Damages and Human Rights

Jason NE Varuhas is a Professor of Law at the University of Melbourne. He is also an Associate Fellow of the University of Cambridge Centre for Public Law. He was formerly Senior Lecturer, University of New South Wales, Junior Research Fellow, Christ's College and Affiliated Lecturer, Faculty of Law, University of Cambridge. He has published widely in the fields of public law, tort law and remedies, and his work has been cited by courts in the UK, Australia and New Zealand. His book Damages and Human Rights (Hart 2016) was awarded the 2016 UK Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.

Public lawyers and private lawyers (if that distinction has real meaning), human-rights lawyers and legal theorists, and everyone with an interest in having a principled regime for making ubi ius, ibi remedium a practical reality, will find much food for thought in the book; even those who reject the conclusions will benefit from having to confront the manifest strengths of the argument. The book will quickly become the standard point of reference in its field. It is a pleasure to congratulate Dr Varuhas on this sustained, intellectually powerful and practically important piece of legal scholarship, and to commend it to the many readers, in many parts of the world, where it will, I hope, stimulate new approaches to the practice and theory of the subject.

• 1. Introduction Part 1: A Tort-Based Approach to Damages for Human Rights Breaches2. The Tort Framework 3. A Tort-Based Approach to Human Rights Damages Part 2: Human Rights Damages and the Public Law – Private Law Distinction4. The Public Law – Private Law Distinction SECTION 1. THE PUBLIC LAW – PRIVATE LAW DISTINCTION AS A TOOL FOR LEGAL DEVELOPMENT SECTION 2. THE PUBLIC LAW – PRIVATE LAW DISTINCTION AND HUMAN RIGHTS DAMAGES Part 3: Alternative Approaches to Damages for Human Rights Breaches5. Human Rights Damages and ‘Just Satisfaction’ :SECTION 1. THE TERMS OF THE HRASECTION 2. THE SUPRANATIONAL DIMENSIONSECTION 3. THE METHODOLOGY OF THE MIRROR APPROACH SECTION 4. THE FUTURE OF THE MIRROR APPROACH POST- FAULKNER SECTION 5. OVERVIEW 6. Interest-Balancing Approaches SECTION 1: DOCTRINAL ANALYSIS OF THE INTEREST-BALANCING APPROACH SECTION 2: NORMATIVE ANALYSIS OF THE INTEREST-BALANCING APPROACH SECTION 3. CONCLUSIONS 7. Other Methods of Limiting Human Rights Damages 8. Conclusion