Universal civil jurisdiction : which way forward? / Serena Forlati, Pietro Franzina.

Format:

Book

Author/Creator:

Forlati, Serena, author.

Franzina, Pietro, author.

Language:

English

Subjects (All):

European Court of Human Rights.

Civil procedure.

Conflict of laws--Jurisdiction.

Conflict of laws.

Transitional justice.

Process (Law).

Jurisdiction (International law).

International law and human rights.

International crimes.

Physical Description:

1 online resource.

Place of Publication:

Leiden, Netherlands ; Boston, Massachusetts : Brill Nijhoff, [2020]

Summary:

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.

Contents:

Introduction / Serena Forlati, Pietro Franzina

The Case of Näit- Liman before the European Court of Human Rights a forum non conveniens for asserting the right of access to a court in relation to civil claims for torture committed abroad? / Andrea Saccucci

The role of the European Court of Human Rights in the development of rules on universal civil jurisdiction Naït- Liman v Switzerland in the transition between the chamber and the grand chamber / Serena Forlati

Interpretation of the European convention on Human Rights lessons from the Naït- Liman Case / Malgosia Fitzmaurice

Public international law constraints on the exercise of adjudicatory jurisdiction in civil matters / Lucas Roorda and Cedric Ryngaert

Universal civil jurisdiction and reparation for international crimes / Beatrice I. Bonafè

Limitations to the exercise of civil jurisdiction in areas other than reparation for international crimes / Fabrizio Marongiu Buonaiuti

Residual jurisdiction under the Brussels I Bis regulation an unexpected avenue to address extraterritorial corporate Human Rights violations / Mariangela La Manna

The law applicable to the civil consequences of human rights violations committed abroad / Patrick Kinsch

The changing face of adjudicatory jurisdiction / Pietro Franzina.

Notes:

Includes bibliographical references (pages [189]-203) and index.

Description based on print version record.

ISBN:

90-04-40857-6

Publisher Number:

10.1163/9789004408579 DOI