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Universal Civil Jurisdiction: Which Way Forward?

Universal Civil Jurisdiction: Which Way Forward?

Universal Civil Jurisdiction: Which Way Forward?

Author: Serena Forlati; Pietro Franzina
Publisher: Brill Nijhoff
ISBN: 9789004408562
Published In: October 2020
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,635.90

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Description
Contents

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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.

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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