Ius Comparatum - Global Studies in Comparative Law

Damages for Violations of Human Rights

A Comparative Study of Domestic Legal Systems

Editors: Bagińska, Ewa (Ed.)

  • Contributes to the understanding of the law of tortuous liability relating to infringements of human rights
  • Investigates the legal grounds, premises and extent of pecuniary compensation for violations of human rights
  • Offers a comparative analysis of the distinctions and similarities among the various jurisdictions
  • Includes country reports prepared by national experts as well as a comparative report
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eBook 107,09 €
price for Spain (gross)
  • ISBN 978-3-319-18950-5
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 135,19 €
price for Spain (gross)
  • ISBN 978-3-319-18949-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
About this book

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.

Table of contents (20 chapters)

  • Introduction

    Bagińska, Ewa

    Pages 1-8

    Preview Buy Chapter 30,19 €
  • Damages for Violation of Human Rights in Croatia

    Nikšić, Saša

    Pages 9-24

    Preview Buy Chapter 30,19 €
  • Damages for the Infringement of Human Rights – The Czech Republic

    Šturma, Pavel (et al.)

    Pages 25-41

    Preview Buy Chapter 30,19 €
  • Compensation for Human Rights Violations in Estonia

    Andresen, Ene

    Pages 43-67

    Preview Buy Chapter 30,19 €
  • Les dommages-intérêts pour violation des droits de l’homme en France

    Philippe, Xavier

    Pages 69-100

    Preview Buy Chapter 30,19 €

Buy this book

eBook 107,09 €
price for Spain (gross)
  • ISBN 978-3-319-18950-5
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 135,19 €
price for Spain (gross)
  • ISBN 978-3-319-18949-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
Damages for Violations of Human Rights
Book Subtitle
A Comparative Study of Domestic Legal Systems
Editors
  • Ewa Bagińska
Series Title
Ius Comparatum - Global Studies in Comparative Law
Series Volume
9
Copyright
2016
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-18950-5
DOI
10.1007/978-3-319-18950-5
Hardcover ISBN
978-3-319-18949-9
Series ISSN
2214-6881
Edition Number
1
Number of Pages
XII, 486
Topics