Thursday, October 22, 2020

Forlati & Franzina: Universal Civil Jurisdiction: Which Way Forward?

Serena Forlati
(Univ. of Ferrara - Law) & Pietro Franzina (Catholic Univ. of the Sacred Heart - Law) have published Universal Civil Jurisdiction: Which Way Forward? (Brill | Nijhoff 2021). The table of contents is here. Here's the abstract::
Enabling the victims of international crimes to obtain reparation is crucial to fighting impunity. In Universal Civil Jurisdiction – Which Way Forward? experts of public and private international law discuss one of the key challenges that victims face, namely access to justice. Civil courts in the country where the crime was committed may be biased, or otherwise unwilling or unable to hear the case. Are the courts of other countries permitted, or required, to rule on the victim’s claim? Trends at the international and the domestic level after the Naït-Liman judgment of the European Court of Human Rights offer a nuanced answer, suggesting that civil jurisdiction is not only concerned with sovereignty, but is also a tool for the governance of global problems.