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 : 66. 21 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 : 88. 4 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 : 75. 97 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 : 9780198701170
Genre : Law
File Size : 71. 37 MB
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This book examines major issues in the protection of the human rights of migrants. Providing a multi-jurisdictional and multi-disciplinary analysis, the work allows scholars, human rights practitioners and activists to access current discussions in the field.

The European Court Of Justice

Author : Gráinne De Búrca
ISBN : 0199246017
Genre : Law
File Size : 31. 68 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.

Constitutionalization Of European Private Law

Author : Hans Micklitz
ISBN : 9780191020087
Genre : Law
File Size : 73. 65 MB
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In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.

Eu Administrative Law

Author : Paul Craig
ISBN : 9780199568628
Genre : Law
File Size : 88. 79 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.

Accountability In The European Union

Author : Carol Harlow
ISBN : 0199245932
Genre : Law
File Size : 28. 5 MB
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This important new book approaches the issue of democratic deficit from the angle of accountability, today seen as an essential element of democratic government. It looks at differing understandings of the concept in the EU Member States and at various techniques - political, legal, and managerial - by which accountability can be assured. These include the EU Parliament as well as national parliaments but extend to less familiar institutions, such as the European Court of Auditors.

Environmental Law Dimensions Of Human Rights

Author : Ben Boer
ISBN : 9780198736141
Genre : Law
File Size : 78. 1 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.

The Enlargement Of The European Union

Author : Marise Cremona
ISBN : 019926094X
Genre : Law
File Size : 85. 36 MB
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This collection of essays reflects on the fifth enlargement of the European Union, projected to take place in 2004. It examines the process of enlargement, its impact on both the candidate States and on the institutions and policies of the European Union. In so doing, it discusses these issues from a variety of perspectives - legal, economic and political - reflecting the different dimensions of the enlargement project. This enlargement will be unlike any other, not only in terms of its scale, and the unprecedented nature of the lengthy and complex pre-accession process, but also in its wider implications for the future direction of the European Union itself and for the whole of Europe. The contributions thus focus not only on the adjustments having to be made by the candidate States and the EU's institutions, but also on enlargement as an interaction between the candidate States and the European Union, and between the EU and the wider world community. Policies which have developed and matured during this enlargement, such as conditionality, also have effects on regions and States which are outside the current enlargement process, such as the Balkans.

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