Tort Law In The Jurisprudence Of The European Court Of Human Rights

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Tort Law in the Jurisprudence of the European Court of Human Rights

Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner
Tort Law in the Jurisprudence of the European Court of Human Rights Book PDF

Author : Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner
Publisher : Walter de Gruyter
Page : 933 pages
File Size : 43,6 Mb
Release : 2011-11-30
Category : Law
ISBN : 9783110260007

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Tort Law in the Jurisprudence of the European Court of Human Rights by Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner Pdf

The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.

Tort Law in the Jurisprudence of the European Court of Human Rights

Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner
Tort Law in the Jurisprudence of the European Court of Human Rights Book PDF

Author : Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner
Publisher : Walter de Gruyter
Page : 0 pages
File Size : 47,6 Mb
Release : 2011
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 3119165972

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Tort Law in the Jurisprudence of the European Court of Human Rights by Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner Pdf

The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court's judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real 'just' satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.

Tort Law and Human Rights

Jane Wright
Tort Law and Human Rights Book PDF

Author : Jane Wright
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 45,9 Mb
Release : 2017-02-23
Category : Law
ISBN : 9781509913169

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Tort Law and Human Rights by Jane Wright Pdf

This is a completely revised and expanded second edition, building on the first edition with two principal aims: to elucidate the role that domestic tort principles play in securing to citizens the human rights standards laid down in the European Convention on Human Rights, including the new 'remedy' under the Human Rights Act 1998; and to evaluate tort principles for compliance with those standards. The first edition was written when the Human Rights Act 1998 was newly enacted and many questions existed as to its potential impact on tort law. Answers to many of the questions, which were raised at that time, are only now emerging. Therefore, the text has been updated to reflect these developments. Whether it is appropriate to attribute particular goals and functions to tort law is highly contested and the analysis begins by locating the discussion within these contemporary debates. The author goes on to examine the extent to which the action against public authorities under section 7 of the Act has impacted on the development of common law principles, as well as the issue of horizontal effect of the Act between non-state actors. New chapters include: 'A Human Rights Based Approach to Tort Law' and 'Public Authority Liability and Privacy – From Misuse of Private Information to Autonomy.'

The European Convention on Human Rights as an Instrument of Tort Law

Stefan Somers
The European Convention on Human Rights as an Instrument of Tort Law Book PDF

Author : Stefan Somers
Publisher : Unknown
Page : 0 pages
File Size : 52,6 Mb
Release : 2018
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 1780686838

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The European Convention on Human Rights as an Instrument of Tort Law by Stefan Somers Pdf

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.

European Tort Law

Cees van Dam
European Tort Law Book PDF

Author : Cees van Dam
Publisher : Oxford University Press
Page : 654 pages
File Size : 43,7 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780199672264

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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.

Damages for Violations of Human Rights

Ewa Bagińska
Damages for Violations of Human Rights Book PDF

Author : Ewa Bagińska
Publisher : Springer
Page : 486 pages
File Size : 40,6 Mb
Release : 2015-10-20
Category : Law
ISBN : 9783319189505

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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.

Damages and Human Rights

Jason NE Varuhas
Damages and Human Rights Book PDF

Author : Jason NE Varuhas
Publisher : Bloomsbury Publishing
Page : 547 pages
File Size : 48,7 Mb
Release : 2016-05-19
Category : Law
ISBN : 9781782252818

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Damages and Human Rights by Jason NE Varuhas Pdf

Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.

The European Court of Human Rights between Law and Politics

Jonas Christoffersen,Mikael Rask Madsen
The European Court of Human Rights between Law and Politics Book PDF

Author : Jonas Christoffersen,Mikael Rask Madsen
Publisher : OUP Oxford
Page : 256 pages
File Size : 51,5 Mb
Release : 2011-06-09
Category : Law
ISBN : 9780191621901

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The European Court of Human Rights between Law and Politics by Jonas Christoffersen,Mikael Rask Madsen Pdf

The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.

Corporate Human Rights Violations

Stefanie Khoury,David Whyte
Corporate Human Rights Violations Book PDF

Author : Stefanie Khoury,David Whyte
Publisher : Routledge
Page : 210 pages
File Size : 40,5 Mb
Release : 2016-12-08
Category : Political Science
ISBN : 9781317216056

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Corporate Human Rights Violations by Stefanie Khoury,David Whyte Pdf

This book develops an analysis of the historical, political and legal contexts behind current demands by NGOs and the United Nations Human Rights Council to hold corporations accountable for their human rights violations. Based on an analysis of the range of mechanisms of accountability that currently exist, it argues that that those demands are a response to the failure of neo-liberal policies that have dominated the practice of politics and law since the emergence of this debate in its current form in the 1970s. Offering a new approach to understanding how struggles for hegemony are refracted through a range of legal challenges to corporate human rights violations, the book offers a fresh perspective for understanding how those struggles are played out in the global sphere. In order to analyse the prospects for using human rights law to challenge the right of corporations to author human rights violations, the book explores the development of a range of political initiatives in the UN, the uses of tort law in domestic courts, and the uses of human rights law at the European Court of Human Rights and at the Inter-American Court of Human Rights. This book will be essential reading for all those interested in how international institutions and NGOs are both shaping and being shaped by global struggles against corporate power.

Essential Cases on Damage

Benedict Winiger,Helmut Koziol,Bernhard A. Koch,Reinhard Zimmermann
Essential Cases on Damage Book PDF

Author : Benedict Winiger,Helmut Koziol,Bernhard A. Koch,Reinhard Zimmermann
Publisher : Walter de Gruyter
Page : 1218 pages
File Size : 53,5 Mb
Release : 2011-11-30
Category : Law
ISBN : 9783110248494

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Essential Cases on Damage by Benedict Winiger,Helmut Koziol,Bernhard A. Koch,Reinhard Zimmermann Pdf

The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.

The Europeanisation of English Tort Law

Paula Giliker
The Europeanisation of English Tort Law Book PDF

Author : Paula Giliker
Publisher : Bloomsbury Publishing
Page : 397 pages
File Size : 40,6 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782253808

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The Europeanisation of English Tort Law by Paula Giliker Pdf

Tort law is often regarded as the clearest example of traditional common law reasoning. Yet, in the past 40 years, the common law of England and Wales has been subject to European influences as a result of the introduction of the European Communities Act 1972 and, more recently, the implementation of the Human Rights Act 1998 in October 2000. EU Directives have led to changes to the law relating to product liability, health and safety in the workplace, and defamation, while Francovich liability introduces a new tort imposing State liability for breach of EU law. The 1998 Act has led to developments in privacy law and made the courts reconsider their approach to public authority liability and freedom of expression in defamation law. This book explores how English tort law has changed as a result of Europeanisation - broadly defined as the influence of European Union and European human rights law. It also analyses how this influence has impacted on traditional common law reasoning. Has Europeanisation led to changes to the common law legal tradition or has the latter proved more resistant to change than might have been expected?

Courts and Comparative Law

Mads Andenas,Duncan Fairgrieve
Courts and Comparative Law Book PDF

Author : Mads Andenas,Duncan Fairgrieve
Publisher : OUP Oxford
Page : 730 pages
File Size : 41,5 Mb
Release : 2015-07-30
Category : Law
ISBN : 9780191059049

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Courts and Comparative Law by Mads Andenas,Duncan Fairgrieve Pdf

While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

The Influence of Human Rights and Basic Rights in Private Law

Verica Trstenjak,Petra Weingerl
The Influence of Human Rights and Basic Rights in Private Law Book PDF

Author : Verica Trstenjak,Petra Weingerl
Publisher : Springer
Page : 593 pages
File Size : 50,5 Mb
Release : 2015-12-16
Category : Law
ISBN : 9783319253374

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The Influence of Human Rights and Basic Rights in Private Law by Verica Trstenjak,Petra Weingerl Pdf

This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

The European Convention on Human Rights

Loukis Loucaides
The European Convention on Human Rights Book PDF

Author : Loukis Loucaides
Publisher : BRILL
Page : 287 pages
File Size : 44,7 Mb
Release : 2007-10-15
Category : Law
ISBN : 9789047422259

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The European Convention on Human Rights by Loukis Loucaides Pdf

This book comprises 13 articles on topics drawn from the European Convention on Human Rights. The book provides the reader with interesting information on aspects of Human Rights explored for the first time and presented from a critical standpoint.

Tort Law in the European Union

Gert Brüggemeier
Tort Law in the European Union Book PDF

Author : Gert Brüggemeier
Publisher : Kluwer Law International B.V.
Page : 280 pages
File Size : 42,6 Mb
Release : 2018-06-14
Category : Law
ISBN : 9789403500713

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Tort Law in the European Union by Gert Brüggemeier Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the European Union. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the European Union. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.