Bookphoria with Victoria – On Access to Justice Part 2

This quarter we are focusing on our thematic area ‘Access to Justice’, and for this weeks Bookphoria with Victoria, our RWI Librarian provides you with some hooktips on this topic!

To find more information on our thematic area ‘Access to Justice’, click here.

Selected reading available through the RWI Library:

Human Rights in Business Removal of Barriers to Access to Justice in the European Union/ Edited By Juan José Álvarez RubioKaterina Yiannibas. (2017)

ISBN: 9780367025168 – On the RWI shelf under 61:4 HUM

From the publisher:

The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required.

Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States.

Access to justice and international organisations coordinating jurisdiction between the national and institutional legal orders / Rishi Gulati (2022)

ISBN: 9781108944656 – Ebook Permalink (for LU users) 

From the publisher:

We live in a denial of justice age when it comes to the individual pursuit of justice against international organisations (IOs). Victims of institutional conduct are generally not provided reasonable means of dispute settlement at the international level. They also have been unable to seek justice at the national level due to IO immunities, which aim to secure institutional independence. Access to justice and IO independence are equally important values and realising them both has so far proven elusive. Private international law techniques can help allocate regulatory authority between the national and institutional orders in a nuanced manner by maintaining IO independence without sacrificing access to justice. As private international law rules can be adjusted nationally without the need for international action, the solution proposed can be readily implemented, thereby resolving a conundrum that public international law has not been able to address for decades.

Fundamental rights challenges in border controls and expulsion of irregular immigrants in the European Union : complaint mechanisms and access to justice / edited by Sergio Carrera and Marco Stefan.(2021)

ISBN: 9781032174877 – On the RWI shelf under 61:4 HUM  

From the publisher:

This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member States of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hand of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures – in particular, joint return flights. The volume will be of key interest to students, scholars and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics and more broadly international relations

Part 1 of Bookphoria with Victoria here: 

Bookphoria with Victoria – On Access to Justice

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