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Access to Justice as a Human Right$
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Francesco Francioni

Print publication date: 2007

Print ISBN-13: 9780199233083

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199233083.001.0001

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The Rights of Access to Justice under Customary International Law

The Rights of Access to Justice under Customary International Law

Chapter:
(p.1) 1 The Rights of Access to Justice under Customary International Law
Source:
Access to Justice as a Human Right
Author(s):

FRANCESCO FRANCIONI

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199233083.003.0001

This chapter evaluates whether an individual right of access to justice has emerged under customary international law, and, if so, its scope and the limits to its exercise. It examines the access to justice as it first appeared in customary international law, i.e. as a subset of the law of state responsibility for injuries to aliens. 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.

Keywords:   access to justice, customary international law, human rights, international community

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