Prospects for jus standi or locus standi of individuals in human rights disputes before the International Court of Justice

This research focuses on the desirability and feasibility of allowing individuals to access the International Court of Justice when their rights under international human rights treaties have been violated. International law now recognizes individuals as its subjects and that from such recognition...

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Bibliographic Details
Main Author: Ribeiro, Dilton Rocha Ferraz
Other Authors: Heckman, Gerald (Law)
Language:en_US
Published: 2010
Subjects:
Online Access:http://hdl.handle.net/1993/4254
Description
Summary:This research focuses on the desirability and feasibility of allowing individuals to access the International Court of Justice when their rights under international human rights treaties have been violated. International law now recognizes individuals as its subjects and that from such recognition flows a right of access to international courts. Using the Inter-American and European Courts of Human Rights as models, it is examined whether the right of individual access supersedes the will of states, the arguments for and against a global human rights court and how the ICJ’s statute and rules could be changed to allow individuals a) to participate in the court’s proceedings and b) gain direct access to the court as parties. Individuals could have both locus standi before the ICJ if the Court modifies its procedural rules and jus standi, which requires not only procedural changes, but the modification of the U.N. Charter.