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By Francesco Francioni

In overseas legislations, as in the other criminal process, appreciate and defense of human rights may be assured purely through the provision of powerful judicial treatments. while a correct is violated or harm is triggered, entry to justice is of basic significance for the injured person and it's an integral part of the guideline of legislations. but, entry to justice as a human correct is still tricky in overseas legislations. First, simply because person entry to foreign justice continues to be extraordinary and in keeping with particular treaty preparations, instead of on common ideas of foreign legislation; moment, simply because even if such correct is assured as a question of treaty legal responsibility, different norms or doctrines of overseas legislations may well successfully bog down its workout, as when it comes to sovereign immunity or non reviewability of UN protection Council measures at once affecting participants. additional, even entry to family criminal treatments is pain as a result of constraints placed through safeguard threats, corresponding to terrorism, at the complete safety of freedom and human rights.

This selection of essays bargains seven special views at the current prestige of entry to justice: its improvement in normal overseas legislation, the tension wear it in instances of emergency, its problematical workout in terms of violations of the legislation of struggle, its software to torture sufferers, its improvement within the case legislation of the UN Human Rights Committee and of the ecu court docket of Human Rights, its program to the rising box of environmental justice, and eventually entry to justice as a part of primary rights in eu law.

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He teaches public law, among others French procedural law of administrative courts, comparative law, and European law. He has published numerous books and articles on comparative public law, EU law, and administrative sciences. 63 1 The Rights of Access to Justice under Customary International Law FRANCESCO FRANCIONI1 I. THE DEVELOPMENT OF ACCESS TO JUSTICE IN CUSTOMARY LAW A. Introduction In international law, as in any domestic legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies.

Catherine Redgwell is Professor of International Law at University College London, having previously held positions at the Universities of Oxford, Nottingham, and Manchester. She is also Joint General Editor of the International and Comparative Law Quarterly. Professor Redgwell’s research interests lie in the public international law field, especially international energy law and international environmental law, in which she has published widely. Forthcoming publications include co-authoring, with Professor Alan Boyle, the third edition of Birnie and Boyle’s International Law and the Environment (Oxford University Press) and as co-editor and contributor to Beyond the Carbon Economy (Oxford University Press).

1 (2005) 213n Draft Declaration of Principles on Human Rights and the Environment, annexed to UN Doc. 4/ Special Rapporteur’s Report on Human Rights and the Environment, UN Doc E/CN. 4/Sub. 1 (May/June 1973) 87n UN General Assembly Ad Hoc Committee on Terrorism, Report, 5th Session (12–23 Feb 2001), UN Doc A/56/ 37 87n OTHER INTERNATIONAL INSTRUMENTS Geneva Conventions (1864–1949) common clauses 112–13 42 78–80, 95, 117 Common Article 1 126 Common Article 3 83–4, 86, 114–15 Convention I for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1864–1949) 79 Convention II for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (1949) 79 Convention III relative to the Treatment of Prisoners of War (1929–49) 79, 80 Articles 96, 99–108 80 Convention IV relative to the Protection of Civilian Persons in Time of War (1949) 79 Articles 54, 64–74, 117–26 Additional Protocol I (1977) Article 1 80 79, 79n, 103 79 Article 44 80 Article 75 80–1, 98 Article 91 110–11, 115–16 Additional Protocol II (1977) 43 84–5, 85n, 109, 114–15 Article 6 86 (projected) Additional Protocol on IHL Hague Conventions 134 95, 96 Convention III on prisoners of war (1899) Convention IV on war on land (1907) Article 3 80 80, 96, 103 110–11, 115–16 Hague Regulations (1899/ 1907) 78–9, 80, 128 Hague Convention on the Service of Documents (1965) 199n Hague Convention (1970) 199n on the Taking of Evidence Johannesburg Principles on the Role of Law and Sustainable Development (2002) 172 League of Nations Convention for the Prevention and Punishment of the Crime of Terrorism (1938) 19 League of Nations Official Journal 23 86–7 Permanent Court of Arbitration, Optional Rules for Arbitration (2001) and Conciliation (2002) of Disputes Relating to Natural Resources and/or the Environment 155–6n Sèvres Treaty (1920) 207n 44 Sohn and Baxter (Harvard) Draft Convention on the International Responsibility of States for Injuries to Aliens, 55 AJIL 14 Versailles Treaty (1919) 16–17, 128, 207n Vienna Convention on Consular Relations (1963) 36 Article 36 36n Vienna Convention on the Law of Treaties (1969) Article 19 165n Article 31 217n 170 World Bank Convention on the Settlement of Investment Disputes (1965) 19 World Summit on Sustainable Development Plan of Implementation (2002) 154n REGIONAL INSTRUMENTS Africa African Charter on Human and Peoples’ Rights, 1981 ((1982) 21 ILM 58) 35–6, 42 Article 3 32 Article 4 96, 100 45 Article 7 3–4n, 32 Article 24 156–7 African Union, ‘Declaration of the Second High-Level Intergovernmental meeting on the Preventing and Combating of Terrorism in Africa,’ Mtg/HLIG/Conv.

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