Chapter 8 The Law Applicable to the Civil Consequences of Human Rights Violations Committed Abroad

In: Universal Civil Jurisdiction
Author:
Patrick Kinsch
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Abstract

When evaluating the chances of bringing a compensation claim abroad for human rights violations, one always addresses adjudicatory jurisdiction concerns. However, the issue of the law applicable is not less important and just as likely to determine the outcome of a case as the jurisdictional title resorted to. Though one may be tempted to infer that a claim based on universal civil jurisdiction should be governed by international law, this is not necessarily the case, or, better said, this may not be the case with reference to each and every aspect of the dispute. Both the legal order of the forum and the legal order of the State where the violation occurred may very well have a role to play.

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