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1 results

  • 7 - Judicial Control Mechanisms

  • Antal Berkes, Brunel University
  • Book:
    International Human Rights Law Beyond State Territorial Control
    Published online:
    16 June 2021
    Print publication:
    17 June 2021, pp 290-306

  • 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’.