Overview

"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."

Full Product Details

Author:   Albrecht Randelzhofer ,  Christian Tomuschat
Publisher:   Kluwer Law International
Imprint:   Kluwer Law International
Dimensions:   Width: 15.50cm , Height: 2.40cm , Length: 23.50cm
Weight:   1.460kg
ISBN:  

9789041111470

ISBN 10:   9041111476
Pages:   320
Publication Date:   01 March 1999
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Out of stock  
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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. Pellonpää. 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. Wühler. 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.

Reviews

' In contrast to many such compilations, the papers and discussions included in this book bear testimony to unusually careful research and thoughtful expertise.' <br> Interights Bulletin, 13 (2000).<br>' This is an excellent volume. [...] This book is to be recommended to scholars and practitioners who are concerned with the rights of privat parties to claim reparation for breaches of international law and, more generally, state responsibility.' <br> International Journal on Minority and Group Rights, 7:4 (2000).<br>

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