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Books > Law > International law > Public international law > International humanitarian law
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Access to Justice as a Human Right (Paperback)
Loot Price: R1,880
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Access to Justice as a Human Right (Paperback)
Series: Collected Courses of the Academy of European Law
Expected to ship within 12 - 19 working days
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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.
General
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