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 : 34. 5 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 : 46. 5 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

Environmental Law Dimensions Of Human Rights

Author : Ben Boer
ISBN : 9780198736141
Genre : Law
File Size : 39. 23 MB
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How can we guarantee a right to life or a right to health without also guaranteeing a decent environment in which to exercise these rights? It is becoming increasingly obvious that a high quality environment is key to the fundamental human rights of life and health, and associated rights such as the right to clean water, adequate housing, and food. This book canvasses a range of law and policy issues concerning human rights and the environment. Each chapter examines an aspect of the links between environmental law and human rights in substantive and/or procedural terms, loosely falling into four themes: human rights and the environment in the context of the private sector; analysis of decisions of the European and Inter-American courts in respect of substantive and procedural aspects; human rights and the environment in the Asian region, including the issue of human displacement; and the future direction of human rights and environment law.

Eu Legal Acts

Author : Marise Cremona
ISBN : 9780192549624
Genre : Law
File Size : 70. 19 MB
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In this collection of essays, originally presented at the Academy of European Law in Florence, the changing landscape of the EU's legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create 'law' in the traditional sense are analysed. This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU's traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of Member States such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures. The volume endeavours to explain the adaptability of the EU legal order provided that the legal instruments at the Union's disposal appear to be identical to when the Treaty of Rome came into force 60 years ago. It also explores the challenges that the producing and quality of acts pose for the EU's legal order, such as alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law.

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 : 46. 91 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).

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 : 27. 82 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.

The Cultural Dimension Of Human Rights

Author : Ana Vrdoljak
ISBN : 9780191004247
Genre : Law
File Size : 86. 57 MB
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The intersections between culture and human rights have engaged some of the most heated and controversial debates across international law and theory. As understandings of culture have evolved in recent decades to encompass culture as ways of life, there has been a shift in emphasis from national cultures to cultural diversity within and across states. This has entailed a push to more fully articulate cultural rights within human rights law. This volume analyses a range of responses by international law, and particularly human rights law, to some of the thorniest, perennial, and sometimes violent confrontations fuelled by culture in relations between individuals, groups and the state in international society. Across the different issues tackled, the contributions are tied by one unifying thread - that culture is understood, protected and promoted not only for its physical manifestations. Rather, it is the relationship of culture to people, individually or in groups, and the diversity of these relationships which is being protected and promoted; hence, the fundamental overlap between culture and human rights.

International Humanitarian Law And International Human Rights Law

Author : Orna Ben-Naftali
ISBN : 9780191001604
Genre : Law
File Size : 46. 31 MB
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Examining the complex relationship between international human rights and humanitarian law, this volume explores the potential for fusing the two regimes into a new legal paradigm.

Securing Human Rights

Author : Bardo Fassbender
ISBN : 9780199641499
Genre : Law
File Size : 26. 90 MB
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What role has the UN Security Council played in the promotion of human rights? Have its past actions breached those same rights the UN is pledged to uphold? Examining these two questions, this book provides a variety of viewpoints on the past, present, and future of the Security Council's role in the promotion of human rights.

Independence And Legitimacy In The Institutional System Of The European Union

Author : Dominique Ritleng
ISBN : 9780191082443
Genre : Law
File Size : 72. 41 MB
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As EU non-majoritarian bodies such as the European Commission, the Court of Justice of the European Union, and the European Central Bank grow in political influence, many have identified the pressing need to keep these bodies accountable to the repositories of the EU's democratic legitimacy. This collection of essays sheds light on the inherent tension between independence and legitimacy in the EU's institutional system and explores the options of reconciling the two. Featuring analysis from both legal and political perspectives, the volume assesses whether, to what extent, and how it is possible to control the various EU independent bodies and make them answerable for what they do, while at the same time upholding their independence.

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