Description
Book SynopsisIn 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,
Table of Contents1. The Rights of Access to Justice under Customary International Law ; 2. The Individual Right of Access to Justice in Times of Crisis: Emergencies, Armed Conflict, and Terrorism ; 3. Access to Justice and Compensation for Violations of the Law of War ; 4. 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. Access to Environmental Justice ; 6. Access to Justice in European Comparative Law ; 7. Access to Justice for Victims of Torture
