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Access to Justice as a Human Right

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Access to Justice as a Human Right Cover

 

Synopses & Reviews

Publisher Comments:

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.

About the Author

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

Product Details

ISBN:
9780199233090
Author:
Francioni, Francesco
Publisher:
Oxford University Press, USA
Subject:
International
Subject:
Human Rights
Subject:
Justice, administration of
Subject:
Political Freedom & Security - Human Rights
Subject:
Law | Public International Law | International Human Rights
Subject:
Law : General
Edition Description:
Paperback Oxford
Series:
Collected Courses of the Academy of European Law
Publication Date:
20071231
Binding:
TRADE PAPER
Grade Level:
Professional and scholarly
Language:
English
Pages:
300
Dimensions:
6.100 x 9.200 in 0.938 lb

Related Subjects

History and Social Science » Law » General
History and Social Science » Politics » Human Rights
Humanities » Philosophy » General

Access to Justice as a Human Right New Trade Paper
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