Giacomo Biagioni

Article 6 of the Institute of International Law Resolution on Human Rights and Private International Law: The Right to a Fair Hearing

  • Abstract

Informations and abstract

Keywords: fair hearing; civil procedure; judicial cooperation; reasonable delay; conflicting rights; cross-border cases.

Article 6 of the Resolution is devoted to the impact of the right to a fair hearing on the civil proceed-ings having a cross-border dimension. The provision clarifies that the implementation of domestic rules concerning civil procedure has to be consistent with the requirements inherent to the right to a fair trial, especially in order to prevent discrimination between the parties. The same need arises when international or supra-national rules on private international law and international civil procedure are at stake, even though the provision also underlines the crucial role of international judicial coop-eration for the protection of the interests of the parties

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