State Responsibility and the Individual - Reparation in Instances of Grave Violations of Human Rights (Hardcover)

This text reviews the modern tendency to recognize individuals aggrieved by a (grave) violation of their rights as holders of claims to reparation directly under international law. Indeed, the European as well as the American Convention on Human Rights empower the relevant Courts to grant appropriate compensation to any person whose complaint is successful. The book shows that under general international law, however, this tendency still lacks solid foundations, although a draft declaration currently pending before the UN Human Rights Commission ("van Boven Principles") would confirm the individual's entitlement to reparation as a matter of international law. The volume draws attention to some US Courts who have already tried to entertain suits against foreign States in instances of egregious human rights violations. At first glance, it argues, this seems to be a big step forward, strengthening significantly the regime of human rights.