Access to Justice as a Human Right
Seiten
2007
Oxford University Press (Verlag)
978-0-19-923309-0 (ISBN)
Oxford University Press (Verlag)
978-0-19-923309-0 (ISBN)
This collection of essays examines the problem of securing access to justice in the enforcement of international human rights law. The perspectives included here include access to environmental justice, access to justice for torture victims, and access to justice before international judicial bodies.
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 it is 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 international law; 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 torture victims, 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.
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 it is 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 international law; 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 torture victims, 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.
Francesco Francioni is Professor of International Law and Human Rights at the European University Institute, Florence
1. The Rights of Access to Justice under Customary International Law ; 2. The Individual Right of Access to Justice in Times of Crisis: Emergencies, Armed Conflict, and Terrorism ; 3. Access to Justice and Compensation for Violations of the Law of War ; 4. Access to Justice before International Human Rights Bodies: Reflections on the Practice of the UN Human Rights Committee and the European Court of Human Rights ; 5. Access to Environmental Justice ; 6. Access to Justice in European Comparative Law ; 7. Access to Justice for Victims of Torture
| Erscheint lt. Verlag | 25.10.2007 |
|---|---|
| Reihe/Serie | Collected Courses of the Academy of European Law |
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 155 x 233 mm |
| Gewicht | 430 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht ► Völkerrecht | |
| Sozialwissenschaften ► Politik / Verwaltung | |
| ISBN-10 | 0-19-923309-8 / 0199233098 |
| ISBN-13 | 978-0-19-923309-0 / 9780199233090 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
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