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Conflict Of Laws In The European Community
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Book Synopsis Conflict of Laws in the European Community by : Dominik Lasok
Download or read book Conflict of Laws in the European Community written by Dominik Lasok and published by MICHIE. This book was released on 1987 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monograph examining the basis of the Community conflicts system and evaluating the developments to date. The text of the Convention on Jurisdiction and the enforcement of judgements in civil and commercial matters is appended.
Book Synopsis Conflict of Laws and European Community by : I. F. Fletcher
Download or read book Conflict of Laws and European Community written by I. F. Fletcher and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Relationship Between European Community Law and National Law by : Andrew Oppenheimer
Download or read book The Relationship Between European Community Law and National Law written by Andrew Oppenheimer and published by Cambridge University Press. This book was released on 1994-10-27 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive collection of court decisions dealing exclusively with the relationship between European Community law and the national laws of the Member States. It contains 90 decisions given between 1962 and 1993 by both the Community's Court of Justice (20 cases) and the courts of the 12 Member States (70 cases). The volume includes the recent decisions of national courts concerning the Maastricht Treaty. Key recurring topics of the decisions are the supremacy and direct effect of Community law, its impact on national sovereignty and constitutional rights, and the remedies available before national courts for its enforcement. All the texts are presented in English, having been translated wherever necessary. Each decision is preceded by a concise summary and key-word heading. The volume also includes a systematic introduction, digest of key-word headings, table of cases, and detailed index.
Book Synopsis Conflict of Laws and European Community Law by : Ian F. Fletcher
Download or read book Conflict of Laws and European Community Law written by Ian F. Fletcher and published by North Holland. This book was released on 1982 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Conflict of Laws in Western Europe by : Mathias Reimann
Download or read book Conflict of Laws in Western Europe written by Mathias Reimann and published by Hotei Publishing. This book was released on 1995 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intended to acquaint American readers with a general structure of conflicts problems on the other side of the Atlantic ... the book succeeds wonderfully. American Journal of Comparative Law, Vol. 44, No. 2 [F]ills a real need for the practicing legal community as well as for those with an academic interest in this fascinating & increasingly important field. Canadian Yearbook of Int'l Law, 1995 This informative work introduces the conflict of laws in Western Europe to the American scholar & practitioner. It describes the field as a whole, explains the underlying issues, & notes the idiosyncrasies that create stumbling blocks in the successful resolution of business transactions & other legal matters. An essential reference for the modern lawyer.
Book Synopsis Development of Judicial Control of the European Communities by : Gerhard Bebr
Download or read book Development of Judicial Control of the European Communities written by Gerhard Bebr and published by Springer. This book was released on 2013-12-01 with total page 826 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of the judicial control of the European Communities is perhaps best illustrated by comparing the first decision the Court of Justice rendered in December 1954, under the ECSC Treaty, with its preliminary rulings van Gend & Loos (1962), ENEL (1964) and Simmenthal II (1978) rendered under the EEC Treaty. In the first case the Court quashed a decision of the High Authority impugned by an annulment action of a Member State for an illegal exercise of Community powers - a judicial control which at the time already represented a spectacular legal in novation introduced by the ECSC Treaty. At that time the Court was, for evident reasons, still reserved as to its role within the unprecedented institutional structure of the Community. In van Gend, ENEL and Simmenthal II, on the other hand, the Court resolutely pursued a judicial policy intended to ensure an effective operation of the Community legal order, a problem hardly envisaged in 1954. In these rulings the Court characterized the emerging legal order and stated its fundamental and indispensable requirements: the unlimited supremacy of Community law and its direct effect. The development of a superior and autonomous Community legal order was finally completed by the Court's recognition of fundamental Communiry rights of individuals. This development from an initially reserved stand of the Court searching for its proper role and its potentialities to a bold and determined judicial policy is truly remarkable.
Book Synopsis Enforcement of International Contracts in the European Union by : Johan Meeusen
Download or read book Enforcement of International Contracts in the European Union written by Johan Meeusen and published by Intersentia nv. This book was released on 2004 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The enforcement of international contracts in the European Union is increasingly dependent on Community (rather than national) private international law. This book examines the present status and future prospects of Community private international law in the contractual area. It focuses in particular upon the joint analysis of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (which is likely to be converted in the near future into the Rome I-regulation) and the Brussels I-regulation. Rather than attempting a comprehensive study of Brussels I and Rome I, this book examines a number of key issues considered particularly pertinent from the point of view of the coherence between both instruments. This approach should contribute to the consistency of Community policy-making and legislation in the field of international contracts, to the benefit of market participants. This book is the culmination of a research project funded by the European Commission (DG Justice and Home Affairs, Framework programme for judicial co-operation in civil matters) and co-ordinated by the University of Antwerp Belgium. Eminent European experts have contributed to the book which should prove of interest to law makers, academics and practitioners concerned with the enforcement of contracts in a cross-border context.
Book Synopsis Cases and Materials on EU Private International Law by : Stefania Bariatti
Download or read book Cases and Materials on EU Private International Law written by Stefania Bariatti and published by Bloomsbury Publishing. This book was released on 2011-04-13 with total page 1676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments. This title is included in Bloomsbury Professional's International Arbitration online service.
Book Synopsis General Principles of European Private International Law by : Stefan Leible
Download or read book General Principles of European Private International Law written by Stefan Leible and published by Kluwer Law International B.V.. This book was released on 2016-02-22 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.
Book Synopsis The European Union and Conflict Prevention by : Vincent Kronenberger
Download or read book The European Union and Conflict Prevention written by Vincent Kronenberger and published by T.M.C. Asser Press. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2001, the prevention of violent conflicts has turned into a priority of the European Union's external policy. In addition to new operational competences developed under the Common Foreign and Security Policy, the European Union is particularly suited to combating the root causes of conflicts spreading throughout the world. It is noteworthy that the Treaty establishing a Constitution for Europe, signed in Rome on 29 October 2004, proposes to insert the prevention of conflicts in the Constitution. In 25 original essays written by both practitioners and scholars from European institutions, international organisations, universities and NGOs, this book proposes to explore and scrutinize the progress achieved by the European Union in the definition of a concrete conflict prevention strategy, as well as the challenges it still faces. In particular, the book dwells on the following issues: the definition of and indicators for conflict prevention; institutional and financial dimensions of conflict prevention; EU instruments for the prevention of violent conflicts; structural conflict prevention and the mainstreaming of conflict prevention into EU policies; and cooperation with other international organisations and other actors, such as NGOs and the private sector.
Book Synopsis EU Law and Private International Law by : Jan-Jaap Kuipers
Download or read book EU Law and Private International Law written by Jan-Jaap Kuipers and published by Martinus Nijhoff Publishers. This book was released on 2011-11-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
Book Synopsis Treaty Conflict and the European Union by : Jan Klabbers
Download or read book Treaty Conflict and the European Union written by Jan Klabbers and published by Cambridge University Press. This book was released on 2009 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.
Download or read book EU-PIL written by Joseph M. Lookofsky and published by . This book was released on 2009 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constructing Legal Systems: "European Union" in Legal Theory by : N. MacCormick
Download or read book Constructing Legal Systems: "European Union" in Legal Theory written by N. MacCormick and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal theory has been much occupied with understanding legal systems and analysing the concept of legal system. This has usually been done on the tacit or explicit assumption that legal systems and states are co-terminous. But since the Rome Treaty there has grown up in Europe a `new legal order', neither national law nor international law, and under its sway older conceptions of state sovereignty have been rendered obsolete. At the same time, it has been doubted whether the `European Union' that has grown out of the original `European Communities' has a satisfactory constitution or any constitution at all. What kind of legal and political entity is this `Union' and how does it relate juridically and politically to its member states? Further, the activity of construing or constructing `legal system' and legal knowledge becomes visibly problematic in this context. These essays wrestle with the above problems.
Book Synopsis Harmonization of Laws in the European Communities by : Peter E. Herzog
Download or read book Harmonization of Laws in the European Communities written by Peter E. Herzog and published by . This book was released on 1983 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Statutes on the Conflict of Laws by : Martin P George
Download or read book Statutes on the Conflict of Laws written by Martin P George and published by Bloomsbury Publishing. This book was released on 2015-10-08 with total page 979 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutes on the Conflict of Laws provides students with the principal, current EU and UK legislation encountered in the study of private international law in one clear and easy-to-use volume. The legislation is not annotated, enabling the book to be used in examinations. It has been structured and designed so that students can find the material they need quickly and efficiently, with a table of contents organised chronologically by source type, and alphabetical index.
Book Synopsis The European Union and Human Rights by : Nanette A. Neuwahl
Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:
