THE ACCESS OF INDIVIDULS TO INTERNATIONAL JUSTICEPDF电子书下载

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

Ⅳ 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

Ⅳ. 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

Ⅳ. 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

Ⅳ. 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