ISBN:
019923308X
,
0199233098
,
9780199233083
,
9780199233090
Language:
English
Pages:
XXVIII, 244 S.
,
24cm
Edition:
1. publ.
Series Statement:
The collected courses of the Academy of European Law 16,4
DDC:
341.4/8
Keywords:
Legal aid
;
Due process of law
;
Human rights
;
Justice, Administration of
;
Equality before the law
;
Legal assistance to the poor
;
Aufsatzsammlung
;
Armut
;
Rechtshilfe
;
Gleichbehandlung
;
Menschenrecht
Abstract:
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.
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