Publication details
Ubi ius ibi remedium, Zamyšlení nad dvěma neúspěšnými projekty světového soudu pro lidská práva
| Title in English | Ubi ius ibi remedium: A Reflection on two Unsuccessful Proposals for a World Court of Human Rights |
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| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Právník: teoretický časopis pro otázky státu a práva |
| MU Faculty or unit | |
| Citation | |
| web | Repozitář MU |
| Field | Law sciences |
| Keywords | World Court of Human Rights; general principle of law "ubi ius ibi remedium'; international law principle of non-intervention; individual right of petition; Covenants on human rights |
| Attached files | |
| Description | Sixty years separate theAustralian and the Swiss-sponsored proposal for the establishment of a world court of human rights. They shared, however, a common denominator: the general principle of law „ubi ius lbi remedium“. In the name of that principle, calls for a special remedy were made. That remedy would be at the disposal of individual victims of violations of human rights protected by multilateral intenational conventions. A universal judicial body would be called to adjudicate on such potential violations. The Australian proposal was considered utopian. Stili, it seems to have influenced the then ongoing negotiations thal eventually partially departed from the categorically interpreted principle of non-intervention in State's domestic affairs. It thus effectively contributed towards accepting the idea that individual cases of human rights violations should be scrutinized by a competent intemational body. The Swiss initiative has been conceived in a more realistic manner. At its core nonetheless lies the intention to elevate the European understanding of the concept of "remedium" as an expression of an individual's right to access to an international tribunal on human rights onto the global scale. That is problematic. There are in fact a number of more urgent alternatives which could assure the transformation of the right of individual petition to various treaty bodies, currently guaranteed by multilateral human rights conventions in a facultative way, into an obligatory remedy, which would permit the enjoyment of that right everywhere in the world. |