International Conventions

O presente texto tem por objetivo abordar o tema do controle de convencionalidade realizado pela Justiça Trabalhista brasileira, notadamente por meio da análise crítica de duas decisões proferidas por órgãos distintos, ambos componentes do Tribunal Superior do Trabalho, que denotam dois comportamentos antagônicos em relação aos tratados internacionais de direitos humanos ratificados e em vigor no Brasil. Num primeiro momento o trabalho aborda os principais aspectos da teoria do controle de convencionalidade, demonstrando a importância hodierna de sua realização pelo Poder Judiciário brasileiro para o respeito, proteção e efetivação dos direitos humanos protegidos pelos tratados internacionais dos quais o país é Parte. Na sequência é feita uma abordagem crítica do controle de convencionalidade realizado pelo Tribunal Superior do Trabalho, a partir do confronto entre as Convenções de n. 148 e 155 da Organização Internacional do Trabalho e a Consolidação das Leis do Trabalho brasileira, envolvendo as figuras do adicional de insalubridade e periculosidade e a controvérsia sobre a (im) possibilidade de sua percepção cumulativa por parte do trabalhador. Ao final, busca-se demonstrar a necessidade de que o Direito Internacional e o controle de convencionalidade sejam melhor compreendidos e levados a sério pela Justiça Trabalhista do país.

The present text has as objective to approach the subject of the control of conventionality carried out by the Brazilian Labor Justice, notably through the critical analysis of two decisions pronounced by distinct organs, both components of the Superior Labor Court, which denote two antagonistic behaviors in relation to the treaties International human rights instruments ratified and in force in Brazil. In a first moment, the work approaches the main aspects of the theory of control of conventionality, demonstrating the current importance of its realization by the Brazilian Judiciary to respect, protect and fulfill the human rights protected by the international treaties to which the country is a party. Following is a critical approach of the control of conventionality carried out by the Superior Labor Court, from the confrontation between the Conventions of n. 148 and 155 of the International Labor Organization and the Consolidation of Brazilian Labor Laws, involving the figures of the insalubrity and hazardousness surcharge and the controversy over the (im) possibility of its cumulative perception by the worker. In the end, it seeks to demonstrate the need for international law and control of convention to be better understood and taken seriously by the country's labor courts.

The challenge between international law and Iranian legal system has been a controversial issue. These challenges are related to the incorporation and implementation of international obligation have been faced various difficulties. reserches show that only a limited direct use can be made of international law in Iran. Consequently, this issue has influenced the practical impact of international conventions at domestic level. While a lot of researches have been done in order to criticize human rights instruments, very limited researches have addressed this issue from the international legal perspectives. it is necessary to analyze these challenges from the perspective of international law as well. It also brings a great opportunity for Iranian researchers to convey an appropriate response and reasonable argument for international community regarding Iran’s international obligation. Therefore, by applying descriptive and analytical methodology and thorough analyzing the international treaties, the reports of monitoring bodies of UN and other relative sources, this paper categorizes and analyzes the different challenges between Iranian legal system and international law with regard to this issue. In doing so, this addresses that the reservation is one of the solutions of international community to provide maximum counties contribution in international law, however, based on the Vienna convention, the appropriate reservation should fulfill some requirements which maintain the identity of treaties itself and similarly preserve the international order as well. On the other hand, international community, when providing international treaties, has to consider the cultural, political and religious context leading to localizing of human rights and consequently practical implementation of treaties at domestic level. Therefore, while maintaining the principle of sovereignty of each country, it assures the participation of the majority of countries with different cultural and religious context in International law

Today, the boundaries of international crime involving states and transnational organized crime are slowly blurring, and as a result, the number of international crimes is steadily growing. The article analyzes two key groups of crimes: crimes indicated in the Rome Statute and transnational crimes under international conventions. This article is based on the analysis of the main groups of crimes: the first group of international crimes committed with state actors, which includes crimes against humanity, war crimes, crimes of aggression, crimes of genocide; and the second group, crimes committed by criminal groups organized in more than one country with the "international" or "transnational" character of such acts. The authors emphasize the norms of international law, according to which the International Criminal Court, together with international criminal tribunals, have jurisdiction over a small range of key international crimes, including genocide, war crimes and crimes against humanity, aggression, committed by state officials. The main objective of this research is to compare the mechanism for investigating crimes in the jurisdiction of international criminal tribunals and the International Criminal Court, together with the national procedure for investigating transnational crimes, through the ratification of international conventions and the establishment of the International cooperation. The article was made with the following methods: induction, deduction, analogy, as well as historical, dialectical and formal legal methods.

Carrier’s duty to provide a seaworthy vessel has been one of the most fundamental principles in maritime law and hereby a core element of every contract of carriage of goods by sea throughout maritime history. Notwithstanding the duty was initially appraised to be absolute obligation under common law, it has been then boiled down to whether exercising due diligence by the carrier as a result of several attempts to find the balance between the commercial interests of carriers and shippers. The obligation of exercising due diligence was introduced in the Harter Act for the first time though, it has, in essence, gained international recognition through the Hague Rules. This paper hereby will comparatively scrutinise how the obligation of seaworthiness has been interpreted by courts, and whether there is a remarkable difference amongst the Hague/Hague-Visby Rules, the Hamburg Rules and the Rotterdam Rules in the sense of the nature of the carrier’s duty to provide a seaworthy vessel.

The status of ‘international law’ is examined critically. In the first section, the basis of (national) legislation is described. This consists of an inquiry into a credible meaning of ‘natural law’. It is focused on the question whether universal principles exist and, if so, of what kind. Section 2 deals with the issue of enforcement. National legislation invariably realizes this, but this is not obvious at the international level. Section 3 deals with human rights. It is discussed whether their presence points to the existence of ‘international law’. To this end, a possible reason for these rights to have developed is expounded.

The challenge between international law and the Iranian legal system has always been a controversial issue, either at domestic or international level. These challenges not only are related to the ideological and theoretical differences, but also the incorporation and implementation of international obligations (from the practical perspective) have always been faced with various difficulties. An analysis of the rules on the incorporation of international law in the Iranian law, along with the status of international law within the Iranian law show that only a limited direct use can be made of international law in Iran. Consequently, this issue has influenced the practical impact of international conventions at domestic level. This is the case, particularly, when the human rights treaties deal with issues such as the rights of women, sexual crimes, etc. While to date, much research has been conducted to criticize the human rights instruments, very limited research has addressed this i...

METHODOLOGY

The Assessment measures the degree to which Iraqi women, as a matter of law (de jure) and as amatter of practice (de facto), enjoy the rights and protections guaranteed under international law,including the Universal Declaration of Human Rights, the International Covenant on Civil andPolitical Rights, the International Covenant on Economic, Social and Cultural Rights, and the Conven-tion on the Elimination of All Forms of Discrimination against Women. In addition to identifying leg-islative (or de jure) deficiencies, it is crucial to determine the degree to which women, in practice, areaccorded the rights and status guaranteed by domestic laws. Amajor focus of the diagnostic tool is,therefore, de facto
or “real life” impediments to equality, some of which may be products of poorlydrafted or non-existent legislation. In order to properly identify the source of compliance or non-com-pliance with international law,
de jure
and de facto
compliance are discussed separately under eachheading.The
de jure survey was conducted by Iraqi attorneys with expertise in Iraqi legislation, internationalhuman rights law, and women’s rights using a template of 66 standard questions. The attorneysreviewed all Iraqi law relevant to the survey, including the Transitional Administrative Law (TAL),past Constitutions, civil and criminal codes, and Revolutionary Command Council (RCC) Orders, toassess how the legislative regime complies with international standards.The
de facto
analysis was conducted in cooperation with a network of Iraqi NGOs and NationalAssembly members (“Respondents”) working on women’s issues in Iraq. Thirty-five women’s NGOsrepresenting the cultural, religious and geographic diversity of Iraq were recruited to provide feed- back on women’s situations in their respective regions. NGO representatives were selected to partici-pate in the survey based on their representation of the various cross-sectors of Iraqi society, on theirsubstantive expertise in the areas covered by the surveys, and on their leadership and activism in Iraqicivil society. These NGOs underwent intensive training on international human rights frameworksapplicable to women’s rights and gender equality. During this training, participants, in conjunctionwith the Iraq Legal Development Project (ILDP), developed a survey protocol specifically tailored forthe Iraqi context. NGO representatives used this universal survey protocol to interview members of Iraqi NGOs, religious experts, government representatives and regular women. Interview respon-dents were selected for several purposes. Some respondents were chosen for their substantive specificexpertise in areas such as health, education or family law. Other respondents provided anecdotal evi-dence for the
de facto
analysis of real-life impediments to the full realization of women’s rights.Finally, a team of researchers surveyed the range of available secondary sources and reports fromNGOs, government sources, academics and international organizations in order to provide a thor-ough background analysis of the issues raised by the Assessment.The Assessment is broken down into a number of thematic categories: Political Participation, CivilSociety and Women in Decision Making; Violence Against Women and the Right to Personal Security;Labor and Economic Rights; Family and Marriage; Nationality; Health; and Education. These cate-gories are based on central provisions in international human rights law regarding women’s rights


The Assessment represents key areas of concern for the promotion, implementation, and safeguarding of women’srights in Iraq. Given the scarcity of data on rural women in Iraq, information regarding the status of rural women is incorporated into the de factoand
de jure sections of each category to the extent possi- ble.This Assessment is intended as a reference and advocacy tool to be used by Iraqi legislators, policymakers and civil society activists, in analyzing the draft constitution in terms of the fundamentalissues of equality, non-discrimination and the advancement of women. It is also intended to be used as a tool in reviewing and developing the laws and policies of the Iraqi state beyond the conclusion of the constitutional process.

This essay defines international environmental law and focuses on international conventions by identifying four major international wildlife and pollution treaties. It provides general historical and legal overviews with a focus on the contributions to international environmental law for the following treaties: the Convention on International Trade in Endangered Species, the Basel Convention, the Rotterdam Convention and the Stockholm Convention. The essay concludes by presenting the prioritization of environmental issues and compliance as a remedy to increase the efficacy of the Conventions on a global scale.

Resumo: No presente texto teve-se como objetivo analisar os principais impactos que a Convenção Internacional para a Proteção de Todas as Pessoas contra o Desaparecimento Forçado (2006), ratificada e recentemente internalizada pelo Brasil no ano 2016, pode produzir no País. A discussão do tema justifica-se pela relevância da temática no plano internacional (global e regional) e também em razão das obrigações que esse tratado internacional de direitos humanos impõe aos seus Estados-Partes, entre eles o Brasil. Primeiramente no trabalho analisa-se brevemente o processo de elaboração da Convenção, sua estrutura e principais aspectos; em seguida aborda-se a definição de desaparecimento forçado por ela trazida; trata do desaparecimento forçado de pessoas como múltiplas e contínuas violações de direitos humanos e como um crime internacional que, em determinadas circunstâncias, será configurado como crime de lesa-humanidade. Por fim, o texto aborda as implicações internacionais e domésticas desse tratado para o Estado brasileiro. Para o alcance dos resultados pretendidos, na presente pesquisa é empregado o método dedutivo, lançando-se mão de sólida fundamentação teórica, pautada em pesquisa à doutrina autorizada, tanto de índole nacional quanto internacional, bem como em consultas às jurisprudências brasileira e internacional sobre o tema analisado e outros correlatos, visando a uma adequada formulação, desenvolvimento e conclusão dos pontos a serem desenvolvidos.

Palavras-chave: Convenção Internacional. Desaparecimento forçado. Direitos humanos. Impactos. Brasil. 

Abstract: The present text aimed to analyze the main impacts that the International Convention for the Protection of All Persons from Forced Disappearance (2006), ratified and recently internalized by Brazil in 2016, can produce in the country. The discussion of the theme is justified by the relevance of the theme at the international level (global and regional) and also because of the obligations that this international human rights treaty imposes on its States Parties, among them Brazil. First, the work briefly analyzes the process of elaboration of the Convention, its structure and main aspects; and then addresses the definition of enforced disappearance brought by it; addresses the forced disappearance of persons as multiple and continuing violations of human rights and as an international crime which, in certain circumstances, will be construed as a crime against humanity; and, finally, it addresses the international and domestic implications of this treaty for the Brazilian state. In order to reach the desired results, in the present research it is used the deductive method, using a solid theoretical foundation, based on research to the authorized doctrine, both national and international, as well as in consultations to the Brazilian and the international jurisprudences on the theme analyzed and other correlates, aiming at an adequate formulation, development and conclusion of the points to be developed.

Keywords: International treaties. Enforced disappearance. Human rights. Impacts. Brazil.

The article deals with the texts of International Conventions on Sanitation as the basic documents influenced the sanitary- epidemiological legislation formation and development. The study investigates its impact on the sphere of quarantine measures regulation, efficiency of its usage as the epidemics and pandemics countermeasures at the international arena and its subsequent ratification by the Russian Empire. The chronological frameworks (the end of the XIX - beginning of the XX century) were selected, as the period of the increased international activity in the field of epidemics control.

As a matter of international concern, the legal issues on the family have been well founded in various international conventions such as United Nations Declaration of Human Rights (UNDHR), Convention on Elimination of all Discrimination against Women (CEDAW) and many others to regulate marital relationships, procedural requirements and their rights and obligations. Though these conventions establish general guidelines to indicate the importance of human rights in the context of family relationship based on the equal rights between men and women, 1 the application of those provisions will subject to national and domestic laws of respective countries including Bangladesh where the laws that govern family relationships for both Muslims 2 and non-Muslims 3 are well codified.

Triggered by the unprecedented loss of biodiversity, the Parties to the Convention on Biological Diversity adopted the 2010 biodiversity target, that is, "to achieve, by 2010, a signifi cant reduction of the current rate of biodiversity loss at the global, regional, and national level, as a contribution to poverty alleviation and to the benefi t of all life on Earth". This target is now being revised as a post-2010 target. Whatever the target may, be-2010 or beyond, the challenge step is to put mechanisms in place to track progress towards the targets. There is a large body of trend indicators as well as response indicators for assessing progress towards the target. In this paper, based on a conceptual framework and available information, we reviewed the existing scenario on the biodiversity targets, which resulted in a set of criteria and a set of policy-relevant research questions to be further developed as policyresponse indicators for assessing progress that the countries are making towards achieving the biodiversity targets. The criteria and research questions are grouped under four policy areas: implementation mechanism of global biodiversity conventions at the national level; integration of biodiversity into policies and programs of other sectors; public awareness and support, and availability of resources to work towards the targets. These indicators need to be measured at national level and monitored globally.

Human right is the right that belonging to everyone, since they were born and that right is inherent for them. In this paper, the writer is going to interpret human right in generally, and specific focus on the freedom of religion as one of the fundamental rights for everyone. To complement our understanding on human right, the writer will explain from the history of human right, and continue by international declaration such as The Universal Declaration of Human (UDHR), International Convent on Civil and Political Right (ICCPR), European Convention on Human Right (ECHR) which guarantee rights for everyone, more over for the religion right. This paper is going to use the theory of universalism to simply this eastly to understand. The writer uses qualitative method to support this research, such as legal documents, journal, news, and books to become its references, not only it but the writer will provide the study case from this, which focus on the violence toward freedom of religion. Key Word; human right, freedom of religion, The Universal Declaration of Human (UDHR), International Convent on Civil and Political Right (ICCPR), European Convention on Human Right (ECHR), universalism theory, violence.

Drawing on the theories developed within the field of international Relations, this article explores mechanisms of compliance within ‘the World Heritage regime’. This is done through the examination of risk management and monitoring of the volcano of Mount Ruapehu at the World Heritage Site of Tongariro National Park in New Zealand. Following Mount Ruapehu’s eruption cycles in 1995-1996 it became clear that a lahar, a mudflow of pyroclastic rocks, would occur in the relatively-near future. Based experiences from previous lahars, it was clear some form of lahar management had to be implemented in order to mitigate the damage the upcoming lahar would cause. The question, however, was how. By examining the debates on how to manage the lahar, this article explores how the ‘lahar issue’ became a case of regime compliance and thereby addresses to what extent the park’s World Heritage listing impacted the New Zealand decision-making process. Thus the article contributes to expanding the relatively-scarce empirical literature concerning the relationship between domestic and international dimensions of regime compliance.

Istnienie zewnętrznych względem kodeksu norm nie sprzyja pozytywistycznej perspektywie, nawet jeśli uzna się pewien proces ich wbudowywania w dotychczasowy system pojęciowy. W przypadku prawa
prywatnego idea jednego aktu regulującego wyczerpująco całokształt
spraw należy już do historii prawa. Kodyfikacja zawsze niesie ze sobą
wątpliwości, również te dotyczące jej zakresu przedmiotowego.
Dzisiaj poziom dekodyfikacji narodowych kodeksów wyznaczany jest nie tylko przez liczbę ustaw szczególnych powstałych wokół danego kodeksu. Umniejszenie znaczenia kodeksu cywilnego wynika także z wpływu prawa europejskiego i globalnego, których regulacje przyjmowane przez państwa prowadzą do modyfikacji lub wyeliminowania rozwiązań wewnętrznych. Europeizacja prawa miesza się z globalizacją i trudno uniknąć multicentryczności
ośrodków prawodawczych. Współczesny proces dekodyfikacji,
który dokonuje się w wyniku europeizacji i globalizacji
prawa, doskonale widać na przykładzie regulacji umowy przewozu.

To be effective, any normative study should assume a social and anthropological
assimilation, especially regarding the human person with disability.
In this article we will show the relatively recent evolution of the key concepts in this regard.
We will try to introduce the new concept of assistive technology in the legal context,
showing its weight in international law on the subject and, consequently, in national
law. Thus, we conclude for the need of public policies guided by the right of access
to assistive technology, present in the systematics of human rights.

The article considers the mechanisms for fighting transnational crime and international cooperation in accordance with the United Nations Convention against Transnational Organized Crime and identifies the main factors that complicate international cooperation processes to combat transnational crime. The authors emphasize that international cooperation in the fight against crime is key to the success and guarantee of international security. The main objectives of the article are to carry out a comprehensive analysis of the concept of "organized crime" in accordance with the United Nations Convention against Transnational Organized Crime, to determine the corpus delicti, as well as to improve International Law to combat transnational crime. In the article the following methods are used: induction, deduction, analogy, as well as historical, dialectical, formal-legal methods. The article provides us with the complex results related to the key mechanisms of international cooperation according to the United Nations Convention against Transnational Organized Crime.

Modern biotechnology makes use of the discoveries of genetic engineering, so that hybridisation and the formation of genetically modified organisms are effectively considered biotechnological techniques. In fact, biogenetic techniques involve the practice of mixing organic and inorganic materials using completely new processes and knowledge, which are mainly the result of studies in genetic engineering and molecular biology.  The main tasks of biogenetics include the coding and sequencing of DNA and other biological parts. This is particularly important in the field of medicine, where new drugs are very different from those of the past because of the speed at which certain molecules can heal many deseases, often less invasive for the human body. Genetic engineering is having an impact in many scientific fields, as well as in the field of the environment:. Since some discoveries and experiments concern very delicate areas of human and animal life, and since it is increasingly difficult to make a clear distinction between the biological and artificial worlds, it has been necessary to create a legal regulation of the sector, which is also the result of extensive discussion of certain related ethical problems: this field of study is known as bioethics. In order to reconcile the need to protect man and the environment with industrial requirements, the international legal system has made provision for the use of patents, a tool widely used in the field of biogenetics. This issue is very important when we talk about indigenous peoples rights.

That in fighting for a noble cause, it is not only a question of how rich one’s economy is or how big one’s army are, but undeniably it is also a question of moral worth, ethical principles, character, dignity and indeed, courage!
In fully concur to the former Philippine Foreign Secretary, Mr. Albert del Rosario that “a favorable ruling on any of the 15 issues raised by the Philippines, especially the demand to declare China's claims invalid under UNCLOS, would be a major blow to Beijing and a moral victory that could be harnessed by the Philippines to its advantage.” (see “Q&A: Landmark ruling on South China Sea”, Jim Gomez, Associate Press, July 10th)
That is precisely the point: The Hague Ruling is a Moral Victory for the Philippines and all countries and nation who are similarly situated. Further, the historic ruling will also give fresh blood and much needed vigor to International Law.

Sustainable development aims at addressing economic, social, and environmental concerns, but the current lack of responsive environmental governance hinders progress. Short-term economic development has led to limited actions, unsustainable resource management, and degraded ecosystems. The UN Sustainable Development Goals (SDGs) may continue to fall short of achieving significant progress without a better understanding of how ecosystems contribute to achieving sustainability for all people. Ecosystem governance is an approach that integrates the social and ecological components for improved sustainability and includes principles such as adaptive ecosystem co-management, subsidiarity, and telecoupling framework, as well as principles of democracy and accountability. We explain the importance of ecosystem governance in achieving the SDGs, and suggest some ways to ensure that ecosystem services are meaningfully considered. This paper reflects on how integration of these approaches into...

Despite considerable efforts put into the guidance and practice of human rights-based approaches within international development evaluations, systematic human rights analyses continue to be an often-neglected domain in practice. This practice note provides an entry
point into human rights reporting mechanisms as a resource for evaluators. International human rights mechanisms can provide a window into the relationship between a government’s priorities and international expectations, and can provide insight into both the
development and human rights achievements and challenges within a particular national context. An analysis of the dialogue-through-reporting between governments and human rights committees can provide the basis of a framework which can be used to inquire further and validate through the evaluation.

Transnational organized crime affects each States individually and the interest of the international community as a whole. In the maritime context, this form of criminality includes a range of illegal acts such as violent criminal acts (piracy in the high seas, armed robbery in territorial waters, maritime terrorism), illicit traffic in narcotic drugs and psychotropic substances, smuggling of persons by sea, and also unlawful damage to the marine environment (illegal fishing and maritime pollution). In order to address this phenomenon, several international conventions known as « suppression conventions » have been conclude, which internationally recognize the crime, define it, and impose obligations on States parties to adapt their own national legislation. However, no such convention focuses exclusively on the marine environment. Thus, it is appropriate to examine the various international law instruments relating to the marine environment from a criminal law perspective.

Sustainable development aims at addressing economic, social, and environmental concerns, but the current lack of responsive environmental governance hinders progress. Short-term economic development has led to limited actions, unsustainable resource management, and degraded ecosystems. The UN Sustainable Development Goals (SDGs) may continue to fall short of achieving significant progress without a better understanding of how ecosystems contribute to achieving sustainability for all people. Ecosystem governance is an approach that integrates the social and ecological components for improved sustainability and includes principles such as adaptive ecosystem co-management, subsidiarity, and telecoupling framework, as well as principles of democracy and accountability. We explain the importance of ecosystem governance in achieving the SDGs, and suggest some ways to ensure that ecosystem services are meaningfully considered. This paper reflects on how integration of these approaches into...

Since a high percentage of criminals commit crimes again after penalty, Dealing correctly with criminals and preventing crime, providing an important influence on the security of society. It is natural that in the event of non-performance and failure to deal properly with criminals punished properly, not only aims to provide criminals cannot be reformed, but their offense is repeated fields would be offered.
From the perspective of human rights law and international regulations to reform the individual and society, human dignity should be the number one concern, and not only him as a Mean to intimidate and deter others, do not use (general prevention) But in order to punish the guilty and prevent a repetition of his crime, his abilities and capabilities are taken into consideration and try to make optimal use of them in order to correct him or her. Therefore, the inhibition of the offender, not only through his detention or removal. Also, we should attend to the negative effects penalties in deterring the offender from repeating the crime because this behavior increases the alienation and hatred in criminal person and will trouble his rehabilitation and resocialization. It should be noted that crime, though severe, is blameworthy, not only explain the conflicting reactions with human dignity but also happen to areas of commiting second and further crimes by the offender.
The article point out that the criminal acts are not the authority for encounters, violent, disrespectful and wrong reactions against criminals and study the human dignity in the international and internal criminal law and examine the relationship between observance of human dignity and prevention of repeat offenses.

O presente trabalho tem como objetivo expor que o direito ao nome, quando a respeito de
membros de Comunidades Tradicionais, está ligado não só ao direito previsto no Código Civil,
mas, principalmente, com o direito ao autorreconhecimento previsto nas Convenções
Internacionais das quais o Brasil é signatário. Nota-se ao longo da análise das previsões
internacionais e da jurisprudência da Corte Interamericana de Direitos Humanos - CorteIDH,
que não cabe ao Estado limitar, cercear ou mesmo chancelar, a liberdade de escolha e
manutenção do nome tradicional dos membros das comunidades tradicionais. Essa
observação é primordial, uma vez que no Brasil é extremamente comum a recusa dos
serventuários responsáveis pelo registro civil, em efetuar o devido registro das crianças
nascidas em Comunidades Tradicionais com os nomes que remetem à etnia pertencente, sob
o argumento de que a demarcação do território da comunidade não foi finalizada. Apresentase
neste trabalho que o direito à autoidentificação, não tem qualquer conexão com a
demarcação do território da Comunidade, mas sim, conforme previsto na Convenção nº 169
da Organização Internacional do Trabalho, com a consciência da identidade indígena ou tribal
daquele grupo étnico. No caso da Comunidade Indígena Xákmok Kásek vs. Paraguai, a
CorteIDH ressaltou não caberia ao Tribunal nem ao Estado determinar o pertencimento étnico
ou o nome da Comunidade. Na mesma senda, a Declaração Americana sobre os Direitos dos
Povos Indígenas aduz que aos Estados cabe reconhecer, respeitar e proteger as formas
indígenas de família e, dentre outros aspectos, o seu nome familiar. Diante do exposto, notase
que, com base em Convenções Internacionais e na jurisprudência da CorteIDH, o direito à
autoidentificação das Comunidades Tradicionais está intrincado ao direito ao nome dos que a
compõem. Destarte, conclui-se que tal direito não está subordinado à qualquer chancela
estatal, cabendo ao Estado apenas o dever de respeitá-lo e garanti-lo.