Lycette Corbion

Bio: Lycette Corbion is an academic researcher. The author has an hindex of 1, co-authored 1 publications receiving 84 citations.

Protection against Arbitrary or Discriminatory Measures

Abstract: The precise wording varies between “arbitrary or discriminatory”, “unjustified or discriminatory” and “unreasonable or discriminatory”. Article 10(1) of the Energy Charter Treaty refers to “unreasonable or discriminatory measures”. There does not appear to be a relevant distinction between the terms “arbitrary”, “unjustified” and “unreasonable” in this context. Rather, the terms seem to be used synonymously.

The Impact of the ECHR on Private International Law: An Analysis of Strasbourg and Selected National Case Law

Abstract: In this research the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analyzed by examining the case law of the European Court of Human Rights (the Court) in Strasbourg and selected national courts. In doing so the study has focused on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law, and the recognition and enforcement of foreign judgments. The conclusion of this research is that the rights guaranteed in the ECHR have a considerable impact on all three main questions of private international law. Even though the Court’s case law on this topic remains somewhat limited, it is clear that private international law is not immune to the impact of the rights guaranteed in the ECHR. It is quite conceivable that some aspects of the private international law regimes of Contracting Parties should be adapted to some extent in order for the Contracting Parties to fulfill their obligations under the ECHR.