9780199233090

Access to Justice as a Human Right

by
  • ISBN13:

    9780199233090

  • ISBN10:

    0199233098

  • Format: Paperback
  • Copyright: 2007-12-15
  • Publisher: Oxford University Press

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Summary

In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and itis an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of internationallaw; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals.Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torturevictims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.

Author Biography


Francesco Francioni is Professor of International Law and Human Rights at the European University Institute, Florence

Table of Contents

Table of Casesp. ix
Table of Legislationp. xvii
Table of Treaties and Other Relevant Instrumentsp. xix
List of Abbreviationsp. xxv
Notes on Contributorsp. xxvii
The Rights of Access to Justice under Customary International Lawp. 1
The Individual Right of Access to Justice in Times of Crisis: Emergencies, Armed Conflict, and Terrorismp. 57
Access to Justice and Compensation for Violations of the Law of Warp. 95
Access to Justice before International Human Rights Bodies: Reflections on the Practice of the UN Human Rights Committee and the European Court of Human Rightsp. 135
Access to Environmental Justicep. 153
Access to Justice in European Comparative Lawp. 177
Access to Justice for Victims of Torturep. 205
Indexp. 237
Table of Contents provided by Ingram. All Rights Reserved.

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