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

Author : Attila Fenyves
Publisher : Walter de Gruyter
ISBN 13 : 311026000X
Total Pages : 933 pages
Book Rating : 4.1/5 (12 download)

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Book Synopsis Tort Law in the Jurisprudence of the European Court of Human Rights by : Attila Fenyves

Download or read book Tort Law in the Jurisprudence of the European Court of Human Rights written by Attila Fenyves and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 933 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Attila Fenyves
Publisher : Walter de Gruyter
ISBN 13 : 9783119165976
Total Pages : 0 pages
Book Rating : 4.1/5 (659 download)

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Book Synopsis Tort Law in the Jurisprudence of the European Court of Human Rights by : Attila Fenyves

Download or read book Tort Law in the Jurisprudence of the European Court of Human Rights written by Attila Fenyves and published by Walter de Gruyter. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Jane Wright
Publisher : Bloomsbury Publishing
ISBN 13 : 1509913173
Total Pages : 347 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Tort Law and Human Rights by : Jane Wright

Download or read book Tort Law and Human Rights written by Jane Wright and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Stefan Somers
Publisher :
ISBN 13 : 9781780686837
Total Pages : 0 pages
Book Rating : 4.6/5 (868 download)

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Book Synopsis The European Convention on Human Rights as an Instrument of Tort Law by : Stefan Somers

Download or read book The European Convention on Human Rights as an Instrument of Tort Law written by Stefan Somers and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Damages for Violations of Human Rights

Author : Ewa Bagińska
Publisher : Springer
ISBN 13 : 3319189506
Total Pages : 486 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Damages for Violations of Human Rights by : Ewa Bagińska

Download or read book Damages for Violations of Human Rights written by Ewa Bagińska and published by Springer. This book was released on 2015-10-20 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Essential Cases on Damage

Author : Benedict Winiger
Publisher : Walter de Gruyter
ISBN 13 : 3110248492
Total Pages : 1218 pages
Book Rating : 4.1/5 (12 download)

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Book Synopsis Essential Cases on Damage by : Benedict Winiger

Download or read book Essential Cases on Damage written by Benedict Winiger and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European Tort Law

Author : Cees van Dam
Publisher : Oxford University Press
ISBN 13 : 0199672261
Total Pages : 654 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis European Tort Law by : Cees van Dam

Download or read book European Tort Law written by Cees van Dam and published by Oxford University Press. This book was released on 2013-03-21 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Corporate Human Rights Violations

Author : Stefanie Khoury
Publisher : Routledge
ISBN 13 : 1317216059
Total Pages : 210 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Corporate Human Rights Violations by : Stefanie Khoury

Download or read book Corporate Human Rights Violations written by Stefanie Khoury and published by Routledge. This book was released on 2016-12-08 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Europeanisation of English Tort Law

Author : Paula Giliker
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253807
Total Pages : 397 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Europeanisation of English Tort Law by : Paula Giliker

Download or read book The Europeanisation of English Tort Law written by Paula Giliker and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?

Tort Law in the European Union

Author : Gert Brüggemeier
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403500719
Total Pages : 280 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in the European Union by : Gert Brüggemeier

Download or read book Tort Law in the European Union written by Gert Brüggemeier and published by Kluwer Law International B.V.. This book was released on 2018-06-14 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human Rights and European Law

Author : Mary Arden
Publisher : Oxford University Press, USA
ISBN 13 : 0198728573
Total Pages : 363 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Human Rights and European Law by : Mary Arden

Download or read book Human Rights and European Law written by Mary Arden and published by Oxford University Press, USA. This book was released on 2015 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of recent criticism of the EU and Strasbourg, Mary Arden makes an invaluable contribution to the debate on transnational courts and human rights. Drawing on years of experience as a senior judge, she explains clearly how human rights law has evolved, and the difficult balances that judges have to strike when interpreting it.

Personality Rights in European Tort Law

Author : Gert Brüggemeier
Publisher : Cambridge University Press
ISBN 13 : 113948429X
Total Pages : 621 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Personality Rights in European Tort Law by : Gert Brüggemeier

Download or read book Personality Rights in European Tort Law written by Gert Brüggemeier and published by Cambridge University Press. This book was released on 2010-04-15 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The European Court of Human Rights between Law and Politics

Author : Jonas Christoffersen
Publisher : OUP Oxford
ISBN 13 : 0191621900
Total Pages : 256 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The European Court of Human Rights between Law and Politics by : Jonas Christoffersen

Download or read book The European Court of Human Rights between Law and Politics written by Jonas Christoffersen and published by OUP Oxford. This book was released on 2011-06-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutionalisation of Private Law

Author : Thomas Barkhuysen
Publisher : BRILL
ISBN 13 : 9004148523
Total Pages : 145 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Constitutionalisation of Private Law by : Thomas Barkhuysen

Download or read book Constitutionalisation of Private Law written by Thomas Barkhuysen and published by BRILL. This book was released on 2006 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.

Damages and Human Rights

Author : Jason NE Varuhas
Publisher : Bloomsbury Publishing
ISBN 13 : 1782252819
Total Pages : 547 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Damages and Human Rights by : Jason NE Varuhas

Download or read book Damages and Human Rights written by Jason NE Varuhas and published by Bloomsbury Publishing. This book was released on 2016-05-19 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Fundamental Rights and Private Law in Europe

Author : Nuno Ferreira
Publisher : Routledge
ISBN 13 : 1136716327
Total Pages : 298 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Fundamental Rights and Private Law in Europe by : Nuno Ferreira

Download or read book Fundamental Rights and Private Law in Europe written by Nuno Ferreira and published by Routledge. This book was released on 2011-05-19 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. It discusses the different models of ‘horizontal effect’ and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, constitutional and child law), sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policy-makers and activists with an interest in human rights, tort law, comparative law, children’s rights and European private law.

The Legal Culture of the European Court of Human Rights

Author : Nina-Louisa Arold
Publisher : BRILL
ISBN 13 : 9047421930
Total Pages : 224 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis The Legal Culture of the European Court of Human Rights by : Nina-Louisa Arold

Download or read book The Legal Culture of the European Court of Human Rights written by Nina-Louisa Arold and published by BRILL. This book was released on 2007-09-21 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Without understanding the legal culture of the judges a full understanding of Strasbourg’s rulings seems hardly possible. Through interviews, field observations and case law analysis, this book fills this need and offers a fresh approach towards convergence in Europe.