Resumo

MOSCOSO RESTOVIC, Pía M. INTERPRETATION OF ARTICLE 5.3 OF REGULATION (EC) BRUSSELS I BY THE OBJECTIVES AND PRINCIPLES IN INTERNATIONAL CIVIL JURISDICTION FOR ENVIRONMENTAL DAMAGE. Int. Law: Rev. Colomb. Derecho Int. [online]. 2012, n.20, pp.127-160. ISSN 1692-8156.

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 civilian 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 interpretation 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, usingprinciples andarguments 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 jurisprudence.: Private International Law, International Jurisdiction, Brussels I Regulation, international environmental damage, European Community Law.

Palavras-chave : International civil jurisdiction; favor laesi principle; liability for wrongful acts, harmful event; forum shopping; good faith; European Court of Justice jurisprudence; Competence (Law); Public international law; civil rights (International law); International.

        · resumo em Espanhol     · texto em Espanhol     · Espanhol ( pdf )