DAMAGES FOR VIOLATIONS OF HUMAN RIGHTS
10,359.26₹ 12,949.00₹
- Author: EWA BAGINSKA
- ISBN: 9783319189499
- Availability: In Stock
Buy DAMAGES FOR VIOLATIONS OF HUMAN RIGHTS | Law Books , FOREIGN BOOKS
This
volume analyses the legal grounds, premises and extent of pecuniary
compensation for violations of human rights in national legal systems. The
scope of comparison includes liability regimes in general and in detail, the
correlation between pecuniary remedies available under international law and under
domestic law, and special (alternative) compensation systems. All sources of
human rights violations are embraced, including historical injustices and
systematical and gross violations.
The book is a collection of
nineteen contributions written by public international law, international human
rights and private law experts, covering fifteen European jurisdictions
(including Central and Eastern Europe), the United States, Israel and EU law.
The contributions, initially prepared for the 19th International
Congress of Comparative law in Vienna (2014), present the latest developments
in legislation, scholarship and case-law concerning domestic causes of action
in cases of human rights abuses. The book concludes with a comparative report
which assesses the developments in tort law and public liability law, the role
of the constitutionalisation of the right to damages as well as the court
practice related to the process of enforcement of human rights through monetary
remedies. This country-by-country comparison allows to consider whether the
value of protection of human rights as expressed in international
treaties, ius cogens and
in national constitutional laws justifies the conclusion that the interests at
stake should enjoy protection under the existing civil liability rules, or that
a new cause of action, or even a whole new set of rules, should be created in
national systems.