Autore: Vardi, Noah
Titolo: Unjust Enrichment in Recent So-called "Human Rights Litigation"
Periodico: Osservatorio del diritto civile e commerciale
Anno: 2012 - Fascicolo: 1 - Pagina iniziale: 159

The use of law and of legal instruments as a means to try and offer reparation forhistorical wrongs and to pursue «historical justice» is not an unknown phenomenon. Thispaper would like to focus on a specific case study, relating to the use of a typical institute ofprivate law (unjust enrichment) in so-called «human rights litigation», where the commonfeature is that civil claims based on either alleged tort, breach of contract and/or unjust enrichmentalso constitute a violation of human rights to the detriment of the plaintiffs, thusoffering an interesting intersection of different branches of law. A closer examination of thereferences to «unjust enrichment» in the human rights litigation however seems to suggestthat what is being recalled is not the technical (and disciplined by national laws) institute ofunjust enrichment, but rather a trans-national and general action, which is closer to tort thanit is to contract (given the tie with instances of international law and war crimes). This paperseeks to identify where and how the reference to «unjust enrichment» becomes relevant andwhat its significance is within the framework of this specific litigation.




SICI: 2281-2628(2012)1<159:UEIRS">2.0.ZU;2-B
Testo completo: http://www.rivisteweb.it/download/article/10.4478/38414
Testo completo alternativo: http://www.rivisteweb.it/doi/10.4478/38414

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