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The Human Right to Health

Solidarity in the Era of Healthcare Commercialization

Eduardo Arenas Catalán

This timely book offers a fresh perspective on how to effectively address the issue of unequal access to healthcare. It analyses the human right to health from the underexplored legal principle of solidarity, proposing a non-commercial understanding of the positive obligations inherent in the right to health.
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Eduardo Arenas Catalán

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Cecilia M. Bailliet

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The Construction of the Customary Law of Peace

Latin America and the Inter-American Court of Human Rights

Cecilia M. Bailliet

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.
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Cecilia M. Bailliet

The nature of peace as a justiciable right or duty (or both) is recognized within the region, at times taking individual form, other times appearing as pertaining to the collective society, group, or state. This chapter presents the different facets of constitutional iterations of positive peace and explores its interrelationship with human rights. Furthermore, there is presentation of the increased attention to culture of peace initiatives through education and use of alternative dispute resolution in labor disputes.

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Russell Buchan and Nicholas Tsagourias

This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. It examines these rules as they apply to developing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations.
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Cecilia M. Bailliet

Although many of the former and current judges of the Court recognize peace as a regional or universal aim, there is a division regarding the justiciability of second- and third-generation rights, including peace. As a result, there are different justiciability paths for peace. It is suggested that the Inter-American Court of Human Rights concretely pursues implementation of peace through the issuance of non-repetition guarantees addressing structural violence. These orders often face challenges with compliance, thereby demonstrating the fragility of peace in practice. The Court has the possibility of defining the scope of a pro homine quality peace, thereby linking human rights to peace theory as a means of strengthening the value of the decisions.

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Russell Buchan and Nicholas Tsagourias

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Russell Buchan and Nicholas Tsagourias

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Reece Lewis

This innovative book extensively probes and reveals the existence of legal fictions in international law, developing a theory of their effectiveness and legitimacy. Reece Lewis argues that, since legal fictions exist in all systems and types of law, international law is no different and deserves discrete, detailed examination.