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Universal civil jurisdiction : which way forward?
Author
Title
Universal civil jurisdiction : which way forward? / edited by Serena Forlati and Pietro Franzina ; with the assistance of Mariangela La Manna.
ISBN
9789004408562
9004408568
9789004408579
Publication
Leiden ; Boston : Brill Nijhoff, [2021]
Physical Description
xi, 207 pages ; 25 cm.
Summary
"Emeritus Professor of International Law, University of Florence Judge at the International Court of Justice While universal jurisdiction in criminal matters has been the subject of a substantial body of literature, much less attention has been given to universal civil jurisdiction, namely jurisdiction exercised by a State over a civil case when there are no significant connections between that case and the forum State. The present collection of essays provides a welcome contribution to the study of this topic. As could be expected, the judgment of the European Court of Human Rights (hereinafter, the Court) in Naït- Liman v Switzerland, rendered by the Grand Chamber in 2018, elicits several comments (especially those of Andrea Saccucci, Serena Forlati and Malgosia Fitzmaurice) and provides the background of most chapters. However, the volume also addresses various aspects of universal civil jurisdiction that were not considered in the judgment"-- Provided by publisher.
Format
Books
Language
English
Added to Catalog
February 15, 2021
Bibliography
Includes bibliographical references and index.
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.
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