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Author: Eric A. Engle
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 72
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Book Description
Author: Eric A. Engle
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 72
Get Book Here
Book Description
Author: Eric Engle
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Human rights are universally recognized. Their enforcement, however, often requires the action of particular states. This paper examines private law remedies in tort in several Member states of the European Union to remedy human rights violations occurring outside the European Union. It concludes that the laws examined are examples of universal jurisdiction and rights and duties of private persons under international law, which are two key elements of the post-Westphalian state system.
Author: Ewa Bagińska
Publisher: Springer
ISBN: 3319189506
Category : Law
Languages : en
Pages : 488
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Book Description
This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
Author: Juan José Álvarez Rubio
Publisher: Taylor & Francis
ISBN: 1351979159
Category : Law
Languages : en
Pages : 159
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Book Description
Cover -- Title -- Copyright -- Contents -- Notes on contributors -- Acknowledgments -- Introduction -- 1 Judicial remedies: The issue of jurisdiction -- 1.1 Overview -- 1.2 Impact of international human rights law on jurisdiction in private international law -- 1.2.1 Introduction -- 1.2.2 Human rights in private litigation -- 1.2.3 International human rights law and jurisdiction in private international law -- 1.3 Jurisdiction in private international law in Europe and the US -- 1.3.1 Introduction -- 1.3.2 The European approach: the Brussels I Regulation -- 1.3.2.1 Scope of application -- 1.3.2.2 Rules on jurisdiction -- 1.3.2.3 Policy debate regarding the reform of the Brussels I Regulation -- 1.3.3 The US approach to jurisdiction -- 1.3.3.1 Doctrines that may limit access to US courts in transnational cases -- 1.3.3.2 The Alien Tort Statute: presumption against extraterritoriality and personal jurisdiction -- 1.3.3.3 Further doctrines that may limit access to US courts in transnational cases -- 1.3.3.4 Litigating torts in state courts and/or under state law -- 1.3.4 Comparing the EU and US approach to jurisdiction in private international law -- 1.4 Residual jurisdiction in Europe -- 1.4.1 Introduction -- 1.4.2 Forum necessitatis -- 1.4.3 Joining of defendants -- 1.4.4 Pursuing civil remedies through criminal jurisdiction -- 1.5 Conclusions and recommendations -- 2 Judicial remedies: The issue of applicable law -- 2.1 Introduction -- 2.2 Legal context -- 2.2.1 Foreign direct liability and beyond -- 2.2.2 Private international law and extraterritoriality -- 2.2.3 Discussion -- 2.3 Applicable law -- 2.3.1 Rome II Regulation: general rule -- 2.3.2 Rome II Regulation: special rule on environmental damage -- 2.3.3 Rome II Regulation: relevant exceptions -- 2.3.3.1 Overriding mandatory provisions -- 2.3.3.2 Rules of safety and conduct.
Author: Ralph Gustav Steinhardt
Publisher: Martinus Nijhoff Publishers
ISBN: 9004632719
Category : Law
Languages : en
Pages : 457
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Book Description
The Alien Tort Claims Act is virtually unique in U.S. legislation for its clear recognition of international human rights. This unparalleled collection of essays, the only extensive work on the Act, draws together the best analyses and interpretations written to date, under the editorship of two of America's most untraditional and imaginative theorists of international law, and makes a formidable case for the Alien Tort Claims Act as a powerful tool for all lawyers, regardless of specialization. The book includes an exhaustive annotated bibliography. Published under the Transnational Publishers imprint.
Author: Albrecht Randelzhofer
Publisher: BRILL
ISBN: 9004632891
Category : Law
Languages : en
Pages : 310
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Book Description
Author: Gwynne L. Skinner
Publisher: Cambridge University Press
ISBN: 110719931X
Category : Business & Economics
Languages : en
Pages : 199
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Book Description
This account of business-related human rights violations details the barriers victims face when seeking remedies and offers policy solutions.
Author: Stefan Somers
Publisher:
ISBN: 9781780686837
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
Languages : en
Pages : 0
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Book Description
This book provides a detailed examination of the European Court of Human Rights' practice to award compensation under Article 41 of the European Convention on Human Rights and its consequences.
Author: David Moya
Publisher: BRILL
ISBN: 9004465693
Category : Law
Languages : en
Pages : 306
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Book Description
This volume conducts an in-depth analysis of the ECtHR’s case law in the area of migration and asylum as regards the most relevant rights of the ECHR, exploring the role of this court in this area of law.
Author: Michael Koebele
Publisher: BRILL
ISBN: 9047427114
Category : Law
Languages : en
Pages : 428
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Book Description
The Alien Tort Statute (also referred to as the Alien Tort Claims Act) is a US statute that provides a cause of action for violations of international law. While originally used against former dictators and military officials who fled to the U.S. after the respective governments in their home countries have been removed, human rights activists are now targeting transnational corporations or multinational enterprises for human rights violations in connection with their investments made outside the United States. This book examines and analyzes corporate liability under the Alien Tort Statute.
