5.00 credits
30.0 h
Q2
Teacher(s)
Francq Stéphanie;
Language
French
Main themes
The course focuses on the influence of fundamental rights on private international law in Europe. It analyses the impact of the European Convention on Human Rights and of the EC Treaty on private international law
Content
The class explores the interactions between private international law and fundamental rights. An important part of the course is devoted to the following question: can private international law support and enhance the protection of fundamental rights?
In this context, the analysis of various practical situations, in particular strategic litigations, enables us to reflect on the role of private international law in the contemporary world. The class covers (actual or potential) infringements of fundamental rights committed by States (or agents of the State) in private situations, as well as infringements committed by other private parties, in particular transnational companies. The course may, for example, cover the international implementation of corporate duty of care, the compensation for damage suffered by individuals or the environment as a result of the activities of transnational companies, the possibilities for protecting privacy or the right to information in an international environment, the protection of vulnerable persons in an international context, the recognition of marriages of minors celebrated abroad, the displacement of homoparental families, or of families having had recourse to surrogate motherhood.
All these situations are analyzed in the light of current rules of private international law and their interaction with the rules of protection of fundamental rights. The course deals with practical situations and litigations, that are questioned in the light of critical approaches of law (CLS, feminist or post-colonial approaches …).
In this context, the analysis of various practical situations, in particular strategic litigations, enables us to reflect on the role of private international law in the contemporary world. The class covers (actual or potential) infringements of fundamental rights committed by States (or agents of the State) in private situations, as well as infringements committed by other private parties, in particular transnational companies. The course may, for example, cover the international implementation of corporate duty of care, the compensation for damage suffered by individuals or the environment as a result of the activities of transnational companies, the possibilities for protecting privacy or the right to information in an international environment, the protection of vulnerable persons in an international context, the recognition of marriages of minors celebrated abroad, the displacement of homoparental families, or of families having had recourse to surrogate motherhood.
All these situations are analyzed in the light of current rules of private international law and their interaction with the rules of protection of fundamental rights. The course deals with practical situations and litigations, that are questioned in the light of critical approaches of law (CLS, feminist or post-colonial approaches …).
Teaching methods
The interactive classes are based on the anlysis and discussion of various documents (mainly case-law) posted on the Moodle website.
Participants will be asked to prepare before the classes and to engage in the discussion, as well as to present some aspects of the materials.
The presence and active participation in class is requested.
Participants will be asked to prepare before the classes and to engage in the discussion, as well as to present some aspects of the materials.
The presence and active participation in class is requested.
Evaluation methods
The final note attributed to students will be based on two exercices: the participation in class (and at least one presentation) and a written examen at the end of the semester.
Other information
The general course of private international law is a prerequisite.
A passive command of English is necessary for readings and attending some sessions.
A passive command of English is necessary for readings and attending some sessions.
Online resources
The readings (case law and legal scholarship) are posted on the Moodle website.
Faculty or entity
BUDR
