The impact of the ECHR on private international law
Promovendus: Mr. L.R. Kiestra
Promotor: Mw. Prof.Dr. E. de Wet
Duur: 10/2/2008 - 9/2/2012
Promotie: Amsterdam, 2/7/2013
The PhD project will examine the impact of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention or ECHR) on the system of private international law. A certain tension can be found between the private international law regimes of States and the responsibilities of these States under the Convention. Not only the rules of jurisdiction and choice-of-law rules of a State and their application, but also the application of a foreign law or the enforcement of a foreign judgment could for example result in a violation of a right which is guaranteed under the Convention. The private international law regime has been set up in order to determine a jurisdiction, the application of a law (either a foreign law or the lex fori) and the recognition of foreign judgments. Too much emphasis on the human rights aspects would violate the objectives of the private international law system. On the other hand, too little emphasis on human rights concerns could trigger State responsibility under the Convention. This tension necessitates an analysis of the long-term impact of the emerging human rights hierarchy in the area of private international law.
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