Francioni - Access to Justice as a Human Right

The Collected Courses of the Academy of European Law

Series Editors: Professor Grinne de Brca,

Fordham Law School, New York;

Professor Marise Cremona

Professor Bruno de Witte, and

Professor Francesco Francioni,

European University Institute Florence

Assistant Editor: Anny Bremner, European University

Institute, Florence

VOLUME XVI/4

Access to Justice as a Human Right

The Collected Courses of the Academy of European Law

Edited by Professor Grinne de Brca, Professor Marise Cremona,
Professor Bruno de Witte, and Professor Franceso Francioni.

Assistant Editor: Anny Bremner

This series brings together the Collected Courses of the Academy of European Law in Florence. The Academys mission is to produce scholarly analyses which are at the cutting edge of the two fields in which it works: European Union law and human rights law. A general course is given each year in each field, by a distinguished scholar and/or practitioner, who either examines the field as a whole through a particular thematic, conceptual, or philosophical lens, or who looks at a particular theme in the context of the overall body of law in the field. The Academy also publishes each year a volume of collected essays with a specific theme in each of the two fields.

Access to Justice as a Human Right

Edited by

FRANCESCO FRANCIONI

Academy of European Law

European University Institute

Great Clarendon Street, Oxford OX2 6DP

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F. Francioni, 2007

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Database right Oxford University Press (maker)

First published 2007

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ISBN 9780199233083

ISBN 9780199233090 (pbk.)

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Acknowledgements

I am grateful to the many people who contributed ideas and support in bringing this volume to publication. My thanks go especially to the authorsRory Stephen Brown, Fionnuala N Aolin, Catherine Redgwell, Natalino Ronzitti, Martin Scheinin, Eva Storskrubb, and Jacques Zillerfor their presentations at the Academys summer course and their contributions to this book. Many thanks to Bruno De Witte, and Marise Cremona for their contribution of ideas and constant support in the organization of the Academy courses. For financial support, thanks go to the Commission of the European Community. I owe special thanks to Anny Bremner for her efficient and careful work as assistant editor of this series, and to Barbara Ciomei and Mario Mendez who have assisted at various stages of the editorial process. Finally, I would like to thank the OUP staff, especially John Louth, Hayley Buckley, and Alex Flach, for their patient and pro-active interaction with the authors.

Florence, July 2007.

INTERNATIONAL

International Court of Justice

Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda), 19 Dec 2005

Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v Belgium), Decision of 14 Feb 2002 (2002) 41 ILM 536

Avena case (Case Concerning Avena and Other Mexican Nationals) (Mexico v USA), Judgment of 31 March [2004] ICJ Rep 128

Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain) 19621970, ICJ Rep [1970]

Interpretation of the Montreal Convention [1992] ICJ Rep para 39

LaGrand case (Germany v USA), Judgment of 27 June 2001, General List No 104

On the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion of 9 July 2004, ICJ Rep [2004]

Nicaragua case [1986] ICJ Rep para 107

Tehran Hostages case (United States Diplomatic and Consular Staff in Tehran) [1980] 1980 ICJ 3

On the Threat or Use of Nuclear Weapons, Advisory Opinion (1996) ICJ Rep 226

Case Concerning United States Diplomatic and Consular Staff in Teheran (US v Iran), Judgment of 24 May 1980, ICJ Rep [1980] 3

Permanent Court of International Justice

Jurisdiction of the Courts of Danzig, PCIJ Advisory Opinion Series B No 15

Mavrommatis Palestine Concessions, PCIJ Rep Series A No 2 (30 Aug 1924) 12

United Nations Human Rights Committee

Apirana Mahuika and Ors v New Zealand, Communication No 547/1993, HRC Views of 27 Oct 2000

Basilio Laureano Atachahua, acting on behalf of his granddaughter Ana Rosario Celis Laureano, v Peru, Communication No 540/1993, HRC Views of 25 March 1996

Chief Bernard Ominayak and the Lubicon Lake Band v Canada, Communication No 167/1984, HRC Views of 26 March 1990

Dante Piandiong and Ors v the Philippines, Communication No 869/1999, HRC Views of 19 Oct 2000

Deborah Joy Laing v Australia, Communication No 901/1999, HRC inadmissibility decision of 9 July 2004

Earl Pratt and Ivan Morgan v Jamaica, views adopted on 6 April 1989, UN Doc. A/44/40, in relation to Communications No 210/1986 and 225/1987

KL v Peru, Communication No 1153/2003, HRC Views of 24 Oct 2005

Lantsova v the Russian Federation, Communication No 763/1997, HRC inadmissibility decision of 29 March 2005

Laptsevich v Belarus, Communication No 780/1997, HRC Views of 20 March 2000

Lilian Celiberti de Casariego v Uruguay, Communication No 13/56, UN Doc Suppl 40 (A/36/40) (1981)

Lopez Burgos v Uruguay, Communication No R.12/52, UN Doc Suppl 40 (A/36/40) (1981)

Rawle Kennedy v Trinidad and Tobago, Communication No 845/1999, HRC admissibility decision of 2 Nov 1999

Toonen v Australia, Communication No 488/1992, HRC Views of 31 March 1994

Vedeneyev case (Galina Vedeneyeva v the Russian Federation)