The Impact of the European Convention on Human Rights on Private International Law

ISBN-13: 9789462650312 / Angielski / Twarda / 2014 / 329 str.

Louwrens Rienk Kiestra

Opis

In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. 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.

Spis treści

Introduction.- Introduction to Private International Law.- Introduction to the European Convention on Human Rights.- Article 1 ECHR and Private International Law.- Jurisdiction in Private International Law.- Applicable Law.- The Recognition and Enforcement of Foreign Judgments: The Obligation to Recognize and Enforce Foreign Judgments.- The Recognition and Enforcement of Foreign Judgments: The Invocation of the ECHR against Recognition and Enforcement.- Conclusions.

Blurb

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