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Access to Justice as a Human Right

Access to Justice as a Human Right

Author: Francesco Francioni
Publisher: Oxford University Press
ISBN: 9780199233090
Published In: October 2007
Format: Paperback , 272 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Unique collection of essays provides an overview of the problems at the heart of providing access to justice in international law
Covers diverse subjects including environmental justice, situations of armed conflict, and access to justice for torture victims and terrorist suspects
Examines European state protection of access to justice in comparative perspective

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.

Readership: Scholars and advanced students of national and international human rights protection and humanitarian law.

1: Francesco Francioni: The Rights of Access to Justice under Customary International Law
2: Fionnuala Ní Aoláin: The Individual Right of Access to Justice in Times of Crisis: Emergencies, Armed Conflict, and Terrorism
3: Natalino Ronzitti: Access to Justice and Compensation for Violations of the Law of War
4: Martin Scheinin: Access to Justice before International Human Rights Bodies: Reflections on the Practice of the UN Human Rights Committee and the European Court of Human Rights
5: Catherine Redgwell: Access to Environmental Justice
6: Eva Storskrubb and Jacques Ziller: Access to Justice in European Comparative Law
7: Rory Stephen Brown: Access to Justice for Victims of Torture

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

Contributors:

Francesco Francioni,

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

Fionnuala Ní Aoláin,

Professor of Law, University of Minnesota

Natalino Ronzitti,

Professor of International Law, LUISS University Law School, Rome

Martin Scheinin,

Professor of Constitutional and International Law, Director of the Institute for Human Rights, Åbo Akademi University, Finland

Catherine Redgwell,

Professor of International Law, University College, London