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AuthorGormley, W. Paul. author
TitleThe Procedural Status of the Individual before International and Supranational Tribunals [electronic resource] / by W. Paul Gormley
ImprintDordrecht : Springer Netherlands, 1966
Connect tohttp://dx.doi.org/10.1007/978-94-011-9530-0
Descript 206 p. online resource

SUMMARY

The most important sipgle factor in guaranteeing the effective proยญ tection of human rights - including economic and property interest- is that private individuals and groups be capable of maintaining a judicial action against any sovereign State causing them injury. Thus, individuals must possess the necessary locus standi at both the regional and international levels. A private individual must be able to prosecute an action before an international tribunal - in his own name - against an offending Government, particularly his own. Unfortunately, this necessary right of action was not recognized under traditional internatioยญ nallaw. It is only very recently, since the adoption of the European Convention of Human Rights and the Establishing Treaty of the Common Market, that nongovernmental entities have achieved locus standi before international courts. As this book is being written, it is no longer valid to hold that only States are procedural subjects of international law. Nevertheless, it must - tragically - be conceded that individuals do not enjoy the same standing as Member States. This same generalization applies to the United Nations. Starting with the proposition that the individual is a subject of the Law, this book not only analyses examples supporting this viewpoint, but it concentrates on the more important shortcomings, primarily those existing within the Council of Europe, the European Economic Community, and the United Nations. Therefore, recommendations are offered as to the specific improvements that must be made


CONTENT

I. Implementing Manโ{128}{153}s Natural Rights: The Developing International Law -- Failure at the International Level -- The Regional Approach -- Purpose of the Study -- The Natural Rights of Man -- II. The Development of Procedural Remedies -- From Antiquity to the Modern State -- The Status of the Individual under Roman Law -- Present Theories of Individual Procedural Status -- Other Subjects of the Law -- Early International Courts -- III. The Inter-War Period -- The U.S.-Mexican Mixed Claims Commission -- Mixed Claims Commissions -- Arbitral Tribunals -- IV. The Efforts of the United Nations -- Failure at the International Level -- International Labour Organization -- International Court of Justice -- V. The Council of Europe: Political Unification -- The Realization of an Ideal -- The Council of Europe and Unification -- The Individual and the Commission Convention of Human Rights -- Protection of States -- Regional Tribunals and the Individual Commission of Human Rights -- The Court of Human Rights -- Committee of Ministers -- The Individual as a Beneficiary -- Conclusions: Political Organizations -- VI. European Economic Organizations -- The Common Market -- Economic Integration of Europe -- The European Communities and the Individual -- Combined Community Court -- The Individual and the EEC -- The Role of the Court in an Expanding Legal System -- Treaty Texts and the Individual -- Article 177 and the Individual -- Court Decisions and Individual Rights -- Advisory Jurisdiction -- The Individual as a Beneficiary -- Organization for Economic Cooperation and Development -- Conclusions: Economic Organizations -- VII. Conclusions -- Individual Right of Action -- Political and Economic Organizations Compared -- The Future Global Efforts -- International Court of Justice -- Private Undertakings -- Trend of World Law -- Table of Cases -- Subject Matter Index -- Index of Authorities


Law Private international law Conflict of laws International law Comparative law Law Private International Law International & Foreign Law Comparative Law



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