rights treaty adopted, only listed 45 cases (2011 Annual Report, A/66/18).

5 See Vienna Convention on Consular Relations (Paraguay v. United States of America), Provisional Measures, Order of 9 April 1998, [1998] ICJ Rep. 248; LaGrand (Germany v. United States of America), Provisional Measures, Order of 3 March 1999, [1998] ICJ Rep. 9; LaGrand (Germany v. United States of America), Judgment, Judgement of 27 June 2001, [2001] ICJ Rep. 466; Avena and Other Mexican Nationals (Mexico v. United States of America), Judgement, Judgment of 31 March 2004, [2004] ICJ Rep. 12; Request for the Interpretation of Judgement of 31 March 2004 in the Case Concerning Avena and other Mexican Nationals (Mexico v. United States of America) (Mexico v. United States of America), Provisional Measures, Order of 16 July 2008, [2008] ICJ Rep. 311; Request for the Interpretation of Judgement of 31 March 2004 in the Case Concerning Avena and other Mexican Nationals (Mexico v. United States of America) (Mexico v. United States of America), Judgment, Judgment of 19 January 2009, [2009] ICJ Rep. 3.

6 ILC Draft Articles on State Responsibility, 1976 YILC, Vol. II (Part Two), at 75.

7 See The Concept of ‘State Crime’ as contained in Article 19 of Part One of the Draft, 1995 YILC, Vol. II (Part Two), at 47; and Draft Articles on State Responsibility – Chapter IV: International Crimes, 1996 YILC, Vol. II (Part Two), at 70. See also the very elucidatory article by the late D. Bowett, ‘Crimes of State and the 1996 Report of the International Law Commission on State Responsibility’, (1998) 9 EJIL 163.

8 Interim Conclusions of the Commission on Draft Article 19, 1998 YILC, Vol. II (Part Two), at 77.

9 See A. A. Cançado Trindade, International Law for Humankind: Towards a New Jus Gentium (I and II): General Course on Public International Law, Vol. 316 and 317 (2005), republished in 2010 as Volume 6 of The Hague Academy of International Law Monographs series.

10 See Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain), Second Phase, Judgment of 5 February 1970, [1970] ICJ Rep. 3, at 32 para. 33.