State responsibility and the individual : reparation in instances of grave violations of human rights

Bibliographic Information

State responsibility and the individual : reparation in instances of grave violations of human rights

edited by Albrecht Randelzhofer and Christian Tomuschat

M. Nijhoff Publishers , sold and distributed in North, Central and South America by Kluwer Law International, c1999

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Includes index

Description and Table of Contents

Description

This text reviews the modern tendency to recognize individuals aggrieved by a (grave) violation of their rights as holders of claims to reparation directly under international law. Indeed, the European as well as the American Convention on Human Rights empower the relevant Courts to grant appropriate compensation to any person whose complaint is successful. The book shows that under general international law, however, this tendency still lacks solid foundations, although a draft declaration currently pending before the UN Human Rights Commission ("van Boven Principles") would confirm the individual's entitlement to reparation as a matter of international law. The volume draws attention to some US Courts who have already tried to entertain suits against foreign States in instances of egregious human rights violations. At first glance, it argues, this seems to be a big step forward, strengthening significantly the regime of human rights.

Table of Contents

  • Foreword. Individual Reparation Claims in Instances of Grave Human Rights Violations: The Position under General International Law
  • C. Tomuschat. Individual Reparation Claims under the International Covenant on Civil and Political Rights: The Practice of the Human Rights Committee
  • E. Klein. Compensation for Human Rights Violations: The Practice of the Past Decade in the Americas
  • W.M. Reisman. Individual Reparation Claims under the European Convention on Human Rights
  • M. Pellonpaa. International Obligations to Provide for Reparation Claims? R. Pisillo-Mazzeschi. Reparation for Human Rights Violations Committed by the Apartheid Regime in South Africa
  • L. Fernandez. The United Nations Compensation Commission
  • N. Wuhler. The Legal Position of the Individual under Present International Law
  • A. Randelzhofer. Rehabilitation and Compensation of Victims of Human Rights Violations Suffered in East Germany (1945-1990)
  • B. Fassbender. Documentary Annex. Table of Cases. Participants.

by "Nielsen BookData"

Details

  • NCID
    BA42359608
  • ISBN
    • 9041111476
  • LCCN
    98054614
  • Country Code
    ne
  • Title Language Code
    eng
  • Text Language Code
    eng
  • Place of Publication
    The Hague ; Boston,Cambridge, Mass.
  • Pages/Volumes
    xiii, 296 p.
  • Size
    25 cm
  • Classification
  • Subject Headings
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