Access to Justice as a Human Right (Collected Courses of the Academy of European Law)

. Ed(s): Francioni, Francesco

ISBN 10: 019923308X / ISBN 13: 9780199233083

Published by OUP Oxford, 2007

About this Item

This collection of essays examines the problem of securing access to justice in the enforcement of international human rights law. The perspectives included here include access to environmental justice, access to justice for torture victims, and access to justice before international judicial bodies. Editor(s): Francioni, Francesco. Series: Collected Courses of the Academy of European Law. Num Pages: 272 pages, black & white illustrations. BIC Classification: JPVH; LBBP; LBBR; LBBS. Category: (P) Professional & Vocational. Dimension: 241 x 166 x 21. Weight in Grams: 554. . 2007. New. hardcover. . . . . Books ship from the US and Ireland.

Seller Inventory # V9780199233083

Bibliographic Details

• Title: Access to Justice as a Human Right (Collected Courses of the Academy of European Law)
• Publisher: OUP Oxford
• Publication Date: 2007
• Language: English
• ISBN 10: 019923308X
• ISBN 13: 9780199233083
• Binding: Hardcover
• Condition: New

About this title

Synopsis

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