Tabla de Contenidos:
  • Half Title
  • Title Page
  • Copyright Page
  • Contents
  • Abbreviations
  • Notes on Contributors
  • Introduction
  • Chapter 1 The Case of Naït-Liman before the European Court of Human Rights: A Forum Non Conveniens for Asserting the Right of Access to a Court in Relation to Civil Claims for Torture Committed Abroad?
  • 1 Introduction
  • 2 The Facts of the Case and the Object of the Dispute as Delimited by the Grand Chamber
  • 3 The Grounds of the Grand Chamber's Ruling in Light of the Relevant International and National Law and Practice and of the Comparative Law Materials on ucj and fnj
  • 4 The Determination of the Scope of the Margin of Appreciation of the Contracting States in Restricting the Right of Access to a Court through the Lens of International Customary and Treaty Law on ucj and fnj
  • 5 The Assessment of the Proportionality of the Restriction on the Right of Access to a Court in Light of the Wide Margin of Appreciation Enjoyed by States Due to the Lack of International Obligations on ucj or fnj
  • 6 The Impairment of the 'Very Essence' of the Right of Access to a Court and the Obligation of Contracting States to Prevent a Denial of Justice for Torture-related Claims
  • 7 Concluding Remarks: the ECtHR as a 'forum non conveniens' for Addressing the Issue of ucj under Article 6 echr and the Option of the Procedural Obligations under Article 3 echr
  • Bibliography
  • Chapter 2 The Role of the European Court of Human Rights in the Development of Rules on Universal Civil Jurisdiction: Naït-Liman v Switzerland in the Transition between the Chamber and the Grand Chamber
  • 1 Introduction
  • 2 The Systemic Role of International Judicial Institutions
  • 3 On the Importance of Reasoning
  • 4 On Whether Limitations to the Exercise of Civil Jurisdiction Pursue Legitimate 'Lawful Aims': the Exercise of Civil Jurisdiction as a Form of Unlawful Interference in Other States' Domestic Affairs?
  • 5 Conclusions: the Function of International Tribunals and the Limits of 'Judicial Creativity'
  • Bibliography
  • Chapter 3 Interpretation of the European Convention on Human Rights: Lessons from the Naït-Liman Case
  • 1 Introduction
  • 2 The Classic Rule of Treaty Interpretation as Reflected in the vclt
  • 3 Special Character of Human Rights Treaties?
  • 4 vclt and the European Court of Human Rights
  • 4.1 Generally
  • 4.2 The Golder Case
  • 5 The Naït-Liman Cases and Interpretation
  • 6 Conclusions
  • Bibliography
  • Chapter 4 Public International Law Constraints on the Exercise of Adjudicatory Jurisdiction in Civil Matters
  • 1 Introduction
  • 2 The Position of the European Court of Human Rights in Naït-Liman
  • 3 The Fourth Restatement of US Foreign Relations Law: the Contested Absence of Public International Law Constraints
  • 4 The (Potential) Existence of Public International Law Constraints