ORDER AND JUSTICE: THE CONTRIBUTION OF CANÇADO TRINDADE TO THE HUMANIZATION OF THE INTERNATIONAL COURT OF JUSTICE - DOI: 10.12818/P.0304-2340.2022v81p429

Abstract

This paper highlights the role played
by Cançado Trindade in promoting the
recognition of the international legal
personality of individuals before the
International Court of Justice’s contentious
cases. It addresses how the Court’s institutional
design favors the continuance of a statecentric
international order and how Cançado
Trindade’s opinions challenged this order and
promoted an opening to the debate about
rights that goes beyond the statist dimension.
This paper is based on the English School
of International Relations theory, sustaining
that the Court’s judgments are pertinent
to a pluralistic perspective, while Cançado
Trindade belongs to the solidarist spectrum.
In conclusion, some considerations are made
about the relevance of Cançado Trindade’s
thought to the improvement of the Court’s
jurisprudence and to the understanding of its
crucial role in the protection of human rights
on the international level.