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The Horizontal Effect of International Human Rights Law in Practice

A Comparative Analysis of the General Comments and Jurisprudence of Selected United Nations Human Rights Treaty Monitoring Bodies

Lottie Lane

through the international legal framework, or whether non-legal approaches would better protect individuals. In other words, do we need to look beyond the current (albeit still developing) legal framework to achieve de facto horizontal effect? In order to answer this question, it is necessary to have a

Aurelia Colombi Ciacchi

The recent Egenberger judgment of the CJEU 1 can be seen as a milestone in the European debate on the horizontal effect of fundamental rights. This decision established, with beautiful clarity, two principles (among others): Firstly, the prohibition of discrimination laid down in

Baetens, Freya

Editor: Académie de droit international de La Haye. Brill | Nijhoff, Leiden | Boston, 2015. Chapter sections: Section 1. Introductionpp. 219-221Section 2. Horizontal effect or drittwirkungpp. 221-239Section 3. Evaluation of international rules addressing private discrimination against migrant workerspp

The Impact of Public Law Norms on Private Law Relationships

Horizontal Effect in German, English, echr and eu Law

Justin Friedrich Krahé

Introduction To this day, the capacity of public law norms to affect the relationships between private individuals, commonly known as horizontal effect, remains an unclear and inconsistent field of law. No universally accepted theory has so far emerged, and consequently, academics and judges

Henrik Lind

benefit of financial resources from both parent companies, the so-called deep pocket effect, which may prevent smaller firms from ente- ring the market in the future. Consequently, the joint venture may reduce the present com- petitors' willingness to make agressive competition, since potential

Hari M. Osofsky

This article analyses the ongoing role of climate change litigation as part of transnational efforts to address the problem. The article begins by examining the impacts of the litigation thus far, and mapping its ongoing role. It considers the litigation’s effect on governmental regulatory decision-making, corporate behavior, and public understanding of the problem. The article then builds upon this examination by exploring climate litigation’s influence upon particular actors at different levels of government over time. It argues that climate change litigation provides a valuable complement to other law and policy efforts because it fosters needed interaction across levels of government and different time periods. The article next engages these scalar dynamics more deeply through a diagonal federalism approach, which focuses on the disputes’ simultaneous vertical and horizontal elements. It applies a taxonomy of diagonal regulatory approaches to two examples of climate change litigation stemming from the US Clean Air Act, and considers the implications of that analysis for understanding the cases’ regulatory role. The article concludes by reflecting upon the continuing importance of this litigation in influencing the behavior of key public and private actors.

Aurelia Colombi Ciacchi and Sjef van Erp

rights, fundamental rights, and fundamental market freedoms of the European Union, to private relationships. Krahé explores this subject – known as the ‘horizontal effect’ of human rights, fundamental rights and fundamental freedoms – comparing two national and two supranational legal systems: German and

Aurelia Colombi Ciacchi

analyses how and to what extent international human rights have had some kind of horizontal effect on non-State actors in the general comments and jurisprudence of five United Nations human rights treaty monitoring bodies. 1 It compares the different ways in which the five monitoring bodies deal with

Volume 5, No. 1 Editorial Human Rights, Comparative Law and Global Governance  1 Aurelia Colombi Ciacchi Articles The Horizontal Effect of International Human Rights Law in Practice: A Comparative Analysis of the General Comments and Jurisprudence of Selected United Nations Human Rights

AUGUST REINISCH

accord direct effect to directives, this serves as the background to show how broadly EC law has already entered into the scope of national law and required changes in order to make private rights "real and effective". Pertinent questions concerning, among others, the limit of horizontal direct effect