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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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The Construction of the Customary Law of Peace - Latin America and the Inter-American Court of Human Rights (Hardcover)
Loot Price: R3,176
Discovery Miles 31 760
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The Construction of the Customary Law of Peace - Latin America and the Inter-American Court of Human Rights (Hardcover)
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This thought-provoking book explores the emerging construction of a
customary law of peace in Latin America and the developing
jurisprudence of the Inter-American Court of Human Rights. It
traces the evolution of peace as both an end and a means: from a
negative form, i.e. the absence of violence, to a positive form
that encompasses equality, non-discrimination and social justice,
including gendered perspectives on peace. Cecilia M. Bailliet
offers an overview of the normative and institutional development
of peace in Latin America, before examining the heterogeneous
iterations of peace within Latin American constitutions and the
pluralistic views of current and former judges in the
Inter-American Court of Human Rights. The book argues that these
national variants should be in accordance with the American
Convention on Human Rights and related instruments as a minimum
framework, and should be interpreted in pursuit of the pro homine
principle, in which the most favourable law is applied to benefit
individuals regardless of its origin or status. It also presents an
overview of the historic protest marches of 2019 and the phenomenon
of oppressive peace tactics by the State. This book will be
critical reading for scholars and students of peace studies, human
rights, Latin American studies, gender studies, constitutional and
international public law, and legal history. It will also be of
interest for policy makers and peace practitioners both in Latin
America and beyond.
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