How does international law entitle individuals to challenge violations of international law before domestic courts? Developing the novel concept of access rights, Leander Beinlich takes a thorough look at the domestic adjudication of international law and external state action through the lens of individual rights.
How does international law entitle individuals to challenge violations of international law before domestic courts? Developing the novel concept of access rights, Leander Beinlich takes a thorough look at the domestic adjudication of international law through the lens of individual rights.
Beinlich provides an in-depth survey of the main access rights: the right to a remedy and the right of access to a court. In an unprecedented analysis, he applies his findings to cases of external state action such as military operations abroad, a domain traditionally characterized by accountability gaps. Access to Domestic Justice for Violations of International Law presents crucial insights into the value, risks and limitations of individual rights at the intersection of international law and foreign relations law. It demonstrates how access rights put to a test the doctrinal hurdles and normative concerns impeding access to justice in this area, paving the way for further research.
An essential read for students and academics in international law and human rights law as well as public law and foreign relations law, this books relevance for the growing case law will also greatly benefit practising lawyers, judges and NGOs.
Recenzijos
This is a valuable contribution to improving domestic international law litigation. It effectively challenges the often arbitrary distinction between domestic and extraterritorial cases, offering a compelling case for a broader recognition of access rights. The study can help enhance the role of courts in adjudicating international law claims when state action has adverse effects on individuals abroad. -- André Nollkaemper, University of Amsterdam, the Netherlands Courts may no longer fend off legal claims of individuals harmed in armed conflict but are obliged to explain themselves when they dismiss arguable claims. This study is brilliantly argued, highly creative, yet doctrinally sound, and grounded in positive law. Both of deep conceptual interest and practical added value. -- Anne Peters, Max Planck Institute for Comparative Public Law and Public International Law, Germany
Contents
1 Introduction
PART I ACCESS RIGHTS
2 The concept of access rights
3 Sources and contours
PART II ACCESS RIGHTS AND EXTERNAL ACTION
4 Barriers to individual access
5 The right to a remedy
6 The right of access to a court
7 Reviewing concerns over the adjudication of external action
PART III VALUE, RISKS, AND LIMITATIONS OF ACCESS RIGHTS
8 Value, risks, and limitations of access rights
9 Conclusion
Leander Beinlich, formerly Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany
