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Human Rights and the Protection of Privacy in Tort Law - A Comparison between English and German Law (Paperback)
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Human Rights and the Protection of Privacy in Tort Law - A Comparison between English and German Law (Paperback)
Series: UT Austin Studies in Foreign and Transnational Law
Expected to ship within 12 - 17 working days
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In its case law, the European Court of Human Rights has
acknowledged that national courts are bound to give effect to
Article 8 of the European Convention of Human Rights (ECHR) which
sets out the right to private and family life, when they rule on
controversies between private individuals. Article 8 of the ECHR
has thus been accorded mittelbare Drittwirkung or indirect
'third-party' effect in private law relationships. The German law
of privacy, centring on the "allgemeines Persoenlichkeitsrecht",
has quite a long history, and the influence of the European Court
of Human Rights' interpretation of the ECHR has led to a
strengthening of privacy protection in the German law. This book
considers how English courts could possibly use and adapt
structures adopted by the German legal order in response to rulings
from the European Court of Human Rights, to strengthen the
protection of privacy in the private sphere.
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