Access to Justice and International Organizations
Title | Access to Justice and International Organizations PDF eBook |
Author | Pierre Schmitt |
Publisher | Edward Elgar Publishing |
Pages | 407 |
Release | 2017-08-25 |
Genre | Law |
ISBN | 1786432897 |
Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.
Access to Justice as a Human Right
Title | Access to Justice as a Human Right PDF eBook |
Author | Francesco Francioni |
Publisher | OUP Oxford |
Pages | 272 |
Release | 2007-10-25 |
Genre | Law |
ISBN | 0191018651 |
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.
The Role of International Administrative Law at International Organizations
Title | The Role of International Administrative Law at International Organizations PDF eBook |
Author | |
Publisher | BRILL |
Pages | 342 |
Release | 2020-11-04 |
Genre | Law |
ISBN | 9004441034 |
The Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.
Access to Justice and International Organisations
Title | Access to Justice and International Organisations PDF eBook |
Author | Rishi Gulati |
Publisher | Cambridge University Press |
Pages | 255 |
Release | 2022-03-17 |
Genre | Law |
ISBN | 1108837549 |
This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.
Complicity and the Law of International Organizations
Title | Complicity and the Law of International Organizations PDF eBook |
Author | Magdalena Pacholska |
Publisher | Edward Elgar Publishing |
Pages | 275 |
Release | 2020-04-24 |
Genre | Law |
ISBN | 1839101369 |
This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment.
The right to a remedy and to reparation for gross human rights violations : a practitioners' guide
Title | The right to a remedy and to reparation for gross human rights violations : a practitioners' guide PDF eBook |
Author | Cordula Dröge |
Publisher | |
Pages | 0 |
Release | 2006 |
Genre | Government liability (International law) |
ISBN | 9789290371069 |
Beyond Human Rights
Title | Beyond Human Rights PDF eBook |
Author | Anne Peters |
Publisher | Cambridge University Press |
Pages | 645 |
Release | 2016-10-27 |
Genre | Law |
ISBN | 1107164303 |
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.