New Publication: Tort Law in the Jurisprudence of the European Court of Human Rights

The Institute for European Tort Law of the Austrian Academy of Sciences (ETL) supported by the European Centre of Tort and Insurance Law embarked in 2009 on a project dealing with Human Rights and Tort Law. The goal of this project was to provide a general overview and thorough analysis of how the European Court of Human Rights (ECtHR) deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, the compensation of pecuniary and non-pecuniary loss, non-compensatory remedies, reduction of damages due to contributory negligence and reduction clauses - namely when applying Article 41 of the Convention on Human Rights (ECHR).

These issues are examined on the basis of a comprehensive selection and detailed analysis of the Court's judgments and compared with general principles of EC Tort Law, the Principles of European Tort Law as well as the national tort law systems of Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavian Countries, Spain, Switzerland and Turkey. The study also contains five special reports on the following topics: 'Methodological Approaches to the Tort Law of the ECHR' (written by Prof. Dr. Dr. h.c. mult. Franz Bydlinski, em. Vienna University), 'Human Rights and Tort Law' (by Prof. Dr. Walter Berka, Salzburg University), 'Just Satisfaction’ in Art 41 ECHR and Public International Law – Issues of Interpretation and Review of International Materials' (by Prof. Dr. Wolfram Karl, Salzburg University), 'Just Satisfaction under Art 41 ECHR: A Compromise in 1950 – Problematic Now' (by DDr. Elisabeth Steiner, Austrian Judge at the ECtHR in Strasbourg) and 'Can the Reparation Awarded to Victims of Violations under the ECHR be Considered as Real ‘Just’ Satisfaction?' (by Prof. Dr. Dr. h.c. Michel de Salvia, Professor at Cattolica del Sacro Cuore University, Milan, Vice-President of the International Institute of Human Rights in Strasbourg and former Registrar and Jurisconsult at the ECtHR) (the contributions by Prof. Bydlinski and Prof. Berka are also be published in German). Concluding remarks are also included.


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