Access to Justice and Forum Necessitatis in Transnational Human Rights Litigation
Maria Chiara MARULLO, Member of the Research group “Business and Human Rights Challenges for CrossBorder Litigation in the EU”
Papeles el Tiempo de los Derechos, núm. 5 (2015)
HURI-AGE, Consolider-Ingenio 2010
Table of contents: I. Introduction. II. The right to access to justice. III.Access to Justice as a priority in the UN Sustainable Development Goals. IV.The principle of Estoppel and the prohibition of venire contra factum proprium. V. The forum necessitatis as new mechanism to guarantee the access to justice. VI.The need to implement the existing international legal system. VII. Conclusions.
Access to justice is a fundamental right that has been recognized as a priority for countries and now is a new Millennium Sustainable Development Goal to ensure more peaceful and just societies. International law has developed standards on the removal of legal and procedural barriers in case of violation of such international norms protecting Human Rights which undermine the possibility of victims access to justice; it is only a first step that, along with the creation of different institutions and mechanisms, can guarantee people the right to have legal and effective repair remedies. In that way we could evaluate the proposal of establishing a forum necessitatis, an exceptional mechanism created to prevent the growing impunity that in particular multinational corporations seem to enjoy. Such forum would also allow States to intervene in an actio popularis manner fulfilling international obligations in defense of the fundamental interests of the International Community and to not evade the legitimate expectations of other subjects, their own citizens, which are generated by the ratified international treaties on Human Rights.