It examines the access to justice as it first appeared in customary international law, i.
It also explores the development of access to justice in the context of the international law of human rights. Then, it considers an examination of the norms and doctrines which may constitute an obstacle to the exercise of the individual right of access to justice. The individual's right of access to justice may suffer from restrictions and may need to be balanced against other rights and other legitimate interests of the international community.
In general, this chapter tries to develop legal arguments in favour of a restrictive interpretation of traditional limitations on this right.
Atrocity Prevention: The Role of International Law and Justice
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Rights of Access to Justice under Customary International Law - Oxford Scholarship
In the contemporary world, international law has demonstrated an ability to evolve rapidly. But it is still unclear whether its modernization process is also producing structural changes, which affect the subjects, the sources and even the very purpose of this law. Is it truly possible to speak of a paradigmatic and ideological change in the international legal system, one that also involves a transition from a state-centred international order to a human-centred one, and from inter-state justice to global justice? The book addresses three fundamental aspects of the modernization process of international law: the possible widening of the concept of international community and of the classic assumptions of statehood; the possible diversification of the sources of general international law; and the ability of international law to adapt to new challenges and to achieve the main goals for humanity set by the United Nations.
The overall objective of the book is to provide the tools for a deeper understanding of the transition phase of contemporary international law, by examining the major problems that characterize this phase. The book will also stimulate critical reflection on the future prospects of international law.
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He has published 4 authored books or monographs, co-edited 4 collective books and written about 90 articles and book chapters on Public International Law, Private International Law and European Union Law. He has published 2 authored books, co-edited 2 collective books and written about 60 articles and book chapters on Public International Law.
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Represents a scientific progress and improvement of the legal theory on the modernization of international law. Buy eBook. Buy Hardcover.