Access to Justice and Forum Necessitatis in Transnational Human Rights Litigation
HURI-AGE, Consolider-Ingenio 2010
30 Pages Posted: 11 Jan 2016
Date Written: January 11, 2016
Access to justice is a fundamental right that has been recognized as a priority for countries and now is a new Millennium Sustainable Development Goal to ensure more peaceful and just societies. International law has developed standards on the removal of legal and procedural barriers in case of violation of such international norms protecting Human Rights which undermine the possibility of victims access to justice; it is only a first step that, along with the creation of different institutions and mechanisms, can guarantee people the right to have legal and effective repair remedies. In that way we could evaluate the proposal of establishing a forum necessitatis, an exceptional mechanism created to prevent the growing impunity that in particular multinational corporations seem to enjoy. Such forum would also allow States to intervene in an actio popularis manner fulfilling international obligations in defense of the fundamental interests of the International Community and to not evade the legitimate expectations of other subjects, their own citizens, which are generated by the ratified international treaties on Human Rights.
Keywords: Access to Justice, Right to remedy, Multinational corporations, Forum Necessitatis, Universal Jurisdiction, Alien Tort Claims Act
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