ISBN-10: 0191018651

ISBN-13: 9780191018657

Publish 12 months note: First released December 1st 2007

In overseas legislations, as in the other criminal method, recognize and security of human rights should be assured purely by means of the supply of powerful judicial treatments. whilst a correct is violated or harm is prompted, entry to justice is of basic value for the injured person and it really is a vital part of the guideline of legislation.

Yet, entry to justice as a human correct is still frustrating in foreign legislations. First, simply because person entry to foreign justice is still unheard of and in line with particular treaty preparations, instead of on normal rules of foreign legislation; moment, simply because even if such correct is assured as a question of treaty legal responsibility, different norms or doctrines of foreign legislations may perhaps successfully hamper its workout, as on the subject of sovereign immunity or non reviewability of UN safeguard Council measures without delay affecting members. additional, even entry to household criminal treatments is pain a result of constraints placed by means of safety threats, similar to terrorism, at the complete safeguard of freedom and human rights.

This selection of essays deals seven unique views at the current prestige of entry to justice: its improvement in general foreign legislation, the tension wear it in instances of emergency, its not easy workout when it comes to violations of the legislations of warfare, its software to torture sufferers, its improvement within the case legislation of the UN Human Rights Committee and of the eu court docket of Human Rights, its software to the rising box of environmental justice, and at last entry to justice as a part of primary rights in eu legislations.

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Additional info for Access to Justice as a Human Right (Collected Courses of the Academy of European Law)

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He leads the Nordic School in Human Rights Research, which is a cooperative framework for doctoral studies in the field of human rights in the five Nordic countries. From 1997 to 2004 he was a member of the Human Rights Committee under the International Covenant on Civil and Political Rights. Currently he serves as the United Nations special rapporteur on human rights and counter-terrorism. As of 1 September 2008, he will join the European University Institute as Professor of Public International Law.

1/2004/3, 8 Jan 2004 165n European Union (and related bodies) Treaties and Conventions Basle Convention on State Immunity, 16 May 1972 104, 207 Brussels Convention on Jurisdictional Competence and Recogniotion of Judgments on Civil and Commercial Matters (1968) 106 Charter of Fundamental Rights of the European Union, 2000 184–7, 189 Article 47 3n, 4, 13–14, 13–14n, 32, 158 Article 51 185n Article 52 185n Constitutional Treaty Constitution for Europe), 2004 Article I-9 Article I-29 198 185–6 49 (Treaty 184–7 Establishing a Article II-107 184–5 Article II-111 185n Article II-112 185n Article III-269 187 Article III-365 197 Convention for the Protection of Human Rights and Fundamental Freedoms, 4 Nov 2000 13–14n Convention on the Future of Europe (2001) 189 EC Treaty (Treaty of Rome) Article 65 187, 199–200n Article 230 169, 195–7, 195n Article 234 195–6 European Convention on Human Rights and Fundamental Freedoms (ECHR), 1950 (CETS No 005) 7, 24, 28, 42, 59, 64, 90–1, 117, 124–7, 135–7, 142–7, 177, 183, 200 Article 1 49, 124, 125 Article 2 45–6, 74, 96, 98–100, 125, 127 Article 3 46, 74, 91, 126, 144, 145, 207 50 Article 5 46, 65–6, 67, 68, 70–1, 91 Article 6 3, 133, 144, 154, 197, 218–19 Article 8 145 Article 11 105 Article 13 4, 31–2, 45–6, 74, 158, 197 Article 15 43, 70n, 98–100, 104, 125–6 Article 25 42 Article 34 143, 197–8 Article 35 151 Article 36 127 Article 37 152 Article 39 152 Article 46 137n Protocol 1 96, 152 Protocol 7 35 Protocol 11 42, 42n, 64 Protocol 14 150–2, 150n, 151n 51 European Convention on State Immunity (CETS No 74), 11 June 1976 51 European Convention on the Non-Applicability of Statutory Limitations to Crimes Against Humanity and War Crimes(1974) 113 Protocol Amending the European Convention on the Suppression of Terrorism, ETS No 190 (15 May 2003) 87n Treaty of Amsterdam (1997) Treaty 1992) 199 of Article 31 European 199 Union (Maastricht Treaty, 199–200n Treaty of Nice (2001) 197n Directives and Regulations Council Directive (EC) 2003/8 on legal aid, [2003] OJ L26/41 and corrigendum [2003] OJ L32/15 201–3 Article 1 201 Article 2 201n Article 3 202n Article 5 202n Article 8 202n 52 Article 15 202n Directive (EC) 98/27 on injunctions for the protection of consumer interests [1998]OJ L115/31 190 Directive (EC) 2003/4 on environmental information 163n public Directive (EC) 2003/35 providing participation in the drawing up of plans 163n Regulation (EC) 990/93 for to public 51–2 Regulation (EC) 44/2001 106–7 Regulation (EC) 467/2001 52n Regulation (EC) 2199/2001 52n Regulation (EC) 2580/2001 52n Regulation (EC) 881/2002 access 52n Non-binding and miscellaneous documents Council of Europe, Decision 2001/470 of 28 May 2001 [2001] OJ L174/25 192n 7 Council of Europe, Decision 2004/752 [2004] OJ L33/ 199n Council of Europe, Recommendation R(81)7 53 190n Decision of the President of the ECJ, [2005] OJ 2005 L352/1 199n 13 European Commission, Action Plan COM (1996) 190n 198 European Commission, Communication COM (1998) 190n 328 European Commission, Communication COM (2004) 200n 746 European Commission, Green Paper COM (2002) 189–90 European Commission, legislative proposal COM (2005) 87 190 European Commission, Proposal for a Framework Decision on certain procedural rights in criminal proceedings throughout the EU, COM (2004) 328 200–1 European Commission, Recommendation [1998] OJ L166/51 190n Framework Decision on the European Arrest Warrant, 13 June 2002 87n Kiev protocol on Pollutant Release and Transfer Registers (2003) 162n 54 Sofia Guidelines on Access to Environmental Information and Public Participation in Environmental Decision-Making (1995) 164, 170 Non-EU/ECE documents OSCE Charter on Preventing and Terrorism, Mc(10).

He has published in the fields of European human rights law, international law, and international studies. His current research investigates the effect of state responses to terrorism on law. Francesco Francioni is Professor of International Law and Human Rights at the European University Institute, Florence, and at the Law Faculty of the University of Siena. He is a Director of the Academy of European Law and General Editor of the Italian Yearbook of International Law. Professor Francioni is a member of the American Law Institute and of the Executive Board of the European Society of International Law.

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Access to Justice as a Human Right (Collected Courses of the Academy of European Law)

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