Chapter

European Civil Procedure and Public International Law

Burkhard Hess

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588817.003.0059
European Civil Procedure and Public International Law

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This chapter focuses not only on European civil procedural law, but it also explores its relations with public international law. This explains rests on the following observations. On the one hand, European procedural law has largely shifted away from the traditional concepts of international law relating to cross-border litigation (especially in the field of judicial assistance). However, there are still some areas in civil litigation where the traditional concepts of public international law are fully applied. On the other hand, European civil procedural law attracts ‘political litigation’ which was traditionally barred by concepts like State and diplomatic immunity, public policy, and the political question doctrine. As these concepts have been — at least partly — modified in the European Judicial Area, litigants are engaging in ‘borderline cases’ seeking redress in situations traditionally precluded by public international law. Against this background, the chapter explores whether European procedural law offers new prospects for the private enforcement of human rights.

Keywords: European civil procedural law; public international law; human rights; civil litigation; human rights

Chapter.  6188 words. 

Subjects: Public International Law

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