SESSION 2023-24

SUBJECT

“Law and Justice in Globalizing World L.L.M 103”

PROJECT ON

“International Legal System for Global Justice”

SUBMITTED UNDER SUPERVISION; SUBMITTED BY;

Ms. Bhawana Janki Neeraj Mandaiya (503230017)

FACULTY OF LAW STUDENT OF SEMESTER

 JAGANNATH UNIVERSITY

DECLARATION

I declare that the project entitled “International Legal System for Global Justice” is the
outcome of my own work conducted under the supervision of Ms. Bhawana Janki at Jagannath
University, Jaipur.

I further declare that to the best of my Knowledge the project does not contain any part of any
work, which has been submitted for the award of any degree either in this University or in
another University / Deemed University without proper citation

(Neeraj Mandaiya)
Dated: - 08/01/2024

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CERTIFICATE OF THE SUPERVISOR

This is to certify that the research work entitled “International Legal System for Global
Justice” is the work done by (Neeraj Mandaiya) under my guidance and supervision for the
Partial fulfillment of the requirement of LL.M. degree at Jagannath University.

To the best of my Knowledge and belief the project:

1. embodies the work of the candidate himself;
2. has been duly completed; and
3. Is up to the standard both in respect of contents and language for being referred to the
examiner.

(Ms. Bhawana Janki )

Faculty of Law
Supervisor

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ACKNOWLEDGEMENT

I would like to express profound gratitude to (Ms. Bhawana Janki ), for his invaluable support,
encouragement, supervision and useful suggestions throughout this research work. His moral
support and continuous guidance enabled me to complete my work successfully. His intellectual
thrust and blessings motivated me to work rigorously on this study. In fact this study could not
have seen the light of the day if his contribution had not been available. It would be no
exaggeration to say that it is his unflinching faith and unquestioning support that has provided
the sustenance necessary to see it through to its present shape.

Among those who have sustained me over the years with their loyalty and friendship, I would
particularly mention my classmates have always taken a special interest in my work and
unconditional support at each turn of the life.

I express my deep sincere gratitude towards my parents for their blessing, patience, and moral
support for this project.

(Neeraj Mandaiya)

TABLE OF CONTENTS

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DECLARATION.........................................................................................................................................2
CERTIFICATE OF THE SUPERVISOR....................................................................................................3
ACKNOWLEDGEMENT...........................................................................................................................4
TABLE OF CONTENTS............................................................................................................................5
1. INTRODUCTION...................................................................................................................................6
2. JUSTICE IN GLOBAL CONTEXT..............................................................................................................6
3. REASONS FOR GLOBAL JUSTICE...........................................................................................................7
4. International Law and Global Justice.................................................................................................12
5. Access to Global Justice International level .....................................................................................13
6. Major Regional Human Rights Instruments.......................................................................................19
7. UN Mechanism that Promote Global Justice....................................................................................23
8. CONCLUSION.................................................................................................................................24
9. BIBLOGRAPHY................................................................................................................................24
WEBSITES REFERRED............................................................................................................................24
BOOKS REFERRED/ statutes/Articles/ research papers.........................................................................25

INTRODUCTION
The concept of justice in international law is relatively new one as ancient, medieval and early
modern thinkers focused on justice within the state. Delivering justice was mainly the duty of the
state and the international dimension of justice remained neglected. In the contemporary times,
however, there is growing interest in international aspects of justice due to the revival of interest

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in normative political philosophy since the 1960s, intensification of globalisation and a shift in
how global politics is understood away from state-centric approach. There is a realisation that in
an interconnected and globalised world, the problems and their solutions have to be global.

JUSTICE IN GLOBAL CONTEXT

In the western tradition, international justice can be found in the tradition of natural law which is
a system of rights or justice common to all human beings and derived from nature and not the
rules of society. According to W Friedmann, ‘the history of natural law is a tale of the search of
mankind for absolute justice and its failure’. The Indian tradition of Vasudhaiva Kutumbakam,
means the world is one family espouses the cause of global justice and cooperation. Indian
philosophers have also emphasised the value of spiritual dimension of justice where individuals
around the world should be valued. There have always been causes with global approach that
have crossed borders, for ex, the cause of transatlantic slave trade or the movement against
imperialist oppression. The conception of justice in global context has been idealistic while in
practical terms, realism has dominated global politics. . There is no dearth of examples in
international relations to show prevalence of injustice. Treaty of Versailles signed after the First
World War and the war crimes trial at Nuremberg and Tokyo after the Second World War are
examples of justice by victorious states. The exploitation and injustice done by the industrialized
countries on their colonies during the colonial era too can be cited here as an example.

International Justice and Global Justice

There is a distinction between international justice and global justice. In case of international
justice, the focus is on state as a unit and the idea of justice among states is discussed.
Supporters of international justice believe that inequalities between states should not become
wide and efforts are required to keep them at permissible levels. Global justice is a component
in normative international relations theory that focuses on the moral obligation of the world’s
rich to the world’s poor. Here, the key theme is redistribution of wealth to reduce poverty and
inequality. In global justice, the focus is not on the states, but human beings and it seeks to
discuss what justice means to the human beings around the world. Apart from states, global
justice also includes possible agents and organisations that have a duty towards global justice.
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The individual is at the centre of global justice theorists. Human beings will be the core around
which any conception of international social contract would revolve. Such conception is
required to meet basic liberal principles of justice. Hence, justice in international relations is
conceptualised moving away from the state centric (international) form of justice to individual
centric (global) form of justice.

Human Security and Global Justice

Threats to human beings should be addressed to ensure that individuals have better chances to
attain their development. In this regard, the concept of human security is important which gives
importance to human beings and their complex social and economic interactions. It seeks to
protect individuals from traditional (military) as well as non-traditional threats like poverty and
diseases. It seeks freedom from want and fear for human beings around the globe. Mahbub ul
Haq, an economist from Pakistan drew attention towards human security in 1994 in the United
Nations Development Program’s (UNDP) Human Development Report. This report highlighted
seven threats to human beings - community, economic, environmental, food, health, personal,
and political. At the global level, the agencies of United Nations work to ensure human security
along with the state governments. Human security aims to achieve global justice by ensuring
individual welfare

REASONS FOR GLOBAL JUSTICE

There are a number of reasons behind demands for global justice and some prominent reasons
are elaborated below.

Globalization and Economic Injustice

In the economic realm, globalization reflects the idea that no economy in the world is isolated
today and there is a inter-locking global economy which has absorbed various economies around
the world. The demise of Soviet Union acted as a catalyst for global economic integration as the

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last major block of countries were absorbed into the global capitalist system. Economic
globalization has reduced capacity of national governments to manage their economies and to
resist their restructuring along free market principles. Its features include globally integrated
economy, regulations of economies by supranational institutions like the World Trade
Organization (WTO), commitment to remove barriers to free trade and higher levels of economic
interdependence. There is no unanimous view on the impact of globalization, but it has its
benefits and costs. Globalization has resulted in economic leaps in countries like India and
China lifting millions out of poverty. However, it has also increased prices of medicines in poor
countries by agreements like Trade-Related Aspects of Intellectual Property Rights (TRIPS).
People in developing and less developed countries have lost access to life saving drugs as a
result. There are countries like Qatar and Liechtenstein whose per capita income is in excess of
$100,000 while there are countries like Central Africa Republic and Burundi where per capita
income is less than $1,000. Globalization leads to entrenched forms of inequality giving rise to
winners and losers. In 2014, Oxfam reported that the 85 wealthiest individuals in the world had a
combined wealth equal to that of the bottom 50 percent of the world’s population, or about 3.5
billion people. In the game of globalization, industrially advanced countries in Europe and the
US have been the winners while the losers are the developing and least developed countries
where wages are low, regulation is weak and production is oriented towards global rather than
domestic markets. This leads to north-south divide as the industrial development is concentrated
in the northern hemisphere (developed countries) while disadvantage and poverty are mainly
found in the southern hemisphere. Given this divide, there are demands that there should be
redistribution of wealth at the global level from the developed to less developed countries.
Global problems should have global solutions which demands global justice.

Rise of Human Rights

Social and economic rights are being used by advocates of global justice to seek radical
redistribution of power and resources, both within countries and among them. In this context,
human rights have become the aim to achieve global social justice. This means that human

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beings should be seen as central units in global politics. By virtue of being humans, all persons
have certain claims on society. They include mainly three areas - what governments can do to
you, cannot do to you and should do for you. Human rights are inalienable

- individuals cannot lose these rights, indivisible - individuals cannot be denied a right on the
grounds that it is less important and human rights are also interdependent – one right impacts the
other and vice-versa. Pogge says that the current international institutional order fails to provide
rights and freedoms like health and food to individuals set forth in the Universal Declaration of
Human Rights 1948.1 He has highlighted that the international order aggravates poverty through
protectionism and aggressive enforcement of intellectual property rights in seeds and medicines. 2
He also argues that the international order also fosters corrupt and oppressive governments in
poorer countries as it recognises the person or group holding effective power, regardless of how
they acquired or exercise it. Such governments not only misuse state resources to impose debt
service obligations on the ordinary citizens, but also bind present and future generations in an
unsustainable model of development. Over the years, feminists have shown a lot of interest in
human rights. They have tried to transform the concept and practice of human rights to take a
better account of women’s lives. They see human rights as an enabling framework that can place
women issues in the mainstream agenda of international politics.

To ensure justice, war has been used as a tool to promote and protect human rights in the past at
the global level. In what is often called humanitarian intervention, powerful states resort to this
tactic to alleviate extensive human suffering within borders of a state. In 1990s, there were such
interventions in countries like Somalia, Bosnia and Kosovo. A number of external interventions
have been justified on the grounds of democracy and human rights promotion. The failure of
democracy promotion in Iraq and Afghanistan has raised doubts whether such external
interventions is justified or not. External intervention may ensure procedural democracy, but
achieving substantive democracy remains difficult due to lack of real reform. That is why,
external interventions mainly lead to what has been called ‘imposed democracy’ as the internal
reform and modernization remains elusive in the target country. It also goes against the very

1
Pogge, T. (2008). World Poverty and Human Rights. Cambridge: Polity Press. P234
2
Id.

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spirit of democracy i.e. the right to self-determination, as it is not the citizens of the country but
outsiders who decide the type of government in the target country. The war itself leads to
violation of human rights which defeats the purpose and idea of human rights and global justice.

Issues of Immigration

Movement of people from one country to another is also part of the debate on global justice.
Conflicts around the world and disparities in living standards are two main issues that lead to
movement of people from one country to another. According to an estimate of the United
Nations, there were 258 million international migrants in the world in 2017. The largest numbers
of migrants stay in the US, Saudi Arabia, Germany, Russia and the United Kingdom. Due to
many conflicts around the world, a debate has reignited around the rights of refugees, for ex
Rohingyas from Myanmar. Some questions are being asked like, should the states have complete
control over their borders? Who will take care of the human rights of refugees? Should the
developed countries do more and allow refugees to stay in their society? What would be the
social, economic, security and cultural impact of such a movement of people on the host
countries etc? There is also a debate over multiculturalism in this context as the migrants are
seen as a minority in the host country. Equal rights of citizens are seen in contradiction with
group-rights and culture of minority groups. Will Kymlicka in his 1995 book, ‘Multicultural
Citizenship: A Liberal Theory of Minority Rights’ has argued that certain sorts of `collective
rights’ for minority cultures are consistent with liberal democratic principles, and that standard
liberal objections to recognizing such rights on grounds of individual freedom, social justice, and
national unity, can be answered. Some liberals worry that granting concessions to national or
ethnic groups hurts democracy: democracy, for them, requires a common citizenship based on
treating people identically as individuals. When a particular group seeks some accommodation,
this requires us to treat people differently based on their group affiliation, which strikes many as
illiberal. Kymlicka argues that the request for accommodation actually reflects minorities’
desires to integrate. For example, Orthodox Jews in the US seek an exemption from military
dress codes so they can wear their yarmulkas. They want the exemption not to be different, but
so they can join the army and be like everybody else.

Climate Change and Environmental Hazards

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Threats to a state can be categorised as traditional and non-traditional. Traditional threats are
posed by an enemy’s military which can endanger the sovereignty and territorial integrity of any
state. However, the agenda of security has been widened after end of the Cold War and non-
traditional threats have also been added. These are non-military threats which can endanger
human security in any country. The examples include climate change, terrorism, energy, food
and water security etc. These threats are transnational in character i.e. they have impact beyond
the borders of one state. In addition, they complement each other and can combine to pose a
bigger challenge. For ex, water insecurity also leads to food insecurity experienced by millions
all over the world. Hence, to tackle non-traditional security threats, the governments around the
world need to cooperate given the global nature of the problem. Climate change is one such
threat that poses a serious question to the survival of human beings. The rise in temperatures
around the world due to increase in greenhouse gas emissions will lead to a number of problems
and environmental hazards – flooding, rise in sea level, environmental degradation, food
insecurity, loss of livelihoods and mass migration leading to climate refugees. According to an
estimate by the World Health Organisation, climate change impacts will kill more than 250,000
people each year between 2030 and 2050. Apart from human costs involved, there are economic
costs as well. Scientists from the Stanford University have calculated that if nothing is done to
tackle climate change, the global gross domestic product will fall by 30 percent in 2100
compared to 2010 level. The government of India in a report in 2017 has said that climate change
costs India around $10 billion every year. Hence, there are attempts to cut down greenhouse gas
emissions and deal with the problem at the global level.

Issues of Health and Gender Inequality

There is widespread disparity in health sector at the global level. Life expectancy varies across
the globe and generally, the developing and least developed countries have lower life expectancy
compared to the developed countries. Countries like Sierra Leone, Angola and Central African
Republic have life expectancy close to 50 years while Japan, Switzerland and Singapore have
life expectancy of 83 years. Poverty and gender are two critical factors that decide impact on
health of an individual. In the developing world, around ten million people die of health
problems that can otherwise be managed and prevented including diarrhoea, tuberculosis and
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malaria. Children in the developing countries are ten times more likely to die before the age of
ten compared to their counterparts in the developed world. Child mortality rate is high in the
countries which also have high maternal mortality rate, mainly in the developing countries.
Women are more prone to anaemia than men and it affects not only their health, but also the
health of their children. Apart from these issues, there are also concerns over the intellectual
property rights regime under the World Trade Organisation as it raises the costs of medicines for
diseases like cancer and AIDS and puts them outside the reach of the global poor. Women are
generally treated as inferior to men across most of the cultures. Practices like honour killing,
infanticide and genital mutilation still persist which are against their human rights. The
international awareness is growing around the issues of health and gender and they are part of the
Sustainable Development Goals envisaged by the United Nations to be achieved by 2030. Global
justice seeks to bridge these disparities of gender and health at the global level to reflect the
interests of the poor and marginalised people.

International Law and Global Justice

International law represents a system of norms and processes for resolving competing claims—
moral, political, and otherwise—among international actors in a manner both authoritative to
them and effective among them. It comprises legal rules with a range of normative valences; and
international institutions, which can be seen as the conceptual building blocks of world order (for
example, statehood, global commons, or human rights) or as formal regional and global
organizations. Its breadth is enormous; among its rules and institutions are those regulating
participation in the interstate system (rules on states, peoples, and territory), interstate
cooperation (limits on extraterritorial jurisdiction, sovereign immunity, and technical subjects
such as global health and aviation), common spaces (the law of the sea and international
environmental law), economic welfare (trade, investment, finance, and intellectual property),
human rights, and the use of armed force (both the jus ad bellum and the jus in bello)

International law is critical to global justice in three senses. First, international law transforms
moral prescriptions into legally binding rules with implementation mechanisms and processes.
Law and legal institutions both constrain and expand opportunities for carrying out visions to
advance the cause of global justice. Without some sort of legal form, the ethics of global justice
remains academic, or at least incompletely realized. As seen in the short list above, all of the key
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issues of global justice scholarship, and many more that have not yet engaged philosophers, are
the subject of legal rules and institutions of a regional or global nature.

Second, international law tells us something about what morality and justice at the international
level mean in the first place. The law is intrinsic to the normative universe of practices,
institutions, and expectations that form our understandings about global justice. Law is where
many of the key claims about what a just world should look like are contested and ultimately
resolved through rules.

Third, because the rules of international law cover an enormous range of issues, and in many
ways influence the way key actors like states behave regarding those issues, those rules are both
a formalized instantiation, and in some cases even a causal factor, of the moral problems of
global justice. All international legal regimes represent choices by states and other actors to
regulate, or not regulate, international matters in ways that have winners and losers.

Access to Global Justice International level :

On account of the significance it possesses, access to justice has evolved from a moral
imperative to a legal right under the ambit of international, Constitutional law and national
law.3 In fact, access to justice has grown not merely to a legal right but has acquired the
status of a human right which must be not only be recognized but must also be implemented
and practiced in all States. International human rights law lay down binding standards with
respect to access to justice.Ratification of such human rights instruments imposes on States
the obligation for their implementation.

Human beings everywhere consider justice as important. It is for this reason access to justice
has secured a significant place in the realm of rights under international human rights law.
Its recognition as crucial to the enjoyment of all other legal rights, has obtained for it
universal acceptance and acknowledgment in various human rights instruments. Thus it may
be said that the right of access to justice has its foundation in the various provisions of
international human rights law which has developed binding standards in respect of it.

3
Kadwani Dias Ayesha & Welch Gita ,”Justice for the Poor: perspectives on Accelerating Access”, Oxford
University Press, New Delhi,2011,p. 20.

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There a number of human rights instruments with provisions on access to justice some of
which are binding and others not.

Universal Declaration of Human Rights, 1948:

Access to justice received formal attention from 48 member States of the UN on 10th
December 1948, with the proclamation of the Universal Declaration of Human Rights

This document was recognized internationally as the yardstick for human rights and in
particular, for laying down for the first time, the key components of access to justice. 4
Article 8 of the Declaration reads, “Everyone has the right to an effective remedy by the
competent national tribunals for acts violating the fundamental rights granted to him by the
Constitution or by law”

Article 8 of the UDHR makes it clear that rights without remedies would be meaningless. It
also demonstrates that States should protect and promote the fundamental rights of their
citizens by ensuring their accessibility to tribunals or courts which have the capacity to
enforce their claims.

The Declaration requires States to put in place competent mechanisms that would ensure the
enforcement of rights of individuals by providing them effective remedies 5. Hence where a
man has a right, he must, according to the Declaration, have the means to vindicate and
maintain the right and must be able to avail an effective remedy, in case of its violation.

The other Articles of the UDHR, require States to ensure that no situation should arise or no
circumstance should be used as a pretext for the violation of a person’s rights, outlined in
the Declaration6.

4
Dias Kadwani Ayesha & Welch Gita (eds.), Justice for the Poor, Perspectives on Accelerating Access,
Oxford University Press, New Delhi,2009,p.22.
5
Article 8 of the Universal Declaration of Human Rights
6
See Articles 28 and 30 of the UDHR.

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In criminal cases, the UDHR in prescribes the right to a fair and public hearing by an
independent and impartial trial, the presumption of innocence, and all the guarantees
necessary for defence. 7

The UDHR being a mere declaration is per se not legally binding. However it is considered
to be a ‘common standard of achievement for all peoples and all nations’. It is with the
International Bill of Rights,8that the principles enshrined therein developed into binding
‘juridical commitment’.

The International Bill of Human Rights consists of the Universal Declaration of Human
Rights, the International Covenant on Economic, Social and Cultural Rights, and the
International Covenant on Civil and Political Rights and its two Optional Protocols

The rights outlined in the Universal Declaration of Human Rights became binding with the
adoption of two treaty instruments namely the International Covenant for Civil and Political
Rights9 and the International Covenant for Economic, Social and Cultural Rights in 1966.

Access to Justice in International Covenant on Economic, Social and Cultural Rights 10

(ICESCR)

11
The International Covenant on Economic Social and Cultural Rights, is one of the
components of the International Bill of Rights. This Covenant is a legally binding document
that protects a range of economic, social and cultural rights without discrimination on the
basis of creed, political affiliation, gender of race. 12 Article 2(1) of the Covenant indirectly
addresses the right to access to justice by providing that, “Each State Party to the present

7
Articles 7 to 11 of the UDHR
8
The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and
its two Optional Protocols.
9
International Covenant on Civil and Political Rights is referred to by the abbreviated form as ICCPR in this work.
10
The International Covenant on Economic Social and Cultural Rights was adopted by the United Nations General
Assembly on 16th December 1966 , It entered into force on 3rd January 1976.See Brownlie,Ian(ed.) , Basic
Documents on Human Rights, Third Edition ,Clarendon Press, Oxford, 1998, p. 114.
11
The Covenant is referred to by its abbreviated form as ICESCR in this module.
12
Dias Kadwani Ayesha & Welch Gita (eds.),Justice for the Poor, Perspectives on Accelerating Access, Oxford
University Press, New Delhi, 2009,p. 23

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Covenant undertakes to take steps, individually and through international assistance and
cooperation, especially economic and technical to the maximum of its available resources
with a view to achieving progressively the full realization in the present Covenant by all
13
appropriate means including particularly the adoption of legislative measures. It thus
follows that States must have proper grievance redressal mechanism in place for their
citizens.

International Covenant for Civil and Political Rights (ICCPR)14

The ICCPR was adopted by a resolution of the United Nations General Assembly on 16th
December 1966.

Some of the components which form an integral part of the right to access to justice are to
be found in the ICCPR. The Covenant does recognize the right to access to justice. However
the recognition to the right is only in a limited sense and not to the extent it is understood in
modern times. Article 2 para 3 of the ICCPR ensures protection to an individual’s rights by
States in a three-fold manner. In case of violation of rights or freedoms, the States would
have to ensure their enforcement through an effective remedy, the right to the remedy would
have to be determined by competent judicial, administrative or legislative authorities 15.

Art. 14 ICCPR

 Equality before the law

 Fair and public hearing

 Trial without undue delay Legal assistance

13
Id. at p. 24.
14
Adopted by GA Resolution A/RES/2200A(XXI)of 16th December 1966. 160 countries have signed and ratified
the ICCPR, albeit with some reservations and derogations
15
Article 2 paragraph 3 of the ICCPR stipulates (a) To ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by
persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or legislative authorities, or by any other competent
authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To
ensure that the competent authorities shall enforce such remedies when granted.

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Article 14 of the ICCPR encompasses the spirit of access to justice in a comprehensive

manner. Article 14 of the ICCPR16 mandates equality before the courts and tribunals to all
persons and a fair and public hearing by a competent, independent and impartial tribunal,
established by law.17 While Article 14 (3) (c) mandates “trial without undue delay”, Article
14(3)(d) of the ICCPR requires that an accused offender is entitled “to have legal assistance
assigned to him, in any case where the interests of justice so require, and without payment
by him in any case if he does not have sufficient means to pay for it.18

16
Article 14 ICCPR

All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him,
or
of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent,
independent and impartial tribunal established by law. The press and the public may be excluded from all or part of
a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the
interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in
special circumstances where publicity would prejudice the interests of justice; but any judgment rendered in a
criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires
or the proceedings concern matrimonial disputes or the guardianship of children.
Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according
to law.
In the determination of any criminal charge against him, everyone shall be entitled to the following minimum
guarantees, in full equality:
To be informed promptly and in detail in a language which he understands of the nature and cause of the charge
against him;
To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own
choosing;
To be tried without undue delay;
To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be
informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case
where the interests of justice so require, and without payment by him in any such case if he does not have sufficient
means to pay for it;
To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses
on his behalf under the same conditions as witnesses against him;
To have the free assistance of an interpreter if he cannot understand or speak the language used in court;
Not to be compelled to testify against himself or to confess guilt.
In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of
promoting their rehabilitation.
Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher
tribunal according to law.
When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction
has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively
that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction
shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is
wholly or partly attributable to him.
No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or
acquitted in accordance with the law and penal procedure of each country.

17
Brownlie Ian (ed.), Basic Documents on Human Rights, 3rd Edition, Clarendon Press, Oxford, 1992, p.130.
18
Article 14 of the ICCPR

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In case of criminal offences, the ICCPR sets out specific obligations of States to ensure a
speedy trial and provide state-funded counsel for persons who are unable to afford the costs
of legal representation.

Article 14 of the ICCPR appears to incorporate directives for the trial of criminal offences.
But its essence may also be applied to proceedings which are not criminal in nature. The
right to access to justice is therefore recognized in two separate but complementary articles
of the ICCPR.19

Thus the ICCPR includes guarantees with regard to a fair trial 20 and also encompasses a
stipulation21 with regard to access to court.

Both the ICCPR, the ICESCR have their own monitoring and compliance committees to
ensure compliance with the norms laid down therein – a) the Human Rights Committee b)
the Committee on Economic, Social and Cultural Rights. These Committees are access
mechanisms monitor the fulfillment by State parties of all their obligations including the
access to justice obligation.

These bodies also prepare General Comments on the Articles of the treaty, elaborating and
elucidating their obligations.

In addition to the major UN instruments recognizing the right to access to justice as a

fundamental human right, the International Convention on the Elimination of All Forms of
Racial Discrimination,1965; Convention on the Elimination of All Forms of Discrimination
against Women,1979; the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,1984; Convention on the Rights of the Child,1989 and
the International Convention on the Protection of the Rights of all Migrant workers and
Members of their families,1990,are some of the other United Nations standards related to

19
Article 2 paragraphs 3 and Article 14of the ICCPR.
20
Article 14 of the ICCPR paragraph 1.
21
ibid

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Global Justice.22

Major Regional Human Rights Instruments

Various regional human rights instruments elaborated also provide protection to civil,
political, economic, social and other rights including access to justice.

 European Convention for the Protection of Human Rights and Fundamental Freedoms
of 1950
 American Convention on Human Rights,1969
 African Charter on Human and Peoples’ Rights,1981

European Convention for the Protection of Human Rights and Fundamental

Freedoms23

The European Convention for the Protection of Human Rights and Fundamental Freedoms
of 1950 gives specific legal content and practical form to the human rights set out in the
Universal Declaration of Human Rights. Although binding on the member states in Europe,
its elaboration on fair trial rights serves as a classical example for future human rights
instruments.

The European Convention stipulates that in the determination of his civil rights and
obligations or of any criminal charge against him, everyone is entitled to a fair and public
hearing within a reasonable time by an independent and impartial tribunal established by

22
UNDP: Programming for Justice: Access for All. A Practitioner’s Guide to a Human Rights-Based Approach to
Access to Justice available at http://www.unrol.org/doc.aspx?d=2311
23
The European Convention on Human Rights and Fundamental Freedoms was signed in Rome (Italy) on 4
November 1950 by 12 member states of the Council of Europe and it entered into force on 3rd September 1953. The
said Convention is referred to in this work by its abbreviation ECHR.

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law24.The Article lays down that States must ensure a fair and public hearing for grievances,
within a reasonable time. Such a hearing must be given by an independent and impartial
tribunal instituted by law. Thus, in the European Convention, the human right of access to
justice is seen as the right to a “fair hearing”.

American Convention on Human Rights,1969:

The American Convention on Human Rights, 1969, imposes a general legal obligation on
State Parties to respect the rights and freedoms recognized in the Convention. It specifically
recognizes the rights to a fair trial25 and to equal and judicial protection26. Article 8 of the
American Convention on Human Rights 1969, incorporates the right to a fair trial. The
Convention underscores a person’s right to a hearing with due guarantees and within a
reasonable time by a competent tribunal. This right is further reinforced by Article 25 which
stipulates the right to simple and prompt recourse or any other effective recourse, to a
competent court or tribunal in case of violation of fundamental rights recognized by the
Constitution or the Convention27.

African Charter on Human and Peoples’ Rights,1981:

Like the American Convention, though not in identical terms, the African Charter on Human
and Peoples’ Rights 1981, commonly known as the Banjul Charter, delineates every
28
individual’ s right to have his cause heard. This right includes “the right to appeal to
competent national organs against acts of violating his fundamental rights as recognized and
29
guaranteed by conventions, laws, regulations and customs in force”. Thus the African
Charter on Human and People’s Rights contains in unequivocal terms the guarantee of
access to the courts.

24
See Brownlie, Ian, Basic Documents on Human Rights, Third Edition, Clarendon Press, Oxford, 1998, p.329.
Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950.
25
Article 8 of the American Convention on Human Rights, 1969
26
Articles 24 and 25 of the American Convention on Human Rights, 1969
27
Art.25 of the American Convention on Human Rights, 1969.
28
Article 7 of the African Charter on Human and Peoples’ Rights,1981
29
Ibid.

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The following observations can be drawn from the various regional human rights treaties:
 The right of access to justice appears in different forms, as in access to courts or as the
right to a fair trial or as the right to an effective remedy or as the right to judicial
protection. Despite the differnces in the language used in the enactments, the contours
of access to justice are clearly visible in the said treaties.
 The right is subject to restriction and regulation, as is the case, with all other rights.
Thus the imposition of time limits, the grant of immunities , the requirement of leave, or
the mandatory compliance with a certain legal proecedure, are some of the valid
restrictions on the right of access to courts, that have been acknowleged in the
Conventions
 Although some of the essential dimensions of access to justice, 30 have been touched,
some of its other components have been overlooked in the core human rights
instruments, discussed.

Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power,
198531

This United Nations Declaration lays down principles standards and norms for securing
justice and assistance to victims of crime and abuse of power. Thus the rights of crime
victim are explicitly recognized and crime victims are defined in the Declaration of Basic
Principles of Justice for Victims of Crime and Abuse of Power. The Declaration sets out
categories of rights to which the victims of crimes are entitled. Access to justice and fair
treatment which enables the victim to obtain redress for the harm suffered through judicial
or administrative mechanism and the right to restitution, compensation and assistance are
stipulated therein.32

The Aarhus Convention, 1998

30
The right to an effective remedy, right in full equality to a fair and public hearing by an independents and
impartial tribunal, right to be tried without undue delay in criminal cases ,right to legal assistance, among others.
31
General Assembly Resolution A/ RES/40/34 adopted on 29th November 1985 available at
https://www.unodc.org/pdf/.../compendium_2006_part_03_02.pdf
32
Available at https://www.unodc.org/pdf/.../compendium_2006_part_03_02.pdf

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The Convention on Access to Information, Public Participation in decision making and

Access to Justice in environmental matters, was signed on 25th June 1998 in Article 9
establishes a right to information as well as access to a review procedure before a court or
other independent an impartial body if a request for such environmental information has
been ignored, or wrongfully refused .

World Trade Organisation (WTO) Dispute -Resolution Mechanism

The WTO Dispute Settlement Body (DSB) and Appellate Body provide a means for WTO
Members to resolve disputes arising under WTO agreements. The DSB comprises panels of
corporate and trade lawyers and officials who preside over hearings as judges or arbiters of
disputes, in case of disputes among members. However the general public enjoys no right of
access to the proceedings of the organization.

North American Free Trade Agreement (NAFTA)

The NAFTA provides a investor –state dispute mechanism which enables investors to
arbitrate their claims under NAFTA directly against the host Government, without the
intervention of the national government of the investor. By this a private actor has direct
access to international remedial proceedings or access to justice.

UN Mechanism that Promote Global Justice

International Court of Justice

The International Court of Justice (ICJ), also called the World Court, is one of the six
principal organs of the United Nations (UN) It settles disputes between states in accordance
with international law and gives advisory opinions on international legal issues. The ICJ is
the only international court that adjudicates general disputes between countries, with its

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rulings and opinions serving as primary sources of international law.33

UN Human Rights Council:

The Human Rights Council was established by the General Assembly as the key United
Nations inter-governmental body responsible for human rights. It has a comprehensive
human rights mandate. The Council addresses human rights violations, promotes human
rights assistance and education, reviews States’ human rights records, works to prevent
human rights abuses, responds to emergencies, and serves as an international forum for
human rights dialogue.34

The Office of the High Commissioner for Human Rights (OHCHR):

The Office of the High Commissioner for Human Rights is another mechanism to ensure the
protection and promotion of human rights. It is a part of the United Nations Secretariat, and
is headed the High Commissioner for Human Rights.

Rome Statute of the International Criminal Court, 1998:

The International Criminal Court established under the Rome Statute of 1998, 35 ensures
justice to victims who have suffered the violation of their rights in case of crimes of
genocide36 , crimes against humanity37 and war crimes38 . The victim-oriented provisions

33
Article 59: Statute of the International Court “ The decision of the Court has no binding force except between the
parties and in respect of that particular case. The judgment is final and without appeal. In the event of dispute as to
the meaning or scope of the judgment, the Court shall construe it upon the request of any party”
34
Available at http://www2.ohchr.org/english/press/hrc/kit/hrcs_fs2.pdf
35
Available at http://legal.un.org/icc/statute/99_corr/cstatute.htm
36
Article 6 of the Rome Statute of the International Criminal Court,1998
37
Ibid. Article 7
38
Ibid. Article 8.

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within the Rome Statute provide victims with the opportunity to be heard and to obtain
where appropriate, some form of reparation for the harm suffered. Under the Rome Statue, it
is the States that continue to have the primary responsibility to bring to justice those
responsible for crimes under international law. The International Criminal Court is
complementary to national criminal jurisdictions and acts only where national systems are
unwilling or unable to do so.

CONCLUSION
The idea of global justice is relatively new one as ancient, medieval and early modern thinkers
focused on justice within the state. The demand for global justice is due to a number of factors –
economic injustice, human rights, issues of immigration, climate change and environmental
hazards and issues of health and gender inequality. However, demands for global justice have not
materialized the present international system is based on states and not individuals as units.
There is also an absence of any global institution which can enforce justice at the global level.

1. BIBLOGRAPHY

WEBSITES REFERRED
 http://legal.un.org/icc/statute/99_corr/cstatute.htm

 http://www2.ohchr.org/english/press/hrc/kit/hrcs_fs2.pdf

 https://www.unodc.org/pdf/.../compendium_2006_part_03_02.pdf

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 http://www.unrol.org/doc.aspx?d=2311

BOOKS REFERRED/ statutes/Articles/ research papers

 International Covenant on Economic, Social and Cultural Rights (ICESCR)

 International Covenant for Civil and Political Rights (ICCPR)

 European Convention for the Protection of Human Rights and Fundamental Freedoms

 American Convention on Human Rights,1969

 African Charter on Human and Peoples’ Rights,1981

 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985

 The Aarhus Convention, 1998

 Rome Statute of the International Criminal Court, 1998:

25