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The European Convention on Human Rights as an Instrument of Tort Law (Hardcover)
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The European Convention on Human Rights as an Instrument of Tort Law (Hardcover)
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Tort law and human rights belong to different areas of law, namely
private and public law. Nevertheless, the European Convention on
Human Rights increasingly influences national tort law of signatory
states, both on the vertical level of state liability and on the
horizontal level between private persons.An individual can appeal
to the European Convention on Human Rights in order to challenge
national tort law in two situations: where he is held accountable
under national tort law for exercising his Conventions rights, and
where national law does not provide effective compensation in
accordance with Article 13. The second method is strongly connected
with the practice of the European Court of Human Rights to award
compensations itself on the basis of Article 41. A compensation in
national tort law is considered to be effective according to
Article 13 when it is comparatively in line with the compensations
of the European Court of Human Rights granted on the basis of
Article 41. This raises the important question as to how
compensations under Article 41 are made by the European Court of
Human Rights.The European Convention on Human Rights as an
Instrument of Tort Law examines the entanglement of public and
private and national and transnational law in detail and argues
that while the Court uses a different terminology, it applies
principles that are very similar to those of national tort law and
that the Court has developed a compensatory practice that can be
described as a tort law system.
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