The access of individuals to international justice / Antônio Augusto Cançado Trindade.
2011
K3240 .T7498 2011 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Title
The access of individuals to international justice / Antônio Augusto Cançado Trindade.
Published
Oxford ; New York : Oxford University Press, 2011.
Call Number
K3240 .T7498 2011
ISBN
9780199580958 (cloth : alk. paper)
0199580952 (cloth : alk. paper)
9780199580965 (pbk. : alk. paper)
0199580960 (pbk. : alk. paper)
0199580952 (cloth : alk. paper)
9780199580965 (pbk. : alk. paper)
0199580960 (pbk. : alk. paper)
Description
xxix, 236 pages ; 24 cm.
System Control No.
(OCoLC)754149817
Bibliography, etc. Note
Includes bibliographical references (pages [213]-229) and index.
Record Appears in
Table of Contents
Tables of Cases
xiii
Table of International Treaties, Conventions, and Instruments
xx
Table of Statutes of International Courts
xxiv
Table of National Legislation
xxv
Introduction
xxvii
I.
The Historical Recovery of the Human Person as Subject of the Law of Nations
1
I.
Introduction: The Legacy of the Individual's Subjectivity in the Emerging Law of Nations
1
II.
The Individual's Presence and Participation in the International Legal Order
3
III.
The Rescue of the Individual as a Subject of International Law
6
IV.
Personality and Capacity: the Individual's Access to Justice at International Level
13
V.
Concluding Observations: The Historical Significance of the International Subjectivity of the Individual
15
II.
The Exercise of the Right of Access to International Justice: The Right of International Individual Petition
17
I.
Evolution and Juridical Nature of the Right of Individual Petition
17
II.
Consolidation and Scope of the Right of Individual Petition
20
III.
The Titularity of the Right of Individual Petition: Distinct Formulations
22
IV.
The Significance and Overriding Importance of the Right of Individual Petition
27
V.
The Right of Direct Access of Individuals to International Human Rights Tribunals
32
1.
Developments in the European System of Protection
32
2.
Developments in the Inter-American System of Protection
37
3.
Developments in the African System of Protection
46
VI.
Concluding Observations
47
III.
Access to Justice at International Level and the Right to an Effective Domestic Remedy
50
I.
Access to International Justice and Admissibility of Petitions
50
II.
The Right to an Effective Domestic Remedy as a Basic Pillar of the Rule of Law in a Democratic Society
51
III.
The Intangibility of Judicial Guarantees in All Circumstances
56
IV.
The Right to Recognition of Juridical Personality
58
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
59
IV.
The Interrelation between the Access to Justice (Right to an Effective Remedy) and the Guarantees of the Due Process of Law
63
I.
Introduction
63
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 IACtHR
64
III.
The Overcoming of Vicissitudes as to the Right to an Effective Remedy in the Jurisprudential Construction of the ECtHR
66
IV.
The Right of Access to Justice Lato Sensu
71
V.
Concluding Observations
74
V.
Access to International Justice in Relation to the Interaction between International Law and Domestic Law
76
I.
Access to International Justice of Victims of Human Rights Violations: General Considerations
76
II.
The Interaction between International Law and Domestic Law in Human Rights Protection
82
III.
The Needed Revision or Control of Reservations to Human Rights Treaties
89
IV.
The Interaction between International Law and Domestic Law and the Rule of Exhaustion of the Local Remedies
98
1.
Human Rights Treaties and the Role of National Courts
98
2.
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
99
3.
The Rationale of the Local Remedies Rule in Human Rights Protection
100
V.
The Principle of Complementarity in International Criminal Law
107
VI.
Beyond Subsidiarity: State Responsibility, Substantive Law, and the Interaction between International Law and Domestic Law in the Present Domain of Protection
110
VI.
Access to Justice: The Safeguard and Preservation of the Integrity of International Jurisdiction
113
I.
The Intangibility of International Jurisdiction
113
II.
The Position of International Human Rights Tribunals
114
1.
Developments in the European Human Rights System
114
2.
Developments in the Inter-American Human Rights System
115
3.
General Assessment
118
III.
Direct Access of Individuals in Provisional Measures of Protection
119
IV.
Access to Justice: The Realization of the Right to Justice
120
V.
The Prevalence of the Guarantees of the Due Process of Law
122
VI.
Concluding Observations
123
VII.
New Developments in the Notion of `Potential Victim': The Preventive Dimension of Protection
125
I.
Introduction
125
II.
Origins and Development of the Notion of Victim
125
III.
The Continuing Evolution of the Notion of `Potential Victim'
127
IV.
New Developments of the Notion of `Potential Victim'
129
1.
Autonomous Configuration of the Notion of Victim in its Preventive Dimension
130
2.
Condition of Victim and Legitimatio ad Causam: A Precision
130
V.
Concluding Observations
131
VIII.
The Protection of Victims in Situations of Great Adversity or Defencelessness --- I
132
I.
Introduction: International Protection of Victims in Distress
132
II.
The Drama of Uprootedness and the Growing Need of Protection of Migrants
133
III.
The Protection of Migrants in International Case-Law
142
1.
European Human Rights System
142
2.
Inter-American Human Rights System
144
a.
The Advisory Opinion on the Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law (1999)
145
b.
The Advisory Opinion on the Juridical Condition and Rights of Undocumented Migrants (2003)
147
IV.
Concluding Observations
149
IX.
The Protection of Victims in Situations of Great Adversity or Defencelessness --- II
151
I.
Introduction: The Centrality of the Suffering of the Victims
151
II.
The Protection of Abandoned or `Street Children'
152
III.
The Protection of Members of Peace Communities and Other Civilians in Situations of Armed Conflict
157
IV.
The Protection of Internally Displaced Persons
163
V.
The Protection of Persons under Sub-human Conditions of Detention
171
VI.
Concluding Observations: The Prevalence of Human Rights of Persons in Situations of Vulnerability
174
X.
Access to Justice of Victims of Massacres and Crimes of State
179
I.
Massacres and Crimes of State: Introductory Observations
179
II.
Victims of Massacres
182
III.
The Determination of the Aggravated Responsibility of the State
183
IV.
The Determination of the Condition of Victim
186
1.
Identified and Identifiable Victims: Identification of Victims at Distinct Stages of the Procedure
186
2.
Classification or Categorization of Victims
187
3.
Centrality and Expansion of the Notion of Direct Victim
188
V.
The Victims' Right to Redress
189
VI.
Concluding Observations
190
XI.
The Overcoming of Obstacles to Direct Access to Justice
192
I.
Introduction
192
II.
The Proper Role of International Human Rights Tribunals
193
III.
Towards the End of Self-Amnesties
194
IV.
The Right to the Law (droit au Droit/Derecho al Derecho) as an Imperative of Jus Cogens
196
V.
The Expansion of the Material Content of Jus Cogens
198
VI.
The Evolving Presence of Victims in International Criminal Jurisdictions
201
VII.
Concluding Observations: The Protection of the Human Person in the Light of Considerations of International Ordre Public
205
Conclusions
209
Select Bibliography
213
I.
Books
213
II.
Courses, Collections, Contributions to Books
218
III.
Monographs and Reports
224
IV.
Articles
225
Index
231