Abstract

http://ssrn.com/abstract=1632870
 


 



Procedural Justice and International Human Rights: Towards a Procedural Jurisprudence for Human Rights Tribunals


Raymond H. Brescia


Albany Law School

Gates Garrity-Rokous


affiliation not provided to SSRN

1993

Yale Journal of International Law, Vol. 18, p. 559, 1993

Abstract:     
The international community attempts to promote human rights through regional human rights systems based on aspirational notions. Their success is based on the member states’ consent to the jurisdiction of the system. The result is tension between maintaining political unity and protecting individual rights.

This article seeks to provide a framework for the development of a unified, principled theory of procedural jurisprudence for human rights tribunals by analyzing the informal procedural mechanisms employed in the European and Inter-American systems. The article reviews the history and contributions of each system and how they attempt to resolve the tension between unity and individual rights, including discussion of the admissibility and standing requirements of the European and American Conventions.

Number of Pages in PDF File: 47

Keywords: human rights, human rights systems, regional human rights

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Date posted: August 14, 2010  

Suggested Citation

Brescia, Raymond H. and Garrity-Rokous, Gates, Procedural Justice and International Human Rights: Towards a Procedural Jurisprudence for Human Rights Tribunals (1993). Yale Journal of International Law, Vol. 18, p. 559, 1993. Available at SSRN: http://ssrn.com/abstract=1632870

Contact Information

Raymond H. Brescia (Contact Author)
Albany Law School ( email )
80 New Scotland Avenue
Albany, NY 12208
United States

Gates Garrity-Rokous
affiliation not provided to SSRN ( email )
Feedback to SSRN


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