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The Access of Individuals to International Justice

The Access of Individuals to International Justice
 

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.

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Quick Reference

ISBN 9780199580958
Barcode 9780199580958
Published 4 February 2010 by Oxford University Press (S1)
Format Hardback
Alternate Format(s) View All (1 other possible title(s) available)
Author(s) By Trindade, Antonio Augusto Cancado
Series Collected Courses of the Academy of European Law
Availability Indent title (sourced internationally), usually ships 4-6 weeks post release/order

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Full details for this title

ISBN-13 9780199580958
ISBN-10 0199580952
Stock Available
Status Indent title (sourced internationally), usually ships 4-6 weeks post release/order
Publisher Oxford University Press (S1)
Imprint Oxford University Press
Publication Date 4 February 2010
International Publication Date 10 May 2011
Publication Country United Kingdom United Kingdom
Format Hardback
Author(s) By Trindade, Antonio Augusto Cancado
Series Collected Courses of the Academy of European Law
Category International Human Rights Law
International Humanitarian Law
Citizenship & Nationality Law
Number of Pages 272
Dimensions Width: 162mm
Height: 236mm
Spine: 21mm
Weight 560g
Interest Age General Audience
Reading Age General Audience
Library of Congress Justice, Administration of, Human rights
NBS Text International Law: Professional
ONIX Text Professional and scholarly
Dewey Code 341.48
Catalogue Code Not specified

Description of this Book

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 individual petition, together with the safeguard of the integrity of international jurisdiction, constitute the basic foundations of the emancipation of the individual vis-a-vis his own State. This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens. Furthermore, the very notion of victim (encompassing direct, indirect and potential victims) has been the subject of a considerable international case-law. Victims have had their cause vindicated in situations of utmost adversity, if not defencelessness (e.g., abandoned or street children , undocumented migrants, members of peace communities in situations of armed conflict, internally displaced persons, individuals in infra-human conditions of detention, surviving victims of massacres).

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Awards, Reviews & Star Ratings

NZ Review The book has profound substance and definitely makes a contribution not only to existing, but probably also to future, legal scholarship. It is well suited for international human rights courses at postgraduate university level and could also be an important guide for international human rights practitioners. Johannes van Aggelen, Leiden Journal of International Law

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Author's Bio

Antonio A. Cancado Trindade is a Judge of the International Court of Justice, the former President of the Inter-American Court of Human Rights, and held the post of Professor of International Law at the University of Brasilia from 1978 to 2009.

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