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Author: Rishi Gulati
Publisher: Cambridge University Press
ISBN: 1108837549
Category : Law
Languages : en
Pages : 255
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Book Description
This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.
Author: Rishi Gulati
Publisher: Cambridge University Press
ISBN: 1108837549
Category : Law
Languages : en
Pages : 255
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Book Description
This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.
Author: Pierre Schmitt
Publisher: Edward Elgar Publishing
ISBN: 1786432897
Category : Law
Languages : en
Pages : 407
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Book Description
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.
Author: Steven R. Ratner
Publisher: Oxford University Press, USA
ISBN: 0198704046
Category : Law
Languages : en
Pages : 497
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Book Description
Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.
Author:
Publisher: BRILL
ISBN: 9004296069
Category : Business & Economics
Languages : en
Pages : 375
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Book Description
Immunity rules are part and parcel of the law of international organizations. It has long been accepted that international organizations and their staff need to enjoy immunity from the jurisdiction of national courts. However, it is the application of these rules in practice that increasingly causes controversy. Claims against international organizations are brought before national courts by those who allegedly suffer from their activities. These can be both natural and legal persons such as companies. National courts, in particular lower courts, have often been less willing to recognize the immunity of the organization concerned than the organization’s founding fathers. Likewise, public opinion and legal writings frequently criticize international organizations for invoking their immunity and for the lack of adequate means of redress for claimants. It is against this background that an international conference was organized at Leiden University in June 2013. A number of highly qualified academics and practitioners gave presentations and prepared written contributions that are collected in this book. This book is published to celebrate the 10th anniversary of the International Organizations Law Review, in which these contributions have also been published (Vol. 10, issue 2, 2014).
Author: August Reinisch
Publisher: Cambridge University Press
ISBN: 0521653266
Category : Law
Languages : en
Pages : 523
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Book Description
A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-based right of access to court on immunizing international organizations against national jurisdictions. Finally he identifies contemporary trends, seeking to ascertain whether a more flexible principle exempting certain types of disputes from domestic adjudication might substitute for the traditional immunity concept, which would simultaneously guarantee the functioning and independence of international organizations without impairing private parties' access to a fair dispute settlement procedure.
Author:
Publisher: BRILL
ISBN: 9004441034
Category : Law
Languages : en
Pages : 342
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Book Description
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.
Author: Siddharth Peter De Souza
Publisher: EUP
ISBN: 9781474473873
Category : Law
Languages : en
Pages : 0
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Book Description
Around four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices.
Author: John Linarelli
Publisher: Edward Elgar Publishing
ISBN: 1782549056
Category : Law
Languages : en
Pages : 366
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Book Description
The fairness of institutions of global economic governance ranks among the most pressing issues of our time.
Author: Yash Ghai CBE
Publisher: Routledge
ISBN: 1135236135
Category : Law
Languages : en
Pages : 281
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Book Description
Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.
Author: Francesco Francioni
Publisher: OUP Oxford
ISBN: 0191018651
Category : Law
Languages : en
Pages : 272
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Book Description
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.
