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Access of Individuals to International Justice

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ISBN-10: 0199580960

ISBN-13: 9780199580965

Edition: 2010

Authors: Ant�nio Augusto Can�ado Trindade

List price: $60.00
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This book contends that the right of access to justice (at national and international levels) constitutes a basic cornerstone of the international protection of human rights, and conforms a true right to the Law. It amounts, lato sensu, to the right to the realization of justice. In such understanding, it comprises not only the formal access to a tribunal or judge, but also respect for the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution of judgments. On its part, the right to an effective domestic remedy is a basic pillar of the rule of law in a democratic society. In its part, the right of international…    
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Book details

List price: $60.00
Copyright year: 2010
Publisher: Oxford University Press
Publication date: 8/25/2011
Binding: Paperback
Pages: 300
Size: 9.10" wide x 6.10" long x 0.70" tall
Weight: 0.902

Tables of Cases
Table of International Treaties, Conventions, and Instruments
Table of Statutes of International Courts
Table of National Legislation
Introduction
The Historical Recovery of the Human Person as Subject of the Law of Nations
Introduction: The Legacy of the Individual's Subjectivity in the Emerging Law of Nations
The Individual's Presence and Participation in the International Legal Order
The Rescue of the Individual as a Subject of International Law
Personality and Capacity: the Individual's Access to Justice at International Level
Concluding Observations: The Historical Significance of the International Subjectivity of the Individual
The Exercise of the Right of Access to International Justice: The Right of International Individual Petition
Evolution and Juridical Nature of the Right of Individual Petition
Consolidation and Scope of the Right of Individual Petition
The Titularity of the Right of Individual Petition: Distinct Formulations
The Significance and Overriding Importance of the Right of Individual Petition
The Right of Direct Access of Individuals to International Human Rights Tribunals
Developments in the European System of Protection
Developments in the Inter-American System of Protection
Developments in the African System of Protection
Concluding Observations
Access to Justice at International Level and the Right to an Effective Domestic Remedy
Access to International Justice and Admissibility of Petitions
The Right to an Effective Domestic Remedy as a Basic Pillar of the Rule of Law in a Democratic Society
The Intangibility of Judicial Guarantees in All Circumstances
The Right to Recognition of Juridical Personality
The Converging Case-Law of the European and Inter-American Courts of Human Rights on the Rights of Access to Justice and to a Fair Trial
The Interrelation between the Access to Justice (Right to an Effective Remedy) and the Guarantees of the Due Process of Law
Introduction
The Interrelation between the Access to Justice (Right to an Effective Remedy) and the Guarantees of the Due Process of Law in the Case-Law of the IACtHR
The Overcoming of Vicissitudes as to the Right to an Effective Remedy in the Jurisprudential Construction of the ECtHR
The Right of Access to Justice Lato Sensu
Concluding Observations
Access to International Justice in Relation to the Interaction between International Law and Domestic Law
Access to International Justice of Victims of Human Rights Violations: General Considerations
The Interaction between International Law and Domestic Law in Human Rights Protection
The Needed Revision or Control of Reservations to Human Rights Treaties
The Interaction between International Law and Domestic Law and the Rule of Exhaustion of the Local Remedies
Human Rights Treaties and the Role of National Courts
The State's Duty to Provide Effective Local Remedies and the Individual's Duty to Have Recourse to Them: The Emphasis on Redress or the Realization of Justice
The Rationale of the Local Remedies Rule in Human Rights Protection
The Principle of Complementarity in International Criminal Law
Beyond Subsidiarity: State Responsibility, Substantive Law, and the Interaction between International Law and Domestic Law in the Present Domain of Protection
Access to Justice: The Safeguard and Preservation of the Integrity of International Jurisdiction
The Intangibility of International Jurisdiction
The Position of International Human Rights Tribunals
Developments in the European Human Rights System
Developments in the Inter-American Human Rights System
General Assessment
Direct Access of Individuals in Provisional Measures of Protection
Access to Justice: The Realization of the Right to Justice
The Prevalence of the Guarantees of the Due Process of Law
Concluding Observations
New Developments in the Notion of 'Potential Victim': The Preventive Dimension of Protection
Introduction
Origins and Development of the Notion of Victim
The Continuing Evolution of the Notion of 'Potential Victim'
New Developments of the Notion of 'Potential Victim'
Autonomous Configuration of the Notion of Victim in its Preventive Dimension
Condition of Victim and Legitimatio ad Causam: A Precision
Concluding Observations
The Protection of Victims in Situations of Great Adversity or Defencelessness - I
Introduction: International Protection of Victims in Distress
The Drama of Uprootedness and the Growing Need of Protection of Migrants
The Protection of Migrants in International Case-Law
European Human Rights System
Inter-American Human Rights System
The Advisory Opinion on the Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law (1999)
The Advisory Opinion on the Juridical Condition and Rights of Undocumented Migrants (2003)
Concluding Observations
The Protection of Victims in Situations of Great Adversity or Defencelessness - II
Introduction: The Centrality of the Suffering of the Victims
The Protection of Abandoned or 'Street Children'
The Protection of Members of Peace Communities and Other Civilians in Situations of Armed Conflict
The Protection of Internally Displaced Persons
The Protection of Persons under Sub-human Conditions of Detention
Concluding Observations: The Prevalence of Human Rights of Persons in Situations of Vulnerability
Access to Justice of Victims of Massacres and Crimes of State
Massacres and Crimes of State: Introductory Observations
Victims of Massacres
The Determination of the Aggravated Responsibility of the State
The Determination of the Condition of Victim
Identified and Identifiable Victims: Identification of Victims at Distinct Stages of the Procedure
Classification or Categorization of Victims
Centrality and Expansion of the Notion of Direct Victim
The Victims' Right to Redress
Concluding Observations
The Overcoming of Obstacles to Direct Access to Justice
Introduction
The Proper Role of International Human Rights Tribunals
Towards the End of Self-Amnesties
The Right to the Law (droit au Droitl Derecho al Derecho) as an Imperative of Jus Cogens
The Expansion of the Material Content of Jus Cogens
The Evolving Presence of Victims in International Criminal Jurisdictions
Concluding Observations: The Protection of the Human Person in the Light of Considerations of International Ordre Public
Conclusions
Select Bibliography
Books
Courses, Collections, Contributions to Books
Monographs and Reports
Articles
Index