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| Author | : Rishi Gulati |
| Publisher | : Cambridge University Press |
| Total Pages | : 255 |
| Release | : 2022-03-17 |
| Genre | : Law |
| ISBN | : 1108837549 |
This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.
| Author | : Patrick Keyzer |
| Publisher | : Routledge |
| Total Pages | : 307 |
| Release | : 2014-11-20 |
| Genre | : Political Science |
| ISBN | : 1317661117 |
There is much debate about the scope of international law, its compatibility with individual state practice, its enforceability and the recent and limited degree to which it is institutionalized. This collection of essays seeks to address the issue of access to justice, the related element of domestic rule of law which does not yet figure significantly in debates about international rule of law. Even in cases in which laws are passed, institutions are present and key players are ethically committed to the rule of law, those whom the laws are intended to protect may be unable to secure protection. This is an issue in most domestic jurisdictions but also one which poses severe problems for international justice worldwide. The book will be of interest to academics and practitioners of international law, environmental law, transitional justice, international development, human rights, ethics, international relations and political theory.
| Author | : Pierre Schmitt |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 407 |
| Release | : 2017-08-25 |
| Genre | : Law |
| ISBN | : 1786432897 |
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 | : Francesco Francioni |
| Publisher | : OUP Oxford |
| Total Pages | : 272 |
| Release | : 2007-10-25 |
| Genre | : Law |
| ISBN | : 0191018651 |
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.
| Author | : Law Society of Upper Canada |
| Publisher | : Irwin Law |
| Total Pages | : 268 |
| Release | : 2005 |
| Genre | : Aide juridique |
| ISBN | : 9780887594151 |
This book is a timely addition to the literature on access to justice. The book's essays address all aspects of the topic, including differing views on the meaning of access to justice; ways to improve access to legal services; litigation and its role in achieving social justice; and the roles of lawyers, citizens, and legal insitutions. Access to Justice for a New Century is based on papers given at an international symposium presented by the Law Society of Upper Canada, sponsored by the Law Foundation of Ontario.
| Author | : Leonardo de Oliveira |
| Publisher | : Kluwer Law International |
| Total Pages | : 368 |
| Release | : 2020-11-17 |
| Genre | : |
| ISBN | : 9789403506913 |
Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts - such as labour and employment, sports, and competition disputes, and those involving human rights violations - raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.
| Author | : Eilionóir Flynn |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 193 |
| Release | : 2015-03-28 |
| Genre | : Law |
| ISBN | : 1472418611 |
Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.
| Author | : Helena Whalen-Bridge |
| Publisher | : Cambridge University Press |
| Total Pages | : 391 |
| Release | : 2022-10-06 |
| Genre | : Law |
| ISBN | : 100905077X |
To a disturbing degree, we are at the mercy of our time and place. While law may provide relief for some of life's troubles, that requires access to justice. Accessibility is the focus of this volume, which expands analysis of access to justice beyond the US and the UK to Asia and other comparative jurisdictions. Chapters characterise access to justice dynamics in these jurisdictions by addressing how access is understood, how it is achieved or not achieved, and how the jurisdiction should improve. The book addresses some issues seldom addressed in analyses of western jurisdictions, such as paid mandatory legal services and mandatory public interest activities, and provides English translations of relevant regulations. The book expands our understanding of access to justice with a comparative perspective, one that allows readers to identify relationships between access and its constitutive environment.
| Author | : Asher Flynn |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 333 |
| Release | : 2017-01-26 |
| Genre | : Law |
| ISBN | : 1509900861 |
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
| Author | : Marjorie Mayo |
| Publisher | : Policy Press |
| Total Pages | : 176 |
| Release | : 2014-03-01 |
| Genre | : Social Science |
| ISBN | : 1447311027 |
Justice is a basic human right in all democratic doctrines, but in Britain, where welfare has faced recent market-based reforms, it’s increasingly a right available only to those who can afford it. Professionals and volunteers are struggling to provide services such as legal counselling and representation to disadvantaged communities. This book explores how strategies to safeguard these vital services can strengthen, rather than undermine, the basic ethics and principles of public service provision. The authors show how such safeguarding might improve the positions of those who administer—as well as those who need—publicly provided legal services. Though focused on Britain, their findings reverberate to the United States and all democracies undergoing similar challenges in the public sphere.
