000			03120cam a2200397Mi 4500
001			on1246233122
003			TZ-ArACH
005			20220318160545.0
006			m o d
007			cr |||||||||||
008			190102s2018 enk ob 001 0 eng d
020			_a9781780688046 _qelectronic bk
020			_a1780688040
020			_z9781780686837 (hardback)
035			_a(OCoLC)1246233122
040			_aAUD _beng _erda _cTZ-ArACH _dOCLCO _dK6U _dOCLCF
043			_ae------
049			_aTZAA
050		4	_aKJC1640 _b.S66 2018
100	1		_aSomers, Stefan, _eauthor.
245	1	4	_aThe European Convention on Human Rights as an instrument of tort law _h[Electronic book] / _cStefan Somers.
256			_aElectronic book.
260			_aCambridge ; _aChicago : _bIntersentia, _c2018.
300			_axlvi, 325 pages _c24 cm.
500			_aTitle from publisher's bibliographic system (viewed on 18 Feb 2019).
504			_aBibliography.
520			_aTort 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. Stefan Somers is a professor at the Free University of Brussels (VUB) where he lectures on the law of obligations. He is also a trainee judge and prosecutor at the Court of First Instance and the Commercial Court, Antwerp.
650		0	_aTorts _zEurope.
650		0	_aLiability (Law) _zEurope.
650		7	_aLiability (Law) _2fast
650		7	_aTorts. _2fast _98367
651		7	_aEurope. _2fast
776	0	8	_iPrint version: _z9781780686837
856	4	0	_uhttp://ezproxy.st-andrews.ac.uk/login?url=https://doi.org/10.1017/9781780688046 _zConnect to e-book (CUP Collection purchased by the Library until 31st July 2021)
942			_2lcc _cBOOK
999			_c6519 _d6519