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

47 Pages Posted: 14 Aug 2010  

Raymond H. Brescia

Albany Law School

Gates Garrity-Rokous

affiliation not provided to SSRN

Date Written: 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.

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

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: https://ssrn.com/abstract=1632870

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 )

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