International Law E-Books Online, Collection 2020, ISBN: 9789004419070.
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
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.
Source of Description
Description based on print version record.