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

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ASSER
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شابک: ۹۷۸۹۴۶۲۶۵۰۳۱۲

سال چاپ:۲۰۱۴

کد کتاب:247
۳۴۱ صفحه - وزيري (شوميز) - چاپ ۲
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In this book interaction between the rights guaranteed in the European Convention on Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) in Strasbourg and selected national courts. In doing so the book has focused on the impact of the ECHR on all three of the main questions of private international law: jurisdiction, the applicable law and the recognition and enforcement of foreign judgments. First, a concise introduction to both private international law and the ECHR has been provided. Next, an important preliminary question has been answered: what is the meaning of Article 1 ECHR for private international law? Thereafter, the impact of the ECHR on the three main issues of private international law has been examined in depth. It has been demonstrated in this book that the impact of the ECHR on private international law is indeed considerable, and that its impact in some areas of private international law is still somewhat underestimated. This book is based on the research which I mostly carried out at Amsterdam University’s Amsterdam Center for International Law (ACIL) during the period 2008–2013. A small part of the research was carried out at the Swiss Institute for Comparative Law. I would like to thank the staff of the Institute for their hospitality. This research was made possible by the Netherlands Organization for Scientific Research (NWO). It was part of the VICI project on ‘The emerging international constitutional order—the implications of hierarchy in international law for coherence and legitimacy of international decision making.’ I am grateful to Erika de Wet for giving me the opportunity to be a part of this research project, which allowed me to combine two of my favourite subjects of law. An older—and abbreviated—version of chapter 4 of this book is based on a presentation delivered at the Colloquium ‘The Impact of the European Convention on Human Rights on Private International Law’, organized by the University of Amsterdam on 12 November 2010. This presentation was first published in the journal Nederlands Internationaal Privaatrecht (NIPR). My thanks are extended to all the participants at the conference, who provided me with useful commentary.