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The Procedural Status of the Individual before International and Supranational Tribunals

  • W. Paul Gormley

Table of contents

  1. Front Matter
    Pages I-XV
  2. W. Paul Gormley
    Pages 17-35
  3. W. Paul Gormley
    Pages 36-44
  4. W. Paul Gormley
    Pages 45-69
  5. W. Paul Gormley
    Pages 70-126
  6. W. Paul Gormley
    Pages 127-184
  7. W. Paul Gormley
    Pages 185-194
  8. Back Matter
    Pages 195-206

About this book

Introduction

The most important sipgle factor in guaranteeing the effective pro­ 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 internatio­ 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 As this book is being written, it is no longer valid to hold that only States are procedural subjects of international law.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.

Keywords

Europe International Labour Organization Roman law Second Protocol United Nations cooperation human rights international law jurisprudence justice minorities organization

Authors and affiliations

  • W. Paul Gormley
    • 1
  1. 1.The University of TulsaUSA

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-011-9530-0
  • Copyright Information Springer Science + Business Media B.V. 1966
  • Publisher Name Springer, Dordrecht
  • eBook Packages Springer Book Archive
  • Print ISBN 978-94-011-8703-9
  • Online ISBN 978-94-011-9530-0
  • Buy this book on publisher's site
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