JUS GENTIUM OF THE 21ST CENTURY:THE CONTRIBUTION OF CANÇADO TRINDADE - DOI: 10.12818/P.0304-2340.2022v81p359

Abstract

This article aims at, on the basis of argumentative texts written by Cançado Trindade, in individual votes, consultive opinions and decisions as a judge in the InterAmerican Court of Human Rights (IACtHR) and in the International Court of Justice (ICJ), reinforcing his contributions to include the expansion of the jus cogens in the debates and decisions taken by the Courts, and, afterwards, in the jurisprudence established by them.The question that guides the study is: how the author Cançado Trindade has helped to consolidate the new jus gentium in the 21st century? In order to reach this purpose, we intend to provide an overview of the traditional International Law in the 20th century, by tracing its evolution, followed by the exam of the enlarged adoption of the jus cogens by the Court IDH and the Court ICJ, ending with the analysis of the author’s more relevant contributions to consolidate the new jus gentium in the 21st century. We used the empirical research in social sciences to study the adoption of the jus cogens by the Courts. The methodological resources applied were the documentary research in decisions, dissenting votes, separate votes and consultive opinions of the Courts. The results indicate that the author has given an effective contribution to the strengthening of the universalist and humanitarian views of International Law.