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Journal articles on the topic 'Hague Convention on International Access to Justice'
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1
Dragišić, Radmila. "Application of Brussels II bis regulation in exercising the right of access to a child by extended family members." Zbornik radova Pravnog fakulteta Nis 60, no. 90 (2021): 189–205. http://dx.doi.org/10.5937/zrpfn0-31490.
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In this paper, the author explores the sources of European Union Law that regulate one segment of parental responsibility - the right of access to a child. The focal point of research is the transition from the conventional (interstate) regulation of judicial cooperation in marital disputes and parental responsibility issues to the regulation enacted by the European Union institutions, with specific reference to the Brussels II bis Regulation. First, the author briefly points out to its relationship with other relevant international law sources regulating this subject matter: the Hague Convention on the Civil Aspects of International Child Abduction; the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in the Field of Parental Responsibility and Measures for the Protection of Children; and other international sources of law. Then, the author examines in more detail its relationship with the Brussels II bis recast Regulation, which will be applicable as of 1 August 2022. In addition, the paper includes an analysis of the first case in which the Court of Justice of the European Union (CJEU) decided on the application of the Brussels II bis Regulation, at the request of granparents to exercise the right of access to the child. On the issue of determining the competent court which has jurisdiction to decide on how this right shall be exercised, the CJEU had to decide whether the competent court is determined on the basis of the Brussels II bis Regulation or on the basis of national Private International Law rules. This paper is useful for the professional and scientific community because it deals (inter alia) with the issue of justification of adopting a special source of law at the EU level, which would regulate the issue of mutual enforcement of court decisions on the right of access to the child. This legal solution was proposed by the Republic of France, primarily guided by the fundamental right of the child to have contact with both parents.
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Lowe, Nigel, and Alison Perry. "International Child Abduction—The English Experience." International and Comparative Law Quarterly 48, no. 1 (January 1999): 127–55. http://dx.doi.org/10.1017/s0020589300062904.
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Since 1 August 19861 the United Kingdom has been party to two international conventions on child abduction: the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, and the European (Luxembourg) Convention of 20 May 1980 on the Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children. While differing in various respects, each Convention seeks to tackle the problem of international child abduction by expediting the return of children under the age of 16 to their country of habitual residence following a wrongful removal to or retention in another contracting State. The principal difference between the Conventions is that while the Hague Convention deals with breaches of “rights of custody” or rights of access which may arise whether or not any court order exists with regard to the child, the European Convention is concerned solely with the recognition and enforcement of orders and decisions relating to custody and access.
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van Ert, Gib, Greg J. Allen, and Eileen Patel. "Canadian Cases in Public International Law in 2012 / Jurisprudence canadienne en matière de droit international public en 2012." Canadian Yearbook of international Law/Annuaire canadien de droit international 50 (2013): 539–70. http://dx.doi.org/10.1017/s0069005800010924.
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Service of process — Hague Convention on Service Abroad — relationship with Ontario rules of courtKhan Resources Inc v Atomredmetzoloto JSC, 2012 ONSC 1522 (9 March 2012) (Ontario Superior Court of Justice)At issue in this case, as in the Alberta Court of Appeal’s decision in Metcalfe Estate v Yamaha Motor Powered Products, also treated in this volume, is the ability of the court to resort to its domestic rules in order to effect service on a foreign defendant where the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Service Convention) applies.
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Putra, Akbar Kurnia, Bernard Sipahutar, Vrandza Iswenanda, and Sulhi Muhammad Daud. "Legal Protection of Cultural Objects in the Armed Conflict." Jambe Law Journal 2, no. 1 (November 3, 2019): 79–97. http://dx.doi.org/10.22437/jlj.2.1.79-97.
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This article aims to overview how the International Humanitarian Law regulates the protection of cultural heritages at the event of armed conflict. Applying a normative legal method, this article coclude that the protection for the cultural objects during an armed conflict is regulated in the Hague Convention IV of 1907, the Geneva Conventions IV of 1949, the Hague Convention of 1954, and the Second Protocols to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999. The Hague Convention of 1954 mentions about safeguarding of the cultural property from any harm as a result of armed conflicts and about respect for the cultural objects. Each nation is responsible to avoid, prevent, and forbid any harfmul acts against cultural property. However, no stipulation is mentioned on how the victims whose cultural objects are destroyed could sue for any destructions. Therefore it is recommended that a special International Body be formed to supervise any harmful activities toward the cultural objects. Such a body might be more than just an International Court of Justice whose function is to settle any objections, sues, or claims from parties whose cultural objecs have been destroyed during armed conflicts.
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Tetley, Carmen. "The Hague Convention: Who is Protecting the Child?" Children Australia 37, no. 4 (November 6, 2012): 135–41. http://dx.doi.org/10.1017/cha.2012.34.
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The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is a multilateral treaty that seeks to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about their prompt return. The ‘Child Abduction Section’ provides information about the operation of the Convention and the work of the Hague Conference in monitoring its implementation and promoting international co-operation in the area of child abduction. There are currently 58 member countries and 22 non-member countries. Australia signed the Convention five years after its introduction. The Family Law (Child Abduction) Regulations 1986 enshrined in Australian law the principles espoused in the Convention which came into force in 1987. The Regulations are to: (a)secure the prompt return of children wrongfully removed to or retained in any contracting state, and(b)ensure that rights of custody and access under the law of one contracting state are effectively respected in the other contracting states. This paper shows that the failure of Family Courts to take account of the effects of their actions on the development and best interests of children whose return is secured can add to the psychological abuse of those who were removed from their home countries to avoid sexual abuse and violence. It suggests that the exceptions in the regulations that allow a child to remain in the new country with the primary caregiver are being ignored.
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Ashagre, Aschalew. "Access to Justice for PWDs in Civil Proceedings before the Federal Courts of Ethiopia: The Law and Practice." Mizan Law Review 14, no. 1 (September 30, 2020): 1–30. http://dx.doi.org/10.4314/mlr.v14i1.1.
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Persons with disabilities (PWDs) are among the most vulnerable groups to social, economic and political problems. Various UN General Assembly declarations on the rights of PWDS serve as soft laws for the protection of the rights of PWDs; and the international Bill of Rights can be applicable to their protection. In particular, the UN Convention on the Rights of Persons with Disabilities (CRPD) contains provisions that recognize and protect various aspects of the rights of PWDS. The Convention clearly declares the rights of PWDs to access to justice both in civil and criminal proceedings. Ethiopia is a party to this Convention, and in effect, it has an international duty to implement, among other things, the right of access to justice for PWDs in judicial proceedings. This article examines access for PWDs in the Federal Courts in civil proceedings. It focuses on the legal and practical problems in the implementation of the right to access to justice in spite of attempts made by the government in this regard. Additional legislative and institutional improvements are thus necessary –to the extent possible– in order to realize the rights of access to justice for PWDs since substantive rights will remain meaningless in the absence of access to justice.
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Bekker, Peter H. F. "The 1996 Judicial Activity of the International Court of Justice." American Journal of International Law 91, no. 3 (July 1997): 554–55. http://dx.doi.org/10.2307/2954192.
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This Note summarizes the judicial work of the International Court of Justice during 1996, using the updated General List, pleadings filed, Orders and Judgments given and hearings held at the Peace Palace in The Hague to describe the Court’s current record.During the calendar year 1996, the Court was seized of one new contentious case: Kasikili/Sedudu Island (Botswana/Namibia). In 1996 a total of eleven cases appeared on the General List. Besides the new case referred to, the contentious proceedings before the full Court were Aerial Incident of 3 July 1988 (Iran v. United States), Maritime Delimitation and Territorial Questions between Qatar and Bahrain, Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya v. United Kingdom) and (Libya v. United States), Oil Platforms (Iran v. United States), Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia), Gabčíkovo-Nagymaros Project (Hungary/Slovakia), Fisheries Jurisdiction (Spain v. Canada), and Land and Maritime Boundary (Cameroon v. Nigeria). Advisory proceedings were concluded in Legality of the Use by a State of Nuclear Weapons in Armed Conflict (request for an advisory opinion by the World Health Organization) and Legality of the Threat or Use of Nuclear Weapons (request for an advisory opinion by the General Assembly of the United Nations).
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Lee, Edward G., and Edward McWhinney. "The 1987 Elections to the International Court of Justice." Canadian Yearbook of international Law/Annuaire canadien de droit international 25 (1988): 379–88. http://dx.doi.org/10.1017/s006900580000326x.
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The Statute of the International Court of Justice specifies that the nominations of candidates for election to the Court shall be made by “national groups” constituted either by the national groups in the Permanent Court of Arbitration (PGA), or by national groups appointed for this purpose “under the same conditions” as those prescribed for members of the PCA under the Hague Convention of 1907. As of May 1987, about half the member states of the United Nations — seventy-six out of one hundred and fifty-eight — were members of the PCA, but among these only sixty-two had functioning national groups. Official United Nations documents show that a great many national groups from other states, perhaps created on an ad hoc basis for the regular elections to the Court, submit nominations as provided under Article 4(2) of the Statute. Once a candidate has been nominated by one or more national groups, the state of which he is a national is free to decide whether formally to sponsor his candidacy and to seek the support of other states in the elections to be held in the General Assembly and the Security Council.
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Schroeder, Doris, and Thomas Pogge. "Justice and the Convention on Biological Diversity." Ethics & International Affairs 23, no. 3 (2009): 267–80. http://dx.doi.org/10.1111/j.1747-7093.2009.00217.x.
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Justice and the Convention on Biological DiversityDoris Schroeder and Thomas PoggeBenefit sharing as envisaged by the 1992 Convention on Biological Diversity (CBD) is a relatively new idea in international law. Within the context of non-human biological resources, it aims to guarantee the conservation of biodiversity and its sustainable use by ensuring that its custodians are adequately rewarded for its preservation.Prior to the adoption of the CBD, access to biological resources was frequently regarded as a free-for-all. Bioprospectors were able to take resources out of their natural habitat and develop commercial products without sharing benefits with states or local communities. This paper asks how CBD-style benefit-sharing fits into debates of justice. It is argued that the CBD is an example of a set of social rules designed to increase social utility. It is also argued that a common heritage of humankind principle with inbuilt benefit-sharing mechanisms would be preferable to assigning bureaucratic property rights to non-human biological resources. However, as long as the international economic order is characterized by serious distributive injustices, as reflected in the enormous poverty-related death toll in developing countries, any morally acceptable means toward redressing the balance in favor of the disadvantaged has to be welcomed. By legislating for a system of justice-in-exchange covering nonhuman biological resources in preference to a free-for-all situation, the CBD provides a small step forward in redressing the distributive justice balance. It therefore presents just legislation sensitive to the international relations context in the 21st century.
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Spijkers, Otto. "The Immunity of the United Nations in Relation to the Genocide in Srebrenica in the Eyes of a Dutch District Court." Journal of International Peacekeeping 13, no. 1-2 (2009): 197–219. http://dx.doi.org/10.1163/187541109x403043.
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AbstractThe Srebrenica genocide has come before three different courts in The Hague, the Netherlands. The International Court of Justice looked at the responsibility of the Republic of Serbia; the International Criminal Tribunal for the former Yugoslavia looked at the responsibility of certain individuals. No court has as yet dealt with the responsibility of the United Nations ('UN') itself. Ten relatives of victims of the genocide and a foundation called the Mothers of Srebrenica believed this to be a role for the judges of the District Court in The Hague. However, on 10 July 2008, the Dutch Court affirmed the UN's immunity and declared it had no jurisdiction to hear the action against it. This article discusses that judgment. It will look at the applicable immunity provisions, i.e. Article 105 of the UN Charter and the Convention on the Privileges and Immunities of the United Nations, their conceptual foundation (the doctrine of functional necessity), and the role of the Dutch Court in interpreting and applying these provisions. It will also look at a possible clash between respect for the absolute immunity of the UN and other legal obligations for the Netherlands, including those under the Genocide Convention, and the European Convention on Human Rights.
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Lee, Byung Hwa. "Trend in Hague Conference on Private International Law regarding Co-operation and Access to Justice for International Tourists." Korea Private International Law Journal 26, no. 1 (June 30, 2020): 469–534. http://dx.doi.org/10.38131/kpilj.2020.06.26.1.469.
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Toplak, Jurij, and Boštjan Brezovnik. "Information delayed is justice denied." Informatologia 52, no. 1-2 (June 30, 2019): 1–8. http://dx.doi.org/10.32914/i.52.1-2.1.
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European Court of Human Rights ruled in 2016 that the European Convention on Human Rights includes a right to access information held by public authorities. While according to international documents the procedures for accessing information should be ‘rapid’, the courts have yet to rule on what ‘rapid’ means and when the procedures are so long that they violate rights of those asking for information. This article analyses the length of proceedings in access to information cases in Slovenia and Croatia. It shows that these two countries do not have a system of effective protection of rights because the authorities can easily delay disclosure of information for several years. It argues that lengthy procedures violate the right to access the information and the freedom of expression. It then presents solutions for improving access to information procedures in order for them to become ‘rapid’
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Pathak, Bishnu. "Critiques on the Tribunals and The Hague Court." Advances in Social Sciences Research Journal 7, no. 7 (July 26, 2020): 445–91. http://dx.doi.org/10.14738/assrj.77.8636.
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This critique is a review of heinous crimes. It assesses to connect with perpetrators, victims, people and institutions and change professed through the works of the Tribunals and The Hague Court and share the feeling with the concerned ones. The objectives of the paper are three-fold: (1) to study the situations of the investigation, prosecution and punishment on accountability; (2) to analyze the preference for justice: victors’ justice or victims’ justice; and (3) to access the critiques on violations of human rights and humanitarian law beyond the borders. Experiences on Transitional Justice, Human Security, and Human Rights among others feel touched, inspired and motivated to the author for this pioneer paper. This state-of-the-art paper is examined based on archival research, exchanging and sharing way forward with over 100 international publications and lessons-learned centric theoretical approach comprising snow-ball techniques. The study theorizes: (1) Retributive Justice Theory: Punishment is justified as perpetrator deserves for penalty, equivalent vengeance; (2) Utilitarian Justice Theory: Punishment is justified to mid-and-junior level perpetrators scooting-free to the top-most policymakers including Emperor Hirohito. Allied powers believed that Hirohito can only fight against the communism; (3) Denunciation Justice Theory: Punishment is justified by pressure of society that sends a clear message: offence is a heinous crime and sentencing a perpetrator is logically just; (4) Restorative Justice Theory: Punishment is justified as crimes of perpetrators hurt everyone and justice repairs the damage satisfying through accountability, reparation, rehabilitation and reconciliation; and (5) Transnational Justice Theory: Punishment is justified to operate outside a nation territory that penalizes the perpetrators as a crime of international concern. The Nuremberg and Tokyo Tribunals had virtually been victor’s justice with self-righteous fraud and lynching bodies. The Tokyo Tribunal never talks about bombings at Chinese cities. The U.S. and its axis powers discourage future aggressions accepting victor’s justice. The UN failed to restore peace and security. Cronyism was/is widespread. All Tribunals seemed pseudo justice bodies. People criticize these for being one-sided, inefficient, ineffectiveness, politicized, lengthy, very costly and unfair bodies. The U.S. and its satellite nations control both Tribunals and The Hague Court providing funds, instruments and staff. The Hague Court is a highly debated body with many flaws, targeting mostly poor and opponent African countries. Most grave crimes committed go unpunished. Thus, justice delivery appears as a sword in a judge's toupee. If The Hague Court is continuously influenced by powerful non-signatories of Statute, the relevance of its functions are hopeless. Justice becomes elusive for the innocent, weak and poor ones.
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Morgera, Elisa. "JUSTICE, EQUITY AND BENEFIT-SHARING UNDER THE NAGOYA PROTOCOL TO THE CONVENTION ON BIOLOGICAL DIVERSITY." Italian Yearbook of International Law Online 24, no. 1 (October 22, 2015): 113–41. http://dx.doi.org/10.1163/22116133-90000076a.
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This article attempts to bridge the multi-disciplinary debate on environmental justice and the traditional international legal debate on equity with a view to analysing the legal concept of benefit-sharing in international law. To that end, the article uses the Nagoya Protocol to the Convention on Biological Diversity as a testing ground for: (i) unpacking different notions of justice that may be pursued through fair and equitable benefit-sharing from access to genetic resources and the use of associated traditional knowledge; and (ii) relating different notions of justice to the different functions that equity plays in international law. The aim is to test the potential wider application of linking a pluralist notion of environmental justice to different functions of equity in other areas of international law that refer to benefit-sharing. It is argued that this helps systematically unveil implicit legal design choices in relation to the pursuit of justice through international lawmaking, and interpret international legal instruments in ways that can contribute to negotiate concrete understandings of justice on a case-by-case basis.
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Fitzmaurice, Malgosia. "Public Participation in the North American Agreement on Environmental Cooperation." International and Comparative Law Quarterly 52, no. 2 (April 2003): 333–68. http://dx.doi.org/10.1093/iclq/52.2.333.
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The subject of this article is public participation in the NAAEC. It will be analysed against the background of certain other international conventions that make provision, in one way or another, for public participation in relation to environmental protection, in particular, the 1998 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the ‘Aarhus Convention’) and the 1974 Convention on the Protection of the Environment between Denmark, Finland and Sweden (the ‘Nordic Convention’). The 1950 European Convention of Human Rights will also be referred to in so far as it secures public participation and from the point of view of its effectiveness in assisting in the enforcement of national environmental law. Reference to these instruments will, however, be limited to that which is relevant to the present essay.
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Michalak, Magdalena, and Przemysław Kledzik. "The Aarhus Convention and Polish Regulations Concerning Parties to Proceedings for Issuing the eia Decisions." Journal for European Environmental & Planning Law 18, no. 1-2 (February 10, 2021): 56–76. http://dx.doi.org/10.1163/18760104-18010005.
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Abstract The United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters was adopted on 25 June 1998 in the Danish city of Aarhus. According to its provisions each state Part shall, within the framework of the national legal order, ensure that members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law. At the same time, it contains regulations specifying the criteria that constitute the basis for determining persons enjoying rights to access justice with respect to national legal orders. Poland, being one of the state Parties, introduced into national legal order special provisions enabling implementation of the Aarhus Convention, including regulations concerning parties to proceedings in environmental matters. The aim of the study is to analyse and assess these regulations in the light of the requirements adopted in the Aarhus Convention and to formulate general conclusions in the field of key issues of the international and European environmental law and policy.
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Garçon, Gérardine. "Limits of NGO Rights to Invoke Access to Justice under the Aarhus Convention." European Journal of Risk Regulation 6, no. 3 (September 2015): 458–69. http://dx.doi.org/10.1017/s1867299x00004967.
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Joined Cases C-404/12P and C-405/12PThe Aarhus Convention was concluded in order to strengthen the rights of the public on access to information, public participation in decision-making and access to justice in environmental matters. The Convention provides that members of the public shall have access to administrative or judicial procedures to challenge measures by private persons and public authorities that contravene provisions of national law relating to the environment. At EU level, a regulation made the Aarhus Convention applicable to EU institutions. Pursuant to that regulation, review of measures adopted by EU institutions is limited to administrative acts. Two NGOs challenged the legality of that limitation and filed legal action. The case was related to the establishment of EU maximum residue levels for active substances contained in crop protection products. The Commission refused to review this measure which it considered to be no administrative act. The Court of Justice of the European Union has recently given its judgment in that case. The impact of the judgment goes beyond the crop protection sector as it concerns the scope of the internal review concept in general. Further, but not less important, the Court has clarified to which extent international treaties concluded by the EU can be relied upon by individuals.
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Alexandre-Hughes, Sandrine. "International Parenting and Child Protection Matters Beyond the Specific Issue of Parental Child Abduction: The 1996 Hague Convention on the International Protection of Children." Children Australia 38, no. 4 (December 2013): 156–61. http://dx.doi.org/10.1017/cha.2013.27.
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The globalisation of the economy and the increasing ease of travel have led to the internationalisation of families. Bi-national couples and families relocating from one country to another are now commonplace. The international element of family life often leads to complex legal situations – such as international parental abduction – when these families are facing a crisis. However, the scope of legal issues arising from the internationalisation of families and affecting children is wider than the abduction problem and can relate to relocation, access rights, urgent protection measures or transborder placement, to name only a few. This paper aims to present the 1996 Hague Convention on the International Protection of Children which establishes a comprehensive framework ensuring the effectiveness of the rights of children involved in a crossborder situation.
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von Unger, Moritz. "Access to EU Documents: An End at Last to the Authorship Rule?" Journal for European Environmental & Planning Law 4, no. 6 (2007): 440–48. http://dx.doi.org/10.1163/187601007x00037.
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AbstractThe key legal text governing public access to EU documents is Regulation 1049/2001. In contrast to the previous legal regime, the Regulation dismisses the so called authorship rule, which aligns it with recent developments in the field of the law of transparency and, notably, of international environmental law (Aarhus Convention). The European institutions are hence tasked with making all documents accessible to the public, which include both those originating with them and those from third parties. Yet unlike the Aarhus Convention, the Regulation has a blind spot, which leads to the important question of whether a Member State can simply order the institutions to withhold any of its documents whenever it chooses to do so. For the first time, the European Court of Justice is being asked to hand down a judgment on this question. The author suggests that the Court may wish to consider an interpretation of Regulation 1049/2001 that adjusts it further to the international standard as set by the Aarhus Convention.
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Liefaard, Ton. "Access to Justice for Children: Towards a Specific Research and Implementation Agenda." International Journal of Children’s Rights 27, no. 2 (May 10, 2019): 195–227. http://dx.doi.org/10.1163/15718182-02702002.
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Although the UN Convention on the Rights of the Child recognises procedural rights of the child in addition to substantive rights, it is rather silent on the fundamental right to an effective remedy. The concept of access to justice for children has nevertheless emerged in the past decades and manifested itself firmly in the international human rights and sustainable development agendas. Access to justice is grounded in the right of the child to seek remedies in case of (alleged) rights violations. It implies legal empowerment of children and access to justice mechanisms and remedies that are child-sensitive. So far, access to justice, with a specific focus on children, lacks careful consideration, conceptualisation and contextualisation in academic research and writing. This contribution explores the meaning of access to justice for children, as a right and procedural concept, and paves the way for the development of a more specific research and implementation agenda.
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Marsden, Simon. "Direct Public Access to EU Courts: Upholding Public International Law via the Aarhus Convention Compliance Committee." Nordic Journal of International Law 81, no. 2 (2012): 175–204. http://dx.doi.org/10.1163/157181012x638070.
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This article examines the opportunities for individuals and non-governmental organisations (NGOs) to obtain access to justice in the European Union (EU) via international law. In the context of the first part of a concluded case before the Aarhus Convention Compliance Committee (ACCC), it reviews the EU rules that restrict standing and examines whether the preliminary reference procedure from Member State courts provides an effective alternative to direct access to EU courts. Based on the general findings and recommendations, and analysis of the relationship between international and EU law, it is argued that there remains a need for greater EU compliance with the Convention, with the implication that EU primary as well as secondary law may need to be reformed if public international law obligations are to be fully met.
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Sverba, Y. І. "Ensuring the exercise of the right to access to justice as a mandatory attribute of a constitutional state." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 311–16. http://dx.doi.org/10.33663/2524-017x-2021-12-52.
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The article analyzes both the positive and negative obligations of the state regarding the right to access to justice. Based on the principle of separation of powers into legislative, executive and judicial, emphasis on the need for real justice in constitutional state, as well as ensuring its accessibility, is made. Some aspects of the European Court of Human Rights case-law in the field of access to justice are considered. It is also hypothesized that the ECtHR case-law ensures the dynamic development of the European Convention on Human Rights provisions. In particular, the article analyses several ECtHR decisions which explicitly state that the Convention is intended to guarantee not theoretical and illusory, but practical and effective rights («Matthews v. The United Kingdom», «Bellet v. France and others»). The decision of the Constitutional Court of Ukraine is studied, which, inter alia, reveals the special role of constitutional and administrative proceedings in ensuring the rule of law. The obligation of the state to ensure equal access to justice is stated, since the purpose of justice is to protect violated, disputed rights, freedoms that belong directly to the person applying to the court for their protection. Therefore, the exercise of the right guaranteed by part two of Article 55 of the Constitution of Ukraine to appeal court decisions, actions or omissions of subjects of power must be ensured in accordance with the stated purpose of justice. At the same time, this right connects to the opportunity of every person to justify before the court conviction in the illegality of interference by the subjects of power in rights and freedoms concerned. The article analyses the decision of the Grand Chamber of the Supreme Court, which reveals the legal nature of ensuring access to justice in criminal, or administrative offenses. It is stated that the attributes of the rule of law are not limited to the justice and access to it, and their autonomous existence is impossible in a society where other democratic institutions do not work. Keywords: the rule of law, justice, access to justice, constitutional state, human rights, legal aid.
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Gromozdina, Maria V. "Access Rights as a Way to Communicate with a Child." Juridical Science and Practice 16, no. 1 (2020): 11–16. http://dx.doi.org/10.25205/2542-0410-2020-16-1-11-16.
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The article deals with issues related to the exercise of parental access rights as a way of communicating with the child. A parent who claims to exercise the right of access is a separately residing parent and, as a rule, a foreign citizen. The implementation of the right of access is related to the application of the Hague Convention on Civil Aspects of International Child Abduction, 1980. In this connection, the author investigates the problems of application of the right of access by the Russian courts in solving family disputes related to upbringing of children. The situation is analyzed as to the possibility of a broad interpretation of the concept of "access rights", taking into account established international practice. The problem of a misunderstanding of the essence of access rights and the related limited application of the Convention's provisions are identified. The author is of the view that the rights of access and the procedure for communication with the child (in case of separation of parents) are independent legal institutions and do not replace each other. Comparative legal analysis confirms the author's conclusions, which are justified by examples of court practice. The choice of the method of protection of parental rights is determined by the person applying for protection and cannot be changed by the court in violation of the plaintiff's rights. Thus, the conclusion is made that it is necessary to analyze the jurisprudence of the European Court of Human Rights in order to properly apply the Convention.
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Schatz, Valentin J. "The Snow Crab Dispute on the Continental Shelf of Svalbard: A Case-Study on Options for the Settlement of International Fisheries Access Disputes." International Community Law Review 22, no. 3-4 (August 20, 2020): 455–70. http://dx.doi.org/10.1163/18719732-12341442.
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Abstract Disputes concerning access to fisheries within national jurisdiction can be drivers of illegal, unreported, and unregulated (IUU) fishing. International courts and tribunals may play an important role in settling certain categories of fisheries access disputes and in clarifying the applicable legal framework. This article explores international dispute settlement options for the dispute between the European Union (EU) and Norway over access to the snow crab fishery in Svalbard’s waters as an example of a complex fisheries access dispute. In doing so, it considers the potential and limits of: 1) the compulsory dispute settlement mechanism under Section 2 of Part XV of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and 2) litigation before the International Court of Justice (ICJ).
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Marsden, Simon. "Enforcing Non-Discrimination in Transboundary Environmental Impact Assessment: Advantages for EU Citizens from the Transposition of the Espoo and Aarhus Conventions?" Journal for European Environmental & Planning Law 6, no. 4 (2009): 437–60. http://dx.doi.org/10.1163/161372709x12608898676832.
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AbstractThis article examines the relationship between international and European law with respect to transboundary environmental impact assessment (TEIA), which under the UNECE Convention on Environmental Impact Assessment in a Transboundary Context (Espoo) applies requirements for EIA to the relationship between states known as 'Parties of origin' and 'affected Parties'. Information is shared and participation in the Party of origin procedure by the public in affected as well as origin states is required (non-discrimination); these provisions are enhanced under the related Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus), which also contains provisions enabling enforcement. The purpose is to analyse whether EU citizens have greater opportunities to enforce these rights than citizens of state Parties to the two treaties that are not members of the EU. Procedure and practice under the transposing directives on EIA and public participation is examined, and conclusions are drawn that although to a large extent EU membership is advantageous to EU citizens involved with TEIA, certain constraints concerning public participation and access to justice remain.
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Bagan-Kurluta, Katarzyna. "Dobro dziecka w sprawach o uprowadzenie dziecka za granicę. Zmiany w prawie i ich spodziewane skutki." Problemy Prawa Prywatnego Międzynarodowego 25 (December 31, 2019): 5–25. http://dx.doi.org/10.31261/pppm.2019.25.01.
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The international child abduction is regulated in the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (Brussels II bis), and in the domestic law — in the Code of Civil Procedure. In the recent years the Regulation Brussels II bis was subject to review. As a result drawbacks were indicated and amendments have been proposed, in particular with a view of simplifying the procedures. The changes were triggered by the increasing number of cases in which one of the parents removes the child without a consent from the other. The Ministry of Justice does not provide any data on the amount of cases taking place in Poland. It is nevertheless certain that this amount has increased in comparison to previous years. Moreover, it is acknowledged that contrary to the Hague Convention and the EU Regulation, many children abducted by their parents are retained in Poland. The amendments to the Code of Civil Procedure seem to address this situation and streamline the process of the return of the children. The question remains: do the proposed amendments to the EU Regulation and those already enacted in the Code of Civil Procedure warrant to a sufficient degree that the welfare of a child — being one of the determinants of these regulations — is safeguarded?
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PEREIRA, Marcos Vinícius Torres, Diogo Alexandre de FREITAS, and Marília Sousa Cristo CHAGAS. "PERSPECTIVES OF INTERCOUNTRY ADOPTIONS IN BRAZIL." Revista Juridica 2, no. 55 (April 11, 2019): 133. http://dx.doi.org/10.21902/revistajur.2316-753x.v2i55.3388.
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ABSTRACTThis present scientific article talks about intercountry and domestic adoption in Brazil, with a focus on private international law. It also describes Brazilian domestic law on domestic and international adoption, as well as conventional law applied in Brazil on this theme. The introduction of this article examines the history of adoption in Brazil and the importance of the Constitution of the Federal Republic of Brazil (1988) for the adoption procedure. It also demonstrated numbers of the intercountry adoption realized by same-sex couples after the significant ruling from the Federal Supreme Court and the Superior Court of Justice. The second part of this study analyzes the nature of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption as an instrument of Human Rights protection and the successful international cooperation mechanism. In addition, this article demonstrated and discussed numbers collected during the activities of a research project on “international legal cooperation means applied to family issues in the field of private international law” at the Law School of the Federal University of Rio de Janeiro of intercountry adoption made through the Hague Convention (1993) in Brazil between the period of 1999 and 2017.KEYWORDS: Private International Law; Intercountry Adoption; Human Rights; The Hague Convention 1993. RESUMOO presente artigo científico discute sobre adoção internacional e nacional no Brasil com o foco em direito internacional privado. O mesmo também descreve a lei interna brasileira no tema de adoção nacional e adoção internacional, ao mesmo que aborda as convenções internacionais que são aplicadas no Brasil com o tema. A introdução do artigo examina o histórico da adoção no Brasil e a importância da Constituição Federal de 1988 para o procedimento de adoção. Ele também demonstra os números de adoção internacional realizadas por casais do mesmo sexo posteriormente à mudança de entendimento do Supremo Tribunal Federal sobre a união estável homoafetiva e o posicionamento do Superior Tribunal de Justiça sobre adoção por casais do mesmo gênero. A segunda parte do artigo analisa a natureza da Convenção de Convenção Relativa à Proteção das Crianças e à Cooperação em Matéria de Adoção Internacional, concluída na Haia, em 29 de maio de 1993 como um instrumento de proteção de direitos humanos e o bem sucedido mecanismo de cooperação internacional. Além disso, o artigo mostra e discute os números coletados durante o projeto em “Mecanismos De Cooperação Jurídica Internacional e Proteção às Famílias de adoções” na Universidade Federal do Rio de Janeiro das adoções internacionais realizadas pela Convenção de Haia de 1933 no país entre 1999 e 2017.PALAVRAS-CHAVE: Direito Internacional Privado; Adoção Interpaíses; Direitos humanos; Convenção de Haia, 1993.
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Martins, Juliane Caravieri, and Igor Vinícius de Lima Afonso. "O direito de acesso à justiça efetiva e em tempo razoável e o pacto de San José da Costa Rica na proteção do direito à saúde." Scientia Iuris 24, no. 2 (July 31, 2020): 81–100. http://dx.doi.org/10.5433/2178-8189.2020v24n2p81.
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This research examines the right of access to justice – fair, effective and timely judicial protection – from the perspective of the American Convention on Human Rights, also known as the Pact of San José of Costa Rica, and Brazilian constitutional norms, verifying wether they protected the right to health in order to realize social justice. Furthermore, this study questiones whether this Pact contributed to the protection of the right to health for Brazilians. In other words, this paper investigates if this international treaty contributed to the promotion of the right to health in Brazil by allowing citizens, through the phenomenon of judicialization of public policies, access to fairer and more effective judicial protection.
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Grigorieva, Olga. "Implementation of international environmental standards in Russia (in terms of the provisions of the 1998 Aarhus Convention)." E3S Web of Conferences 244 (2021): 12010. http://dx.doi.org/10.1051/e3sconf/202124412010.
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The study analyzes the prospects for Russia’s ratification of the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (1998). The analysis of federal legislation in the field of ecology is carried out.The emphasis is on the provisions that regulate the rights of citizens to access official information on the state of the environment, to participate in the discussion of environmental programs and projects; the right to judicial review of actions of authorities that violate such rights. On the example of the city of Moscow - a subject of the Russian Federation, the official electronic services and resources are shown that allow you to receive information about the state of the environment in real time. Such electronic resources have been created by the Moscow City Government and are available on all social networks. Based on the results of the study, the conclusion is substantiated that the existing legislation in Russia and the practice of its application generally comply with the standards of the Aarhus Convention. Its ratification will allow Russia to reach a qualitatively new level of international environmental standards.
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Mitee, Leesi Ebenezer. "The Right of Public Access to Legal Information: A Proposal for its Universal Recognition as a Human Right." German Law Journal 18, no. 6 (November 1, 2017): 1429–96. http://dx.doi.org/10.1017/s2071832200022392.
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This Article examines the desirability of the universal recognition of the right of public access to legal information as a human right and therefore as part of a legal framework for improving national and global access to legal information. It discusses the right of public access to legal information as a legal right and the importance of its international human rights framework. The Article argues that every person has the right of public access to legal information, which casts a legal and moral duty on every government and every intergovernmental organization (IGO) with judicial and legislative functions to provide adequate and free access to its laws and law-related publications. It argues further that every government can afford the provision of adequate public access to its legal information and that the lack of political will to do so is the preeminent factor responsible for inadequate—and in some cases extremely poor—public access. Additionally, this Article advocates the universal recognition of the right of public access to legal information as a human right and makes a proposal for a UN Convention on the Right of Public Access to Legal Information. It provides the essential contents of the proposed UN Convention which incorporate The Hague Conference Guiding Principles to be Considered in Developing a Future Instrument. These contents provide valuable input for urgent interim national and regional laws and policies on public access to legal information, pending the Convention's entry into force. The proposed UN Convention will significantly enhance global access to official legal information that will promote widespread knowledge of the law. It will also facilitate national and transnational legal research and remedy the chronic injustice from liability under inaccessible laws under the doctrine of “ignorance of the law is no excuse”—which is similar to liability underex post factoand nonexistent laws—and promote the proposed doctrine of “ignorance of inaccessible law is an excuse.”
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Zasemkova, O. F. "“Judicial Convention” as a New Stage in the Recognition and Enforcement of Foreign Judgments." Lex Russica, no. 10 (October 24, 2019): 84–103. http://dx.doi.org/10.17803/1729-5920.2019.155.10.084-103.
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In May 2018, at the 4th and final meeting of the Special Commission of the Hague Conference on Private International Law, the draft Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters that had been developed since 1992 was represented. It is expected that after the Diplomatic Session that will be held in the mid-2019 the draft will be finalized and the Convention will be adopted and opened for signature.In this regard, the article attempts to analyze the main provisions of the draft Convention and assess the appropriateness for the Russian Federation to access it, taking into account the fact that Russia has a limited number of international treaties permitting recognition and enforcement of foreign judgments in Russia and decisions of Russian courts abroad. Based on the results of the analysis, the author concludes that the adoption of this Convention will provide for a simple and effective basis for the recognition and enforcement of foreign judgments eligible for States with different legal, social and economic circumstances. This, in turn, will increase the practical value of court decisions ensuring the most comprehensive protection of the rights and interests of the party in whose favour the decision has been made and, as a consequence, will contribute to the attractiveness of this method of dispute resolution for parties involved in cross-border private law relations.However, the mixed attitudes of the EU and the USA to the Draft Convention raises the question of their accession to the future Convention and may significantly reduce the impact of the adoption of the document under consideration.
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Ciarli, Stefano, and Keith McLachlan. "A Bibliographic Review: Studies of Libya's International Borders." Libyan Studies 27 (1996): 89–98. http://dx.doi.org/10.1017/s0263718900002429.
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AbstractThe Socialist People's Libyan Arab Jamahiriya has, since 1980, been involved in no fewer than three important judgments at the International Court of Justice at The Hague, dealing with Libya-Tunisia, the Libya-Malta and the Libya-Chad boundaries. The Government of Libya accepted all the judgments made at the ICJ without equivocation.The settlement of the Mediterranean continental shelf issues with Tunisia (1982) and with Malta (1985) may be seen as technical adjustments leading to a fixing of boundaries in undemarcated areas. Both judgments were comparatively favourable to Libya and extended Libya's area of hydrocarbon activities off-shore.In the matter of Libyan land claims to the Aouzou strip on the Chad borderlands, the situation was rather different. The international boundary between Libya and Chad was laid down under a 1955 convention. In 1972 the Libyan Government annexed the Aouzou strip. The ICJ gave its judgment on 3rd February 1994, by 16 votes to 1 finding that the boundary between the Socialist People's Libyan Arab Jamahiriya and the Republic of Chad is defined by the Treaty of Friendship and Good Neighbourliness concluded on 10th August 1955 between the French Republic and the United Kingdom of Libya, thus restoring the Aouzou strip to Chad.A select bibliography of sources dealing with Libya's international boundaries is attached, itemising key texts in Western languages.
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Anna, Hurova, Lustosa Maryna, and Mongrolle Zhulien. "A new approach to access to environmental information and protection of environmental rights." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 261–71. http://dx.doi.org/10.33663/0869-2491-2020-31-261-271.
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The Aarhus Convention concerning the right of information, participation and access to the justice in the environmental field was adopted in 25 June 1998, and came into effect in 30 October 2001 as part of the United Nations Economic Commission for Europe (ECE-UN) is open for the adherence for every State even if not located in the European continent. However, in Mars 4, 2018, the Escazú Convention was adopted as a part of the Economic Commission for Latin America and the Caribbean (ECLAC), enshrining the same procedurals rights that Aarhus. The objective of this article is to understand why Latin-American states have chosen to create their own regional convention, even if they could have joined the Aarhus Convention concerning the same rights? The approach used to the making of this article was the bibliographic research et the interpretation of legislation and the conventions. In conclusion there’s two hypotheses justify the adoption of a certain convention, the Escazú Convention could be the answer of the Latin American towards the effectiveness of the Aarhus Convention, for instance minimization of effective realization of judicial protection of environmental rights and also, the Escazú Convention is the translation of the specific conception of environmental protection in Latin America. Also, the study found that States of Latin American and the Caribbean, through preservation of indigenous peoples, are able to transform the concept of sustainable development into so-called "continued development" and "good life" concepts. These concepts are not based on the balance of environmental and economic interests, but on the predominance of the first one. The practical implementation of these ideological foundations must go a long way to being effective, but clear wording of individual legal personality of people in fragile environmental situations, which is expressed in particular at the international level, in our opinion, already, forms the basis for further changes towards saving the planet for future generations.
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Bhabha, Faisal. "International Human Rights in Canada: At the Juncture of Law and Politics." International Journal of Legal Information 41, no. 1 (2013): 1–15. http://dx.doi.org/10.1017/s0731126500011525.
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Thank you for the opportunity to address the very timely topic of international human rights law from the Canadian perspective. As my title suggests, my analysis of this topic sits at the intersection of law and politics, as so much of international law necessarily does. I will proceed in three parts. First, I will provide a sketch of the political context, drawing from recent events and trends, to describe a conflicted official government approach to international human rights. Next, I will examine the formal legal status of international human rights law in Canada, drawing selectively from key Supreme Court of Canada decisions. This will be far from a comprehensive account. Finally, I will discuss the recent adoption of the newest international human rights treaty, the disability convention, and discuss calls to promote access to justice at the international level for breaches of Convention norms domestically. Notwithstanding important efforts to advance the status of international human rights law in Canada, my overall observation is that, in both law and politics, the Canadian approach to international human rights is predominantly inward looking.
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Simonelli, Andrea C. "Climate Displacement and the Legal Gymnastics of Justice: Is It All Political?" Ethics & International Affairs 35, no. 2 (2021): 303–12. http://dx.doi.org/10.1017/s0892679421000344.
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AbstractThe future for people becoming displaced due to climate processes is still unknown. The effects of climate change are more apparent every day, and those most acutely impacted are still unable to access an appropriate legal remedy for their woes. Two new books evaluate the limits to international legal protections and the application of justice. Climate Change, Disasters, and the Refugee Convention, by Matthew Scott, investigates the assumptions underpinning the dichotomy between refugees and those facing adversity due to climate-induced disasters. Climate Change and People on the Move: International Law and Justice, by Fanny Thornton, goes further by examining how justice is used—and curtailed—by international instruments of protection. Thornton's legal analysis is thorough and thoughtful, but also demonstrative of the limitations of justice when confined by historical precedent and political indifference. With so little still being done to hold industries to account, is it any surprise that the legal system is not yet ready to protect those harmed by carbon pollution? Demanding justice for climate displacees is an indictment of modern Western economics and development; it implicates entire national lifestyles and the institutions and people that support them.
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Pranevičienė, Kristina. "Unification of Judicial Practice Concerning Parental Responsibility in the European Union – Challenges Applying Regulation Brussels II Bis." Baltic Journal of Law & Politics 7, no. 1 (June 1, 2014): 113–27. http://dx.doi.org/10.2478/bjlp-2014-0007.
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Abstract The article briefly describes international legislation in parental responsibility matters and focuses on the Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (in practice called Brussels II a or Brussels II bis). The essay reveals and analyses the difficulties which occur while hearing parental responsibility cases within the European Union. Particular attention is given to special cases which were difficult to resolve for the national courts of the Republic of Lithuania. Also, the practice of the Court of Justice of the European Union is examined. The guidelines on how to avoid the problems of establishing jurisdiction are given. The relations of 1980 Hague Convention on international child abduction and Regulations Brussels II bis are revealed and the reasons for adoption of the Regulation are highlighted. The article also proposes improvements for Article 15 of the Regulation and the effective application of a modified forum non conveniens doctrine in parental responsibility cases.
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Lavranos, Nikolaos. "Judicial Review of UN Sanctions by the European Court of Justice." Nordic Journal of International Law 78, no. 3 (2009): 343–59. http://dx.doi.org/10.1163/090273509x12448190941165.
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AbstractWith its Kadi-judgment, the European Court of Justice firmly rejected the Kadi/Yusuf-judgments of the Court of First Instance. The Court of Justice made unambiguously clear that Community law, in particular its basic, core fundamental rights values prevail over any international law obligations of the EC and its Member States, including UN Security Council Resolutions and the UN Charter. As a consequence thereof, individuals targeted by UN sanctions must have access to full judicial review in order to be able to ensure the effective protection of their fundamental rights, including procedural rights as guaranteed by the European Convention of Human Rights (ECHR). As a result, the Court of Justice proved that the Community is indeed based on the rule of law and that the fight against terrorism – how important it may be – cannot be used as a justification for completely abrogating European constitutional law values as guaranteed within the Community and its Member States.
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Stewart, David P. "The U.S. Supreme Court: Garcia V. Texas." International Legal Materials 51, no. 1 (February 2012): 44–53. http://dx.doi.org/10.5305/intelegamate.51.1.0044.
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On July 7, 2011, the United States Supreme Court declined to stay the execution of Humberto Leal García, a Mexican national who had been convicted some sixteen years ago in Texas of murder.1 Relying on the decision of the International Court of Justice (‘‘ICJ’’) in the Avena case,2 García contended that the United States had violated his right to consular notification and access under the Vienna Convention on Consular Relations (‘‘Consular Convention’’).3 He sought the stay so that the U.S. Congress could consider enactment of proposed legislation to implement the ICJ decision.4 In a 5-4 decision, the Court rejected his argument, stating that ‘‘[t]he Due Process Clause does not prohibit a State from carrying out a lawful judgment in light of unenacted legislation that might someday authorize a collateral attack on that judgment.’’5 García was executed by lethal injection that evening.
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Mero, Theodor. "The Martens Clause, Principles of Humanity, and Dictates of Public Conscience." American Journal of International Law 94, no. 1 (January 2000): 78–89. http://dx.doi.org/10.2307/2555232.
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Together with the principle prohibiting weapons “of a nature to cause superfluous injury” or “calculated to cause unnecessary suffering,” the Martens clause, in the Preamble to the Hague Conventions on the Laws and Customs of War on Land, is an enduring legacy of those instruments. In the years since its formulation, the Martens clause has been relied upon in die Nurembergjurisprudence, addressed by the International Court of Justice and human rights bodies, and reiterated in many humanitarian law treaties that regulate the means and methods of warfare. It was restated in die 1949 Geneva Conventions for the Protection of Victims of War, the 1977 Additional Protocols to those Conventions, and the Preamble to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons, albeit in slightly different versions. The Martens clause was paraphrased in Resolution XXIII of the Tehran Conference on Human Rights of 1968, and is cited or otherwise referred to in several national military manuals, including those of the United States, die United Kingdom, and Germany. Moreover, attempts have recently been made, including by parties before die International Court of Jusdce, to invoke the clause, in the absence of specific norms of customary and conventional law, to oudaw the use of nuclear weapons.
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Stec, Stephen, and Jerzy Jendrośka. "The Escazú Agreement and the Regional Approach to Rio Principle 10: Process, Innovation, and Shortcomings." Journal of Environmental Law 31, no. 3 (October 9, 2019): 533–45. http://dx.doi.org/10.1093/jel/eqz027.
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Abstract The adoption in 2018 of the Escazú Agreement by the countries of the Latin American and Caribbean region marks the second regional legal instrument aimed at the implementation of Principle 10 of the 1992 Rio Declaration, joining the Aarhus Convention of the pan-European region. The international community has settled upon the regional level as the appropriate means for implementing standards related to access to information, public participation, and access to justice in environmental matters. The appropriateness of the regional level is demonstrated by the differences and innovations found in the Escazú Agreement, in its scope and definitions, background principles, burden of proof and protections of environmental defenders and vulnerable populations. Yet, the regional approach also entails risks, as demonstrated by the limitation of the scope of rights for nationals of the country where specific activities are planned or occurring.
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Vogiatzis, Nikos. "THE ADMISSIBILITY CRITERION UNDER ARTICLE 35(3)(b) ECHR: A ‘SIGNIFICANT DISADVANTAGE’ TO HUMAN RIGHTS PROTECTION?" International and Comparative Law Quarterly 65, no. 1 (January 2016): 185–211. http://dx.doi.org/10.1017/s0020589315000573.
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AbstractThe purpose of this contribution is to provide a critical overview of issues of principle related to the ‘significant disadvantage’ admissibility criterion under 35(3)(b) ECHR, in light of the ongoing debate on the Court's reform. It argues that the admissibility criterion: undermines direct access to justice at the international level; affects the right of individual petition to the Strasbourg Court; constitutes a misunderstanding of the subsidiarity principle within the Convention machinery; urges the Court to consider the merits during the admissibility stage in a sensitive area of adjudication such as human rights; and entails the risk of an indirect classification of rights on the basis of the financial damage suffered by the applicant. The article links these points with the discussion on the Court's reform and considers alternative proposals to reduce its workload. It concludes by underlining that the ‘significant disadvantage’ criterion could be a suitable opportunity to address questions related to the Court's legitimacy, including the ECtHR's precise role and function within the Convention.
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Aceves, William J. "Vienna Convention on Consular Relations—consular access to detained nationals—International Court of Justice—provisional measures—original jurisdiction of the U.S. Supreme Court." American Journal of International Law 93, no. 4 (October 1999): 924–28. http://dx.doi.org/10.2307/2555356.
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Sverba, Yurii. "The role of free legal aid in the mechanism of access to justice." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 83–86. http://dx.doi.org/10.36695/2219-5521.2.2020.14.
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The article is dedicated to the analysis of Ukraine’s international obligations in the sphere of access to justice and, in particular,to legal aid.The case law of the European Court of Human Rights in the civil and criminal aspects relating to the criteria for the effectivenessof legal aid is reviewed, as well as the cases where such assistance should be provided free of charge by the state. Article 6 § 1 doesnot imply that the State must provide free legal aid for every dispute relating to a «civil right». There is a clear distinction betweenArticle 6 § 3 (c) – which guarantees the right to free legal aid in criminal proceedings subject to certain conditions – and Article 6 § 1,which makes no reference to legal aid. However, the Convention is intended to safeguard rights which are practical and effective, inparticular the right of access to a court.The national legislation governing the procedure for providing free legal aid is analyzed. The categories of persons eligible tofree secondary legal aid and the categories of cases in which such aid is provided are considered. As of today, there are 17 categoriesof persons eligible to free secondary legal aid. The Law lacks a single criterion for determining a person’s social vulnerability andprovides for a wide range of life circumstances that create the prerequisites for a person to obtain free secondary legal aid under thefollowing criteria: property, age, social status and case category.The institutional and regulatory development of the national legal aid system is described. Key directions for the development ofthe national legal aid system are outlined: improving the quality of the provision of free secondary legal aid and protecting the systemfrom political influence.The role and place of non-governmental organizations providing free legal aid in creating real access to justice was alsoexamined. As an example, the The Ukrainian Helsinki Human Rights Union promotes the development of humane society based onrespect to human life, dignity and harmonious relations between a person, state and nature through creation of a platform forcooperation between the members of the Union and other members of the human rights movement.It is stated that the interaction of the state legal aid system and non-governmental human rights organizations creates real accessto justice, and specifically to the European Court of Human Rights.
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Vukasovic, Vid. "International legal regulation of the right to adequate environment." Medjunarodni problemi 55, no. 1 (2003): 89–103. http://dx.doi.org/10.2298/medjp0301089v.
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The article deals with some key issues concerning the evolution of the concept of the right to adequate environment. The evolution took several decades to reach the present state in which it is obvious that the right has been accepted as one of the so called third generation human rights by both doctrine and practice, in international environmental law as well as in national environmental legislation of a number of countries. In the first phase of development only some elements of the right existed within the ?classical? human rights (the right to life, the right to health etc.) of so called first and second generation. The turning point was the UN Stockholm 1972 Conference on the environment. The right was inserted in the first principle, of the Declaration accepted by the conference, and already had most of its main elements: the right to adequate living conditions in an environment with the quality that not only guarantees healthy life but a life in dignity and well-being. After the Stockholm Conference, the right was embraced by a part of the doctrine, and increasingly mentioned and discussed within the frame of the UNEP, the relevant UN specialized agencies, as well as by some other international organizations active in the field of environmental protection. The result of this acceptance was an increasing insertion of the right in international treaties as well as in various declaratory documents, on both universal and regional levels. The author devotes a part of his article to the development in Europe, and especially to the work of the Council of Europe, the UN Economic Commission for Europe (UNECE) and the EU. The author believes that most important development in Europe occurred within the ?Environment for Europe Process?, under the aegis of the UNECE. The result of it was signing of the Aarhus Convention (1998), one of most important international treaties signed until now. First of all, it regulates two important fields - protection of human rights and protection of environment. In it not only the right to adequate environment is explicitly mentioned in the Art. 1, but the main elements of the right are regulated in detail. The three ?pillars? of the Convention are devoted to the right to environmental information, the right of citizens to participate in environmental matters and the right to access to justice in matters concerning the environmental protection. It should be added that the Aarhus Convention has become a part of the EU legislation. Due to that, the whole process of implementation of the convention has become unavoidable for all candidate countries, as a proof of their intent to apply in practice environmental legislation and to democratise their societies.
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Glinski, Carola, and Peter Rott. "Private Enforcement of the Public Interest and the Europeanisation of Administrative Law – The Trianel Judgment of the ECJ." European Journal of Risk Regulation 2, no. 4 (December 2011): 607–15. http://dx.doi.org/10.1017/s1867299x00001690.
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The EU has taken influence on the administrative laws of the Member States by introducing elements of public information, participation of stakeholders and private enforcement, and environmental law was the frontrunner of this development. The same tendency can be observed at the international level, culminating in the adoption of the Århus Convention in 1998. This has created tensions with traditional administrative law systems that have strongly relied on public authorities to produce the correct outcome whilst severely restricting private participation and private access to justice. The Trianel case, dealing with the protection of habitats against a coal power plant, demonstrates the need for fundamental adjustment of German administrative law, and it may lead to subsequent changes of the modalities of administrative procedural law in order to really allow the private enforcement of the public interest (authors’ headnote).
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McDougall, Gay J. "Addressing State Responsibility for the Crime of Military Sexual Slavery during the Second World War: Further Attempts for Justice for the “Comfort Women”." Korean Journal of International and Comparative Law 1, no. 2 (2013): 137–65. http://dx.doi.org/10.1163/22134484-12340018.
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Abstract Between 1932 and the end of the Second World War, the Japanese Government and the Japanese Imperial Army forced over 200,000 women into sexual slavery in rape centres throughout Asia. The majority of the victims were from Korea, but many were also taken from China, Indonesia, the Philippines and other Asian countries under Japanese control. There has been no real redress for these injustices: no prosecutions of guilty perpetrators, no acceptance of full legal responsibility by the Government of Japan, and no compensation paid to the surviving victims. The present paper focuses primarily on the issue of state responsibility and the situation of the Korean survivors. The study concludes that Japan has a continuing legal liability for grave violations of human rights and humanitarian law, violations that amount in their totality to crimes against humanity. The study establishes, contrary to Japanese Government arguments, that (a) the crime of slavery accurately describes the system established by the rape centres and that the prohibition against slavery clearly existed as a customary norm under international law at the time of the Second World War; (b) that acts of rape in armed conflict were clearly prohibited by the Regulations annexed to the Hague Convention No. IV of 1907 and by customary norms of international law in force at the time of the Second World War; (c) that the laws of war applied to conduct committed by the Japanese military against nationals of an occupied state, Korea; and (d) that because these are crimes against humanity, no statute of limitations would limit current-day civil or criminal cases concerning the Second World War rape centres. The paper also refutes the argument that any individual claims that these women may have had for compensation were fully satisfied by peace treaties and international agreements between Japan and other Asian States following the end of the Second World War.
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Bakker, Christine. "DUAL ATTRIBUTION OF ACTS COMMITTED BY A UN PEACEKEEPING FORCE: AN EMERGING NORM OF CUSTOMARY INTERNATIONAL LAW? THE DUTCH SUPREME COURT’S JUDGMENTS IN NUHANOVIÇ AND MUSTAFIĆ." Italian Yearbook of International Law Online 23, no. 1 (November 17, 2014): 287–97. http://dx.doi.org/10.1163/22116133-90230048.
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In two cases lodged by victims (or their relatives) of the massacre in Srebrenica in 1995, the Supreme Court of the Netherlands has taken a progressive stance on the interpretation of international law on the responsibility of States and international organizations for wrongful acts. The Supreme Court upheld the earlier decisions of The Hague Court of Appeal, confirming that the Netherlands can be held responsible for the death and injuries of these victims, despite the fact that the Dutch troops employed to protect this enclave were part of a United Nations (UN) peacekeeping force. By accepting the possibility of dual attribution of an internationally wrongful act to both the UN and the troop-sending State, it has departed from the restrictive approach adopted in current judicial practice, in particular by the European Court of Human Rights. In this note, the Supreme Court’s judgments are discussed, focusing on (i) the question of dual attribution of an international wrongful act, and (ii) the extraterritorial application of human rights treaties. It concludes that, although the Supreme Court’s reliance on two sets of Draft Articles of the International Law Commission without referring to any State practice is surprising, these judgments should be welcomed as significant precedents, which may contribute to the development of a norm of customary international law. They also constitute an important step towards ensuring access to justice and reparation for the victims of gross human rights violations, such as those committed in Srebrenica.
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Iksanov, I. S. "The Role of the European Court of Justice in the Protection of Human Rights and Freedoms." Humanities and Social Sciences. Bulletin of the Financial University 9, no. 3 (December 4, 2019): 73–76. http://dx.doi.org/10.26794/2226-7867-2019-9-3-73-76.
Full textAbstract:
The article discusses the role of the European Court of Justice, the specifics of its activities, and its goals. The author also touches upon the historical aspect of the development of the European Court. According to the author, the European Court of Justice has had a beneficial effect on the development of the rights granted by Union citizenship. The actions of the European Court of Justice have created new ground for persons with Union citizenship, increasing access to social benefits beyond the rights of economic migrants, for all those who exercise their European rights. The European Court of Justice sought to allow students to travel for their education, looking for new ways to ensure their free movement and learning with funding in the event of unforeseen events. It is essential that the court focuses on three core values so that citizenship does not become a limitation: nondiscrimination, the right to freedom of movement and the right to family life. The European court of human rights is an international judicial body; its jurisdiction extends to all member States of the Union. The main thing for the European Court of Justice is to ensure compliance with and enforcement of the Convention by the States parties. Also, when considering cases, the Court can point to gaps in legislation and issues concerning law enforcement practice, positively influencing law enforcement policy and legal proceedings, and, as a result, contribute to the improvement of the law enforcement system. This article reflects the activities of the European Court of Justice aimed at identifying the problematic aspects of the legislation of the European Union.
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Richardson, Kayliegh, and Ana Speed. "Promoting Gender Justice within the Clinical Curriculum: Evaluating Student Participation in the 16 Days of Activism against Gender-Based Violence Campaign." International Journal of Clinical Legal Education 26, no. 1 (May 13, 2019): 87–131. http://dx.doi.org/10.19164/ijcle.v26i1.823.
Full textAbstract:
The 16 Days of Activism against Gender-Based Violence is an international campaign which runs annually from 25 November (The International Day for the Elimination of Violence against Women) to 10 December (Human Rights Day). The campaign aims to raise awareness of and stimulate action to end violence against women and girls globally. The issue of gender violence has gained worldwide prominence in the last few decades with the emergence of legislative frameworks including the Convention on the Elimination of all Forms of Discrimination against Women and the Istanbul Convention. More recently, there has been a policy focus on education as a tool for raising awareness of gender-based violence. The recent public unrest regarding sexual harassment, epitomised by the ‘#Me too’ and ‘Times Up’ movements, demonstrate that gender-based violence remains an everyday reality for many women and girls. In England and Wales, there has been an increase in applications to the Family Court for domestic abuse protection, however this has come at a time where cuts to the availability of legal aid have led to concerns about the ability of survivors to seek access to justice. During the 2017-2018 academic year the authors designed and delivered a range of teaching activities for clinical students as part of the 16 Days of Activism against Gender-Based Violence campaign. The aims were to increase student engagement with issues of gender justice and develop their understanding of the different forms of gender violence, the domestic and international frameworks for protecting victims and the roles that different organisations play in achieving this. It was hoped that this would better prepare students for the realities of family practice in England and Wales. Surveys and a semistructured interview were used to gain insights into the student experience of participating in the campaign. This article will address how their participation went some way to meeting the objectives set out above in that students demonstrated increased knowledge of civil and criminal law relating to gender-based violence, developed their critical lawyering skills and competency in working with vulnerable clients and contributed to wider efforts to advance gender justice. Further the article will draw on the ancillary advantages of participating in the campaign, including improved client outcomes and reputational benefit. The limitations of the 16 Days campaign will also be acknowledged along with ideas for developing the programme in the future.
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Frisso, Giovanna Maria. "The Duty to Investigate Violations of the Right to Life in Armed Conflicts in the Jurisprudence of the Inter-American Court of Human Rights." Israel Law Review 51, no. 2 (June 7, 2018): 169–91. http://dx.doi.org/10.1017/s0021223718000055.
Full textAbstract:
This article explores how the Inter-American Court of Human Rights (the Court) has dealt with allegations of violations of the right to life during an armed conflict and, in particular, how it has dealt with allegations of violation of the obligation to investigate such allegations. The article notes that international humanitarian law (IHL) was initially used by the Court to strengthen the general obligations of states to protect the rights guaranteed by the American Convention on Human Rights (ACHR). Later IHL began informing the interpretation of specific rights. This change has been more significant in relation to the interpretation of the right to life under the ACHR than in the examination of state compliance with the right of access to justice, which encompasses the duty to investigate allegations of violations of the right to life during an armed conflict. The analysis of the Court's jurisprudence demonstrates that the different ways in which the Court has addressed the relationship between IHL and international human rights law (IHRL) have been informed by its primary effort to ensure that the interpretation of the ACHR provides the widest protection possible to individual rights.