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Protocol no. 14 to the european convention for the protection of human rights and fundamental freedoms: Towards a more effective control mechanism?

Egli, Patricia
June 4, 2015

Source: (2007) Journal of Transnational Law & Policy. 17(1): 1-34.

At a time when nearly all of Europe’s countries have become party to the Convention, an urgent need has arisen to
adjust the control mechanism to ensure that the European Court of Human Rights can continue to fulfill its two basic
aims. … However, this article argues that the new admissibility criterion provided in Protocol No. 14 will have a negative
impact on the access of individuals to the Court, thereby compromising its function to deliver individual justice. …
Thomas Lubanga Dyilo Mary Will The International Criminal Court was established as a permanent tribunal dedicated
to hearing and resolving cases involving crimes against humanity. … Through a detailed analysis of the role of the victims
in the Confirmation of Charges Hearing, this Note will explore the extent to which victims are actually given a role
in the International Criminal Court and the means by which restorative justice theory actually can help make a victim
whole again. … While corporations operating within U.S. borders face criminal and civil sanctions, including punitive
damages, for environmentally destructive practices, U.S. corporations operating in developing countries essentially operate
in the absence of any mandatory environmental standards. … An increasing number of lawsuits have been filed
against MNCs under the Alien Tort Claims Act (ATCA), which allows foreign plaintiffs to bring suit in the United
States when the plaintiffs allege a violation of the Law of Nations. … While punitive damages may be assessed against
U.S. corporations for international human rights violations pursuant to the ATCA, current judicial interpretation of the
Act does not allow for a cause of action for environmental harm. … This paper suggests that, in order to provide redress
to victims and impose civil liability in the form of punitive damages against defendant corporations, Congress should
amend the ATCA to recognize a cause of action for severe environmental harm that has a direct, widespread effect on
human health and well- being, whether domestic or international. (Author’s abstract)


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