Jump to ContentJump to Main Navigation
From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
Users without a subscription are not able to see the full content.

Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 December 2021

European Civil Procedure and Public International Law

European Civil Procedure and Public International Law

(p.932) European Civil Procedure and Public International Law
From Bilateralism to Community Interest

Burkhard Hess

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .