Keywords
Public international law
civil rights (International law)
environmental law
International
International civil jurisdiction
favor lassi principle
liability for wrongful acts
harmful event
forum shopping
good faith
How to Cite
Abstract
This article analyzes Article 5.3 Regulation Brussels I about jurisdiction, recognition and enforcement of judgments in civil and commercial matters, doctrine and jurisprudence. The perspective of the analysis is the case of ci- vilian victim whose damage is associated with an environmental damage. The main problem of civilian victim of environmental damage is to pay the costs of international litigation. This problem occurs with the traditional inter- pretation of Article 5.3 Regulation Brussels I, almost in exclusive advantage for the defendant. Thus, the civilian victims of environmental damage are generally considered “indirect victim”.
This article destroys the classic interpretation, using principles and arguments of Community and Public International Law, and International Human Rights. Finally the European Court of Justice opens a new way of interpretation.
: International civil jurisdiction, favor laesi principle, liability for wrongful acts, harmful event, forum shopping, good faith, European Court of Justice ju- risprudence.: Private International Law, International Jurisdiction, Brussels I Regulation, international environmental damage, European Community Law.
This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
Approving the intervention of the work (review, copy-editing, translation, layout) and the following outreach, are granted through an use license and not through an assignment of rights. This means the journal and Pontificia Universidad Javeriana cannot be held responsible for any ethical malpractice by the authors. As a consequence of the protection granted by the use license, the journal is not required to publish recantations or modify information already published, unless the errata stems from the editorial management process. Publishing contents in this journal does not generate royalties for contributors.