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郭国汀律师专栏
·清风洲轮货损争议案代理词/郭国汀
·航空货运运费争议案析/郭国汀
·上海亚通股份有限公司不服行政行为纠纷案代理词/郭国汀
·货代合同争议案上诉答辩状/郭国汀
·船舶保险合同争议上诉状/郭国汀
·涉外航空运输侵权争议案代理词/郭国汀
·苏东台渔02051与苏赣鱼02981船舶碰撞案情分析/郭国汀
·华亭进出口公司无单放货案代理词/郭国汀
·提单丢失应如何处理?郭国汀
·无单放货(记名提单)案评析/郭国汀
·五矿国际货运福建公司与厦门外轮代理有限公司保函争议再审案/郭国汀
·“新世纪”轮船舶保险合同(固定物、浮动物? )争议案的反思/郭国汀
·新世纪轮船舶保险合同争议上诉案代理词/郭国汀
·修船作业火损争议上诉案代理词/郭国汀
·海上货物运输合同争议案代理词/郭国汀
·一起重大船舶保险合同(告知义务)争议案之代理词/郭国汀
·浙江金纺诉日本川崎汽船株式会社无单放货争议案代理词/郭国汀
·中钢轮沉船货损争议案代理词/郭国汀
·中钢轮沉船货损争议上诉案代理词/郭国汀
·海上货运保险合同争议仲裁案代理词/郭国汀
***(9)财产保险,船舶保险,海上保险经典名案
·建达轮船舶保险合同争议上诉案代理词
·船舶保险合同争议案补充代理词
·海上货运保险合同争议案仲裁代理词
·海上货运保险合同货损争议案代理词
·驾驶员意外伤害保险争议案代理词
·保险代理合同答辩状
·安泰轮船舶保险合同争议上诉审代理词
·住房按揭保险合同争议上诉答辩状
·住房按揭保险合同争议上诉答辩状
·保险代理合同答辩状
·运输货运保险合同争议案代理词
·保证保险合同争议案代理词
·驾驶员意外伤害保险争议案上诉审代理词
·保证保险合同争议案答辩状
·股权转让合同争议仲裁案代理词
·保证保险合同代理词(修正)
·商品房按揭保证保险合同争议案上诉代理词
·信托货款合同争议案再审申请书
·关于所谓“酒后驾车险”的法律分折/郭国汀
***(60)郭国汀律师论文案析与评论
·论FOB合同下承运人签发提单的义务
· 论海上火灾免责
· 论海上火灾免责
·论承运人单位责任限制
·论提单适用法律条款与首要条款
·无正本提单放货若干法律问题
·从1906年英国海上保险法起草者说开去
·集装箱保险合同争议举证责任规则
·“新世纪”轮船舶保险合同(固定物、浮动物? )争议案的反思
·船舶保险合同(保证条款)争议案析
·记名提单若干问题研究
·集装箱保险合同若干法律问题
·船舶保险合同“船舶出租”应指光船出租
·试论船舶保险合同项下“碰撞、触碰”的法律含义
·“新世纪”轮船舶保险合同(固定物、浮动物? )争议案的反思
·水上油污若干法律问题 郭国汀
·油污国际公约若干问题 郭国汀
·海上油污损害赔偿适用法律研究/郭国汀
·《郭国汀海商法论文自选》
·处理货抵目的港后收货人不提货的措施
·评一起重大涉外海商纠纷案的判决
·托运人对海运合同货损、货差没有针对承运人的诉权
·海上货运合同货差纠纷案析
·共同海损案法律分析
·货物被骗属于货物一切险承保范围
·上海吉龙塑胶制品有限公司诉上海捷士国际货运代理有限公司无单放货争议案
·GENERAL TRADE诉绍兴县进出口公司国际货物买卖合同品质纠纷案析
·货代违约造成贸易合同毁约应向谁索赔损失?
·对一起复杂行政诉讼案的法律思考
·2002年国际船舶保险条款
·Peter . Liu劳动争议初步法律意见/郭国汀
·船舶保险合同(保证条款)争议案析/郭国汀
·自有集装箱被占用案初步法律意见/郭国汀
·马士基集团香港有限公司与中国包装进出口安微公司签发放行提单再审争议案析/郭国汀
·析一起签发放行记名提单再审争议案/郭国汀
·上海亚太国际集装箱储运有限公司诉天津海峡货运有限公司上海分公司海上货物运输合同货物被盗损失代位追偿案析/郭国汀
·海上保险合同争议起诉状/郭国汀
·民事答辩反诉状
·关于应当如何理解《INSTITUTE CARGO CLAUSES (A)》中“一切险”责任范围的咨询复函/郭国汀
·海运运费及代理费问题的解答/郭国汀
·美亚保险公司上海分公司诉BDP亚洲太平洋有限公司海上货运合同货损争议代位追偿案析/郭国汀
·货代违约造成贸易合同无效怎么办?郭国汀
·捷运通有限公司诉东方集团上海市对外贸易有限公司海上货运合同争议案析/郭国汀
·平安保险公司代位追偿案析/郭国汀
·记名提单若干法律问题上海吉龙塑胶制品有限公司诉上海捷士国际货运代理有限公司无单放货争议案析/郭国汀
·乐清外贸公司与长荣航运公司海上货物运输合同争议案初步法律意见书/郭国汀
·新世纪轮船舶保险合同争议上诉代理词
·“富江7号”轮沉船保险合同争议案析/郭国汀
·上海吉龙塑胶制品有限公司诉上海捷士国际货运代理有限公司无单放货争议案析/郭国汀
·马士基集团香港有限公司与中国包装进出口安微公司签发放行提单再审争议案析/郭国汀
·评一起重大涉外海商纠纷案的判决 郭国汀
·请教郭国汀律师有关留置权问题
·新加坡捷富意运通有限公司诉上海中波国际贸易有限公司运费争议案析/郭国汀
·中国海关实际运作的宣誓证言/郭国汀
·亚洲的国际商事仲裁中心及其仲裁制度的特点-颜云青 郭国汀译
·亚洲的国际商事仲裁中心及其仲裁制度的特点-颜云青 郭国汀 译(下)
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美洲人权公约(1969)

美洲人权公约(1969)
   American Convention on Human Rights (1969)
   
   Preamble

   The American states signatory to the present Convention,
   Reaffirming their intention to consolidate in this hemisphere, within the framework of democratic institutions, a system of personal liberty and social justice based on respect for the essential rights of man;
   Recognizing that the essential rights of man are not derived from one's being a national of a certain state, but are based upon attributes of the human personality, and that they therefore justify international protection in the form of a convention reinforcing or complementing the protection provided by the domestic law of the American states;
   Considering that these principles have been set forth in the Charter of the Organization of American States, in the American Declaration of the Rights and Duties of Man, and in the Universal Declaration of Human Rights, and that they have been reaffirmed and refined in other international instruments, worldwide as well as regional in scope;
   Reiterating that, in accordance with the Universal Declaration of Human Rights, the ideal of free men enjoying freedom from fear and want can be achieved only if conditions are created whereby everyone may enjoy his economic, social, and cultural rights, as well as his civil and political rights, and
   Considering that the Third Special Inter-American Conference (Buenos Aires, ~967) approved the incorporation into the Charter of the Organization itself of broader standards with respect to economic, social, and educational rights and resolved that an inter-American convention on human rights should determine the structure, competence, and procedure of the organs responsible for these matters,
   Have agreed upon the following:
   Signed at Inter-American Specialized Conference on Human Rights, San Jose, Costa Rica.
   Part I. State Obligations and Rights Protected
   CHAPTER I. GENERAL OBLIGATIONS
   ARTICLE I. OBLIGATION TO RESPECT RIGHTS
   1. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.
   2. For the purposes of this Convention, "person" means every human being.
   ARTICLE 2. DOMESTIC LEGAL EFFECTS
   Where the exercise of any of the rights or freedoms referred to in Article ''is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms.
   CHAPTER II. CIVIL AND POLITICAL RIGHTS
   ARTICLE 3. RIGHT TO JUDICIAL PERSONALITY
   Every person has the right to recognition as a person before the law.
   ARTICLE 4. RIGHT TO LIFE
   T. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
   2. In countries that have not abolished the death penalty, it may be imposed only for the most serious crimes and pursuant to a final judgment rendered by a competent court and in accordance with a law establishing such punishment, enacted prior to the commission of the crime. The application of such punishment shall not be extended to crimes to which it does not presently apply.
   3. The death penalty shall not be reestablished in states that have abolished it.
   4. In no case shall capital punishment be inflicted for political offenses or related common crimes.
   5. Capital punishment shall not be imposed upon persons who, at the time the crime was committed, were under ~ 8 years of age or over 70 years of age; nor shall it be applied to pregnant women.
   6. Every person condemned to death shall have the right to apply for amnesty, pardon, or commutation of sentence, which may be granted in all cases. Capital punishment shall not be imposed while such a petition is pending decision by the competent authority.
   ARTICLE 5. RIGHT TO HUMANE TREATMENT
   1. Every person has the right to have his physical, mental, and moral integrity respected.
   2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person.
   3. Punishment shall not be extended to any person other than the criminal.
   4. Accused persons shall, save in exceptional circumstances, be segregated from convicted persons, and shall be subject to separate treatment appropriate to their status as unconvicted persons.
   5. Minors while subject to criminal proceedings shall be separated from adults and brought before specialized tribunals, as speedily as possible, so that they may be treated in accordance with their stems as minors.
   6. Punishment consisting of deprivation of liberty shall have as an essential aim the reform and social readaptation of the prisoners.
   ARTICLE 6. FREEDOM FROM SLAVERY
   1. No one shall be subject to slavery or to involuntary servitude, which are prohibited in all their forms, as are the slave trade and traffic in women.
   2. No one shall be required to perform forced or compulsory labor. This provision shall not be interpreted to mean that, in those countries in which the penalty established for certain crimes is deprivation of liberty at forced labor, the carrying out of such a sentence imposed by a competent court is prohibited. Forced labor shall not adversely affect the dignity or the physical or intellectual capacity of the prisoner.
   3. For the purposes of this article, the following do not constitute forced or compulsory labor:
   a. work or service normally required of a person imprisoned in execution of a sentence or formal decision passed by the competent judicial authority. Such work or service shall be carried out under the supervision and control of public authorities, and any persons performing such work or service shall not be placed at the disposal of any private party, company, or juridical person;
   b. military service and, in countries in which conscientious objectors are recognized, national service that the law may provide for in lieu of military service;
   c. service exacted in time of danger or calamity that threatens the existence or the well-being of the community; or
   d. work or service that forms part of normal civic obligations.
   ARTICLE 7. RIGHT TO PERSONAL LIBERTY
   1. Every person has the right to personal-liberty and security.
   2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto.
   3. No one shall be subject to arbitrary arrest or imprisonment.
   4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him.
   5. Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. his release may be subject to guarantees to assure his appearance for trial.
   6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek these remedies.

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