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7 - Judicial Control Mechanisms

Published online by Cambridge University Press:  16 June 2021

Antal Berkes
Affiliation:
Brunel University
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Summary

The chapter argues that judicial control mechanisms can provide effective remedies for individuals in ‘grey zones’ provided that the applicant can establish the responsibility of the respondent State and the (quasi-)judicial body is willing to exercise certain judicial activism to promote individuals’ access to international justice. The chapter highlights certain major deficiencies of judicial control mechanisms, before recommending certain tools of judicial activism that may promote individual applications from ‘grey zones’. If the attributability of the conduct to the respondent State is established, judicial control mechanisms are likely to have an impact on the human rights situation in the ‘grey zone’.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2021

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  • Judicial Control Mechanisms
  • Antal Berkes, Brunel University
  • Book: International Human Rights Law Beyond State Territorial Control
  • Online publication: 16 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108886543.008
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  • Judicial Control Mechanisms
  • Antal Berkes, Brunel University
  • Book: International Human Rights Law Beyond State Territorial Control
  • Online publication: 16 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108886543.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Judicial Control Mechanisms
  • Antal Berkes, Brunel University
  • Book: International Human Rights Law Beyond State Territorial Control
  • Online publication: 16 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108886543.008
Available formats
×