The impact of the ECHR on private international law: An analysis of Strasbourg and selected national case law

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.