Universal Civil Jurisdiction: Which Way Forward?

International Law

Universal Civil Jurisdiction: Which Way Forward?

Edited by Serena Forlati · Pietro Franzina
Brill Nijhoff October 2020

Specifications

ISBN-13
9789004408562
Publisher
Brill Nijhoff
Publication
October 2020
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Enabling the victims of international crimes to obtain reparation is crucial to fighting impunity. In Universal Civil Jurisdiction – Which Way Forward? experts of public and private international law discuss one of the key challenges that victims face, namely access to justice.

Civil courts in the country where the crime was committed may be biased, or otherwise unwilling or unable to hear the case. Are the courts of other countries permitted, or required, to rule on the victim’s claim? Trends at the international and the domestic level after the Naït-Liman judgment of the European Court of Human Rights offer a nuanced answer, suggesting that civil jurisdiction is not only concerned with sovereignty, but is also a tool for the governance of global problems.

Table of Contents

Introduction
Chapter 1. The Case of Naït-Liman before the European Court of Human Rights
Chapter 2. The Role of the European Court of Human Rights in the Development of Rules on Universal Civil Jurisdiction
Chapter 3. Interpretation of the European Convention on Human Rights
Chapter 4. Public International Law Constraints on the Exercise of Adjudicatory Jurisdiction in Civil Matters
Chapter 5. Universal Civil Jurisdiction and Reparation for International Crimes
Chapter 6. Limitations to the Exercise of Civil Jurisdiction in Areas Other Than Reparation for International Crimes
Chapter 7. Residual Jurisdiction under the Brussels I bis Regulation
Chapter 8. The Law Applicable to the Civil Consequences of Human Rights Violations Committed Abroad
Chapter 9. The Changing Face of Adjudicatory Jurisdiction
Back Matter
Bibliography
Index
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