Author : Eric A. Engle
Publisher : Unknown
Page : 72 pages
File Size : 45,7 Mb
Release : 2005
Category : Law
ISBN : OCLC:165855673
Alien Torts in Europe?
Eric A. Engle
Alien Torts In Europe
Alien Torts In Europe Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Alien Torts In Europe book. This book definitely worth reading, it is an incredibly well-written.
Alien Torts in Europe? Human Rights and Tort in European Law
Eric Engle
Author : Eric Engle
Publisher : Unknown
Page : 0 pages
File Size : 50,6 Mb
Release : 2015
Category : Electronic
ISBN : OCLC:1376648564
Alien Torts in Europe? Human Rights and Tort in European Law by Eric Engle Pdf
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.
Damages for Violations of Human Rights
Ewa Bagińska
Author : Ewa Bagińska
Publisher : Springer
Page : 486 pages
File Size : 52,6 Mb
Release : 2015-10-20
Category : Law
ISBN : 9783319189505
Damages for Violations of Human Rights by Ewa Bagińska Pdf
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.
Mass Torts in Europe
Willem H. van Boom,Gerhard Wagner
Author : Willem H. van Boom,Gerhard Wagner
Publisher : Walter de Gruyter GmbH & Co KG
Page : 282 pages
File Size : 41,7 Mb
Release : 2014-10-14
Category : Law
ISBN : 9783110386516
Mass Torts in Europe by Willem H. van Boom,Gerhard Wagner Pdf
in recent years, there has been a growing interest in the legal aspects of mass torts in Europe. Both academics, legislatures, courts and policymakers throughout the whole of Europe have been struggling with the challenges that such ‚massification‘ of private law relationships poses both in and outside of tort law. The subject moves between the law of civil procedure, substantive tort law, access to justice debates and regulatory frameworks for mass disputes. This volume offers both a caleidoscopic review of real-life key cases of mass tort and an in-depth reflection on the broader implications of mass tort in Europe. Thus, the challenges posed by mass torts are explored, mapped and analysed.
Corporate Responsibility Under the Alien Tort Statute
Michael Koebele
Author : Michael Koebele
Publisher : Martinus Nijhoff Publishers
Page : 429 pages
File Size : 44,9 Mb
Release : 2009
Category : Law
ISBN : 9789004173651
Corporate Responsibility Under the Alien Tort Statute by Michael Koebele Pdf
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.
Accountability and Corporate Human Rights Violations in Tort and International Law
Emmanuel K. Nartey
Author : Emmanuel K. Nartey
Publisher : Cambridge Scholars Publishing
Page : 480 pages
File Size : 50,5 Mb
Release : 2021-10-04
Category : Law
ISBN : 9781527575752
Accountability and Corporate Human Rights Violations in Tort and International Law by Emmanuel K. Nartey Pdf
This volume identifies a coherent legal principle in order to establish a novel duty of care for corporate human rights violations and environmental damages. It examines whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses, and carries out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this book is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, the book sets out a theoretical mechanism for duty of care, as well as a proposal for the establishment of a ‘Hybrid International Transnational Corporation Court’ that would have the potential to effectively interpret the concept of the corporate duty of care under tort law.
Remedy for Human Rights Abuses under Tort and International Law
Emmanuel K. Nartey
Author : Emmanuel K. Nartey
Publisher : Cambridge Scholars Publishing
Page : 335 pages
File Size : 47,8 Mb
Release : 2022-03-18
Category : Law
ISBN : 9781527582170
Remedy for Human Rights Abuses under Tort and International Law by Emmanuel K. Nartey Pdf
This second volume examines laws relating to the civil liabilities of corporations and states in connection with torts or other breaches of international law and human rights law. It illustrates how particular legal principles or rules can be applied or developed to promote corporate accountability, with legal duties that arise under tort law or statutory law. Businesses operate within particular legal regulatory regimes and also within the framework of obligations imposed in tort law. Such laws aim to shape or constrain behaviour for the protection of others in society. There are also environmental protection laws which aim to prevent the release of noxious or hazardous substances, and occupational health and safety laws for the protection of employees. The law of negligence in tort imposes general obligations on persons to take reasonable care to prevent harm to others in circumstances where there is a duty of care. Companies, as legal persons, are required to comply with such legal obligations. The book looks at the role of courts in upholding human rights obligations and providing a forum to resolve corporate human rights abuses issues. If the state does not regulate a specific issue of corporate human rights violations, then the court will address any lacuna in the domestic law by having recourse to (I) rules of international law; (II) general principles of international human rights law; (III) general principles of human rights law common to the major legal systems of the world; (IV) general principles of law that is in agreement with the fundamental requirements of rule of law, and the protection of human dignity and justice; and (V) the general principle of a duty of care (tort of negligence). The book will help lawyers, scholars, and students to see how corporate human rights violations can involve multiple legal principles.
European Tort Law
Cees van Dam
Author : Cees van Dam
Publisher : Oxford University Press
Page : 654 pages
File Size : 42,5 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780199672264
European Tort Law by Cees van Dam Pdf
This textbook provides insight into the differences commonalities and mutual influece of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.
The Alien Tort Claims ACT
Ralph Gustav Steinhardt,Anthony A. D'Amato
Author : Ralph Gustav Steinhardt,Anthony A. D'Amato
Publisher : Martinus Nijhoff Publishers
Page : 457 pages
File Size : 53,6 Mb
Release : 2023-07-03
Category : Law
ISBN : 9789004632714
The Alien Tort Claims ACT by Ralph Gustav Steinhardt,Anthony A. D'Amato Pdf
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.
Developments in EU External Relations Law
Marise Cremona
Author : Marise Cremona
Publisher : OUP Oxford
Page : 352 pages
File Size : 54,9 Mb
Release : 2008-09-25
Category : Law
ISBN : 9780191564635
Developments in EU External Relations Law by Marise Cremona Pdf
External relations is currently among the most dynamic areas of EU law, its institutional structures profoundly affected by the Lisbon Treaty. This volume gathers leading analysts to assess core recent developments in the field, taking stock of the current law and potential developments in major policy areas. The volume opens with an assessment of a central concept at the heart of EU external relations, underpinning its international identity. Christophe Hillion analyses the legal principles which ensure coherence between different strands of the EU's external activity, and the contribution of law to the consistency of the EU's international presence. Frank Hoffmeister turns the focus outwards to the interaction between the EU and the international legal order - the legal basis for the EU's activity in shaping international law and the EU's contribution to 'state practice'. These opening chapters develop a picture of the EU's active international participation as well as the characteristic structural complexity of its external relations, and against this background the remainder of the book examines key policy areas of EU external action. Lorand Bartels analyses the relationship between trade policy and development; Markus Krajewski discusses trade in services and the link between external and internal policy issues; and Nathalie Tocci assesses the EU's contribution to conflict resolution, an important focus of the Common Foreign and Security Policy. The complex policy picture that emerges from the different goals, values and instruments across these areas is examined in the book's final chapter which focuses on the European Neighbourhood Policy, frequently proclaimed as a strategic priority for the EU. Together, the essays present a clear picture of the complex development of EU external relations, of the struggle for coherence in the increasingly active, visible and self-conscious role played by the EU as a participant in the international legal order.
European Private International Law
Geert van Calster
Author : Geert van Calster
Publisher : Bloomsbury Publishing
Page : 531 pages
File Size : 55,8 Mb
Release : 2021-01-14
Category : Law
ISBN : 9781509942084
European Private International Law by Geert van Calster Pdf
This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.
Environmental Liability and the Interplay between EU Law and International Law
Emanuela Orlando
Author : Emanuela Orlando
Publisher : Routledge
Page : 253 pages
File Size : 51,9 Mb
Release : 2023-07-24
Category : Law
ISBN : 9781317385967
Environmental Liability and the Interplay between EU Law and International Law by Emanuela Orlando Pdf
The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level. Given the book’s focus and the transnational legal dimension of the issues covered, this volume will be of great interest to legal academics and researchers working in the environmental law field from an EU law and international law perspective, as well as more generally to scholars interested in the study of the relationship between EU and international law. Outside academia, the book will also be of great interest to practitioners wishing to get insights into the application of the law of environmental liability in the EU and at the international law level.
Causation in European Tort Law
Marta Infantino,Eleni Zervogianni
Author : Marta Infantino,Eleni Zervogianni
Publisher : Cambridge University Press
Page : 785 pages
File Size : 52,7 Mb
Release : 2017-12-28
Category : Law
ISBN : 9781108418362
Causation in European Tort Law by Marta Infantino,Eleni Zervogianni Pdf
This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
Principles, Definitions and Model Rules of European Private Law
Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 406 pages
File Size : 54,5 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591
Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Personality Rights in European Tort Law
Gert Brüggemeier,Aurelia Colombi Ciacchi,Patrick O'Callaghan
Author : Gert Brüggemeier,Aurelia Colombi Ciacchi,Patrick O'Callaghan
Publisher : Cambridge University Press
Page : 621 pages
File Size : 41,6 Mb
Release : 2010-04-15
Category : Law
ISBN : 9781139484299
Personality Rights in European Tort Law by Gert Brüggemeier,Aurelia Colombi Ciacchi,Patrick O'Callaghan Pdf
This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.
