MEĐUNARODNA NADLEŽNOST SUDOVA U PREDMETIMA KLEVETE
INTERNATIONAL JURISDICTION OF THE COURTS IN DEFAMATION CASES

Summary/Abstract: The paper seeks to provide an analysis of the applicable rules of the international jurisdiction of courts in disputes arising out of violations of individual rights due to acts of defamation set-out in European Union law, with a brief overview of the Law on Resolving Conflicts of Law With Regulations of Other Countries governing this area in Bosnia and Herzegovina. After having described what defamation is, it is necessary to analyze the provisions of Regulation (EC) no. 864/2007 on Jurisdiction, Recognition and Enforcement of Foreign Judgments (Brussels Regulation I Recast). The caselaw jurisprudence developed by the Court of Justice of the European Union on the subject of defamation is also significant to understand. The paper also provides a brief overview of the pertinent legal provisions on international jurisdiction in the law of Bosnia and Herzegovina. The Law on Resolving Conflicts of Law and the Brussels I Recast are based on the general jurisdiction of the court according to the place of residence of the defendant. However, the Regulation also prescribes rules on special jurisdiction that can be established on several grounds, including cases of torts and quasitorts. In that sense, the practice of the Court of Justice of the European Union in determining the jurisdiction in defamation cases has given rise to the principle of mosaic and the principle of center of interest, which will be particularly discussed in the paper.

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