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The Exercise of the Right of Access to International Justice: The Right of International Individual Petition

Antônio Augusto Cançado Trindade

in The Access of Individuals to International Justice

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199580958
eISBN:
9780191728785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580958.003.0002
Subject:
Law, Human Rights and Immigration

The right of individual petition at international level has a long history, which has nowadays consolidated it as a legal right. It has had distinct formulations in several human rights treaties and ... More


A Convention on the Right Lines: The Rival Texts

A. W. BRAIN SIMPSON

in Human Rights and the End of Empire: Britain and the Genesis of the European Convention

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199267897
eISBN:
9780191714115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267897.003.0013
Subject:
Law, Human Rights and Immigration, EU Law

This chapter describes the proposals for the protection of human rights put forward by the European Movement, and the hostile reaction to them from the UK government. It describes the establishment ... More


The Convention of 1950 and Key Features of its Subsequent Evolution

Ed Bates

in The Evolution of the European Convention on Human Rights: From Its Inception to the Creation of a Permanent Court of Human Rights

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199207992
eISBN:
9780191728440
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207992.003.0005
Subject:
Law, Human Rights and Immigration, EU Law

The chapter begins by reflecting on the significance of the ECHR from the perspective of international law in 1950. It closely examines the substantive text of the ECHR as well as the original scheme ... More


The Conclusion of Negotiations and the Rearguard Action

A. W. BRAIN SIMPSON

in Human Rights and the End of Empire: Britain and the Genesis of the European Convention

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199267897
eISBN:
9780191714115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267897.003.0014
Subject:
Law, Human Rights and Immigration, EU Law

This chapter describes the conclusion of the negotiations which produced the text of the European Convention, signed on 4 November 1950 in Rome. The final text reflected a number of compromises, most ... More


The Access of Individuals to International Justice

Antônio Augusto Cançado Trindade

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199580958
eISBN:
9780191728785
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580958.001.0001
Subject:
Law, Human Rights and Immigration

The right of access to justice, at national and international levels, is a fundamental cornerstone of the protection of human rights. It conforms a true right to the Law. Such right, lato sensu, ... More


The Drafting of the Convention by the Governments of the Council of Europe (February–November 1950)

Ed Bates

in The Evolution of the European Convention on Human Rights: From Its Inception to the Creation of a Permanent Court of Human Rights

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199207992
eISBN:
9780191728440
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207992.003.0004
Subject:
Law, Human Rights and Immigration, EU Law

This chapter addresses the drafting of the ECHR by the governments of the Council of Europe. It starts with an examination of the approach to the ECHR taken by the Committee of Ministers in late ... More


The Convention’s ‘Coming of Age’ (The 1990s and Protocol 11)

Ed Bates

in The Evolution of the European Convention on Human Rights: From Its Inception to the Creation of a Permanent Court of Human Rights

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199207992
eISBN:
9780191728440
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207992.003.0011
Subject:
Law, Human Rights and Immigration, EU Law

The chapter examines the situation of the ECHR in the 1990s, up to 1998, when Protocol 11 entered into force. The first part addresses the higher profile of the ECHR system and its Court in the ... More


Beyond Individual Justice

Alec Stone Sweet and Clare Ryan

in A Cosmopolitan Legal Order: Kant, Constitutional Justice, and the European Convention on Human Rights

Published in print:
2018
Published Online:
June 2018
ISBN:
9780198825340
eISBN:
9780191864049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825340.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter examines the growing capacity of the European Court to fulfill its role as the omnilateral trustee for the cosmopolitan legal order, and the constitutional court of the regime. In ... More


The Legal Personality of Individuals in International Claims

Astrid Kjeldgaard-Pedersen

in The International Legal Personality of the Individual

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198820376
eISBN:
9780191860294
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198820376.003.0004
Subject:
Law, Public International Law

Chapter 4 discusses international claims, that is, claims arising out of injury inflicted upon an individual by a foreign State in violation of international law. Such claims may be enforced either ... More


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