The Impact of the European Convention on Human Rights on Private International Law
Kiestra, Louwrens Rienk
2014, XI, 329 p.
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A unique collection and description of relevant case-law of the ECtHR in the area of Private International law (PIL)
A thorough examination of the role of Art 1 ECHR in issues of PIL
Basic information about both the ECHR and the relevant three topics in PIL
The focus of the present book is the impact of the European Convention on Human Rights (ECHR) on the three main topics of private international law (PIL): jurisdiction, applicable law, and the recognition and enforcement of foreign judgments.
The author sets off with a discussion whether the ECHR is at all applicable to issues of PIL and the relationship between Article 1 of the Convention and PIL. He then examines the case law of the European Court of Human Rights and selected national courts and by doing so thoroughly maps the interaction between PIL and the rights guaranteed in the ECHR. On this wealth of information the author bases his final conclusions.
Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.
Louwrens Kiestra presently works for the District Court Limburg, The Netherlands
Content Level »Research
Keywords »Applicable law in PIL - European Convention on Human Rights - Jurisdiction in PIL - Private International Law - Recognition and Enforcement Foreign Judgments