The access of individuals to international justice / Antônio Augusto Cançado Trindade.

Format:

Book

Author/Creator:

Trindade, Antônio Augusto Cançado, 1947- author.

Series:

Collected courses of the Academy of European Law ; Volume 18/1.

The collected courses of the Academy of European Law ; Volume 18/1

Language:

English

Subjects (All):

Human rights.

Justice, Administration of.

Physical Description:

1 online resource (597 p.)

Place of Publication:

Oxford : Oxford University Press, [2011]

Language Note:

English

Summary:

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 b

Contents:

Cover; Title Page; Copyright Page; Contents; Tables of Cases; Table of International Treaties, Conventions, and Instruments; Table of Statutes of International Courts; Table of National Legislation; Introduction; I. The Historical Recovery of the Human Person as Subject of the Law of Nations; I. Introduction: The Legacy of the Individual's Subjectivity in the Emerging Law of Nations; II. The Individual's Presence and Participation in the International Legal Order; III. The Rescue of the Individual as a Subject of International Law

IV. Personality and Capacity: the Individual's Access to Justice at International LevelV. Concluding Observations: The Historical Significance of the International Subjectivity of the Individual; II. The Exercise of the Right of Access to International Justice: The Right of International Individual Petition; I. Evolution and Juridical Nature of the Right of Individual Petition; II. Consolidation and Scope of the Right of Individual Petition; III. The Titularity of the Right of Individual Petition: Distinct Formulations

IV. The Significance and Overriding Importance of the Right of Individual PetitionV. The Right of Direct Access of Individuals to International Human Rights Tribunals; 1. Developments in the European System of Protection; 2. Developments in the Inter-American System of Protection; 3. Developments in the African System of Protection; VI. Concluding Observations; III. Access to Justice at International Level and the Right to an Effective Domestic Remedy; I. Access to International Justice and Admissibility of Petitions

II. The Right to an Effective Domestic Remedy as a Basic Pillar of the Rule of Law in a Democratic SocietyIII. The Intangibility of Judicial Guarantees in All Circumstances; IV. The Right to Recognition of Juridical Personality; V. 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; IV. The Interrelation between the Access to Justice (Right to an Effective Remedy) and the Guarantees of the Due Process of Law; I. Introduction

II. 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 IACtHRIII. The Overcoming of Vicissitudes as to the Right to an Effective Remedy in the Jurisprudential Construction of the ECtHR; IV. The Right of Access to Justice Lato Sensu; V. Concluding Observations; V. Access to International Justice in Relation to the Interaction between International Law and Domestic Law; I. Access to International Justice of Victims of Human Rights Violations: General Considerations

II. The Interaction between International Law and Domestic Law in Human Rights Protection

Notes:

Description based upon print version of record.

Includes bibliographical references (pages [213]-229) and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-958096-0

0-19-172878-0

0-19-102955-6

0-19-101891-0

OCLC:

1325913691