access to justice as a human right collected courses of the academy of european law

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Access To Justice As A Human Right

Author : Francesco Francioni
ISBN : 9780191018657
Genre : Law
File Size : 81. 30 MB
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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.

The Access Of Individuals To International Justice

Author : Antônio Augusto Cançado Trindade
ISBN : 9780199580958
Genre : Law
File Size : 67. 58 MB
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The Author examines the considerable advances undergone by the right of access to justice in the domain of the international protection of the rights of the human person in recent years. The right of access to justice is understood, lato sensu, as encompassing not only the formal access to a tribunal or judge, but also the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution ofjudgments.The evolving international case-law on the matter is examined in detail, including cases concerning victims in situations of the utmost adversity (e.g., abandoned or

The Privileges And Immunities Of International Organizations In Domestic Courts

Author : August Reinisch
ISBN : 9780199679409
Genre : Law
File Size : 73. 93 MB
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Proceedings of a conference on "Transnational Judicial Dialogue of Domestic Courts on International Organisations" at the Law School of the Universtiy of Vienna on 23 April 2012.

Securing Dignity And Freedom Through Human Rights

Author : Janelle M. Diller
ISBN : 9789004224940
Genre : Law
File Size : 73. 58 MB
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The Universal Declaration of Human Rights establishes that everyone’s dignity and freedom to develop as a person are secured through economic, social and cultural rights. This volume examines the origins of the article of the Declaration that introduced the purpose of economic, social and cultural rights in this way and recognized that every member of society is entitled to their realization through national effort and international cooperation. The article’s concepts have been the subject of significant articulation and interpretation. Accordingly, the book analyzes the meaning and application of economic, social and cultural rights and the nature of the related obligations developed in the International Covenant on Economic, Social, and Cultural Rights and other international instruments. The book also explores the contribution of the article's legal concepts to philosophical theories of social justice and increasingly to the practice expected of States, individually and in cooperation with international organizations and non-state actors in development and other activities. This volume should provide a convenient tool for human rights advocates, practitioners, lawyers, scholars, and others involved with and interested in the role of human rights in seeking economic, social and cultural security for all.

Human Rights And Immigration

Author : Ruth Rubio-Marín
ISBN : 9780191004506
Genre : Law
File Size : 78. 44 MB
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Economic interaction has enlarged the international trade in goods and services, but the safe and humane flow of persons across international borders remains a challenge in a State-based model of territorial jurisdictions. Once an immigrant enters a new host country the guarantee of respect for their human rights comes into question. Indeed, the legal and political constructions of inclusion or exclusion of migrants from the political community touch at the very heart of the cosmopolitan spirit of universal human rights. This book brings together leading experts in the fields of migration and human rights law to examine central problems in the protection of the human rights of migrants. They explain the theoretical background of present issues in the area including, immigrant integration policies in Europe, the social and labour rights of migrants, the conditions and legal frameworks affecting migrant women, asylum seekers and refugees worldwide among many others. It explains in a clear and critical manner the legal and political implications of migration today in the context of an evolving globalized world.

Rwanda S Gacaca Courts

Author : Paul Christoph Bornkamm
ISBN : 9780199694471
Genre : History
File Size : 27. 32 MB
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Originally presented as the author's thesis (doctoral)--Humboldt University of Berlin, 2009.

International Humanitarian Law And International Human Rights Law

Author : Orna Ben-Naftali
ISBN : 9780191029639
Genre : Law
File Size : 81. 13 MB
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The idea that international humanitarian law (IHL) and international human rights law (IHRL) are complementary, rather than mutually exclusive regimes generated a paradigmatic shift in the international legal discourse. The reconciliation was driven by a humanistic ethos and its purpose was to offer greater protection of the rights to life, liberty and dignity of all individuals under all circumstances. The complementarity of both regimes currently enjoys the status of the new orthodoxy and simultaneously invites critical reflection. This collection of essays accepts the invitation, offering diverse assessments of the merits of taking human rights to the battlefields of the twenty-first century. The book comprises three parts: part I focuses on the paradigmatic (security based "armed conflict" vs. human rights centered "law enforcement" paradigms) and the normative complexities of the interaction between both regimes in the "fight against terror" and in other, allegedly new, types of wars. Part II discusses the interplay between IHRL and IHL in the context of three specific regimes: belligerent occupation; the European Court of Human Rights and the protection of cultural heritage. Part III explores the potential fusion of IHL and IHRL into a new paradigm in two areas: post-bellum accountability and compensation to victims of war crimes. The range of issues, multitude of competing norms and narratives, and shifting paradigms explored in this collection, converse with each other. This conversation mirrors the process through which international law - paying deference to political realities while simultaneously seeking to transcend them - charts new pathways to advance its humanizing project.

Collected Courses Of The Academy Of European Law Recueil Des Cours De L Acad Mie De Droit Europ En European Courses 121995 Vol Vi Book 2

Author : Academy of European Law
ISBN : 9789041104441
Genre : Law
File Size : 65. 56 MB
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The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

Statelessness

Author : William E Conklin
ISBN : 9781782253730
Genre : Law
File Size : 24. 30 MB
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'Statelessness' is a legal status denoting lack of any nationality, a status whereby the otherwise normal link between an individual and a state is absent. The increasingly widespread problem of statelessness has profound legal, social, economic and psychological consequences but also gives rise to the paradox of an international community that claims universal standards for all natural persons while allowing its member states to allow statelessness to occur. In this powerfully argued book, Conklin critically evaluates traditional efforts to recognize and reduce statelessness. The problem, he argues, rests in the obligatory nature of law, domestic or international. By closely analysing a broad spectrum of court and tribunal judgments from many jurisdictions, Conklin explains how confusion has arisen between two discourses, the one discourse inside the other, as to the nature of the international community. One discourse, a surface discourse, describes a community in which international law justifies a state's freedom to confer, withdraw or withhold nationality. This international community incorporates state freedom over nationality matters, bringing about the de jure and effective stateless condition. The other discourse, an inner discourse, highlights a legal bond of socially experienced relationships. Such a bond, judicially referred to as 'effective nationality', is binding upon all states, and where such a bond exists, harm to a stateless person represents harm to the international community as a whole.

Collected Courses Of The Academy Of European Law Recueil Des Cours De L Acad Mie De Droit Europ En

Author : Academy of European Law Staff
ISBN : 9789401710749
Genre : Law
File Size : 82. 94 MB
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Your invitation to me, as the President of the European Court of Human Rights, to conclude this year's study programme on the protection of hu man rights in Europe by delivering the prestigious Winston Churchill lec ture is a great honour not only for me personally but for the European Court of Human Rights as a whole, and I should like to thank the European Uni versity Institute and its Academy of European Law most warmly for giving me this opportunity. You are fortunate to have had the opportunity of following a week long general course on the protection of human rights in Europe given by my col league and friend Carl Aage N0rgaard, the President of the European Commission of Human Rights. To speak after hirn, in order to bring to a close your study programme, makes my task in some respects easier be cause I can take it for granted that you now have a clear and comprehensive understanding of the guarantees and the functioning of the European Con vention on Human Rights. On the other hand, it is, I must confess, not without a certain apprehension that I take the floor at this juncture because I am very weIl aware of how difficult it is to keep the attention of an audi ence which has had the privilege of hearing Carl Aage N0rgaard on more or less the same subject.

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