the access of individuals to international justice collected courses of the academy of european law

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The Access Of Individuals To International Justice

Author : Antônio Augusto Cançado Trindade
ISBN : 9780199580958
Genre : Law
File Size : 52. 43 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

Access To Justice As A Human Right

Author : Francesco Francioni
ISBN : 9780191018657
Genre : Law
File Size : 28. 78 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 Privileges And Immunities Of International Organizations In Domestic Courts

Author : August Reinisch
ISBN : 9780199679409
Genre : Law
File Size : 77. 24 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.

Human Rights And Immigration

Author : Ruth Rubio-Marín
ISBN : 9780191004506
Genre : Law
File Size : 30. 26 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.

Environmental Law Dimensions Of Human Rights

Author : Ben Boer
ISBN : 9780198736141
Genre : Law
File Size : 84. 29 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 Administrative Law

Author : Paul Craig
ISBN : 9780199568628
Genre : Law
File Size : 86. 25 MB
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This is a legal evaluation of the ways in which the EU delivers policy. It assesses the role of law therein from a contextual and inter-disciplinary perspective and considers in-depth the principles of EU judicial review applicable to EU administration and that of the Member States.

The European Court Of Justice

Author : Gráinne De Búrca
ISBN : 0199246017
Genre : Law
File Size : 20. 56 MB
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This collection of essays aims to look afresh at an institution which continues to be of central importance to all who are interested in the development of European Union law and policy. The essays seek to develop particular avenues of analysis and perspectives - including a philosophical, a sociological and a gender-based analysis - which, despite the significant increase in the range and volume of literature on the Court of Justice, have not yet been fully explored.

Compliance And The Enforcement Of Eu Law

Author : Marise Cremona
ISBN : 9780199644735
Genre : Law
File Size : 31. 80 MB
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The EU has long faced difficulties in ensuring compliance with its legal provisions, and as a result has developed sophisticated enforcement techniques that penetrate deep into the law and politics of member states. This book gathers leading experts to assess the legal procedures and political mechanisms at work in the EU to promote compliance.

Eu Administrative Law

Author : Paul P. Craig
ISBN : 0199296812
Genre : Law
File Size : 71. 67 MB
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Considering the ways in which the EU administers policy, this book aims to explicate, analyse and evaluate the modes of policy delivery, to assess the role of law therein and to draw conclusions about their relative efficacy. It also takes into account the legislative and political initiatives that are relevant to particular issues.

Migration And Eu Law And Policy

Author : ... Azoulai
ISBN : 9780198708537
Genre : Law
File Size : 69. 76 MB
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This book is a reflection of the social reality of mass migration in the EU from a legal perspective. It consists of a collection of essays reflecting on important current issues including the scope of the powers allocated to the EU, the cooperation of the EU with third countries and the emergence of international migration legal norms.

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