History of the Brussels Convention

1976 ◽  
pp. 3-7 ◽  
Author(s):  
Malcolm Alistair Clarke
2007 ◽  
Vol 8 (4) ◽  
pp. 417-442 ◽  
Author(s):  
Veronika Gärtner

On 15 February 2007, the European Court of Justice delivered its judgment in the case Lechouritou and others v. the State of the Federal Republic of Germany. The case concerned the question whether compensation for acts perpetrated by armed forces in the course of warfare can be asserted on the basis of the jurisdictional rules provided for by the Brussels Convention. The Court held that such an action did not fall within the scope of the Convention since it could, due to its origin in sovereign acts, not be regarded as a civil matter in terms of Art. 1 Brussels Convention. Thus, jurisdiction for claims directed at the compensation for damages resulting from the exercise of public power cannot be based on the Brussels Convention. The analysis of the Court's ruling will proceed as follows: First, the history of the case as well as the essence of the judgment will be presented (infra B) before giving a review on the Court's previous case law on the concept of “civil matters” (infra C). This outline will be followed by an analysis and a classification of the ruling in the Court's jurisprudence (infra D), before eventually the results will be summarized (infra E).


1959 ◽  
Vol 9 ◽  
pp. 51-79
Author(s):  
K. Edwards

During the last twenty or twenty-five years medieval historians have been much interested in the composition of the English episcopate. A number of studies of it have been published on periods ranging from the eleventh to the fifteenth and early sixteenth centuries. A further paper might well seem superfluous. My reason for offering one is that most previous writers have concentrated on analysing the professional circles from which the bishops were drawn, and suggesting the influences which their early careers as royal clerks, university masters and students, secular or regular clergy, may have had on their later work as bishops. They have shown comparatively little interest in their social background and provenance, except for those bishops who belonged to magnate families. Some years ago, when working on the political activities of Edward II's bishops, it seemed to me that social origins, family connexions and provenance might in a number of cases have had at least as much influence on a bishop's attitude to politics as his early career. I there fore collected information about the origins and provenance of these bishops. I now think that a rather more careful and complete study of this subject might throw further light not only on the political history of the reign, but on other problems connected with the character and work of the English episcopate. There is a general impression that in England in the later middle ages the bishops' ties with their dioceses were becoming less close, and that they were normally spending less time in diocesan work than their predecessors in the thirteenth century.


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