Cuadernos De Derecho Transnacional

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The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law

Author : María Campo Comba
Publisher : Springer Nature
ISBN 13 : 3030614816
Total Pages : 380 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law by : María Campo Comba

Download or read book The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law written by María Campo Comba and published by Springer Nature. This book was released on 2020-12-07 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.

Research Handbook on International Family Law

Author : Janeen M. Carruthers
Publisher : Edward Elgar Publishing
ISBN 13 : 1802207422
Total Pages : 415 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Research Handbook on International Family Law by : Janeen M. Carruthers

Download or read book Research Handbook on International Family Law written by Janeen M. Carruthers and published by Edward Elgar Publishing. This book was released on 2024-06-05 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on International Family Law brings together a carefully selected array of experts to address legal topics pertaining to family relationships in a cross-border context, and international family law disputes. It shows how this independent field of study has developed, and continues to develop, and adeptly surveys the practice and regulation of international family law.

The Rome III Regulation

Author : Sabine Corneloup
Publisher : Edward Elgar Publishing
ISBN 13 : 1788975782
Total Pages : 396 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis The Rome III Regulation by : Sabine Corneloup

Download or read book The Rome III Regulation written by Sabine Corneloup and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Commentary provides an in-depth, article-by-article analysis of the Rome III Regulation, the uniform rules adopted by the EU to determine the law applicable to cross-border divorce and legal separation. Written by a team of renowned experts, private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference.

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea

Author : Jonatan Echebarria Fernández
Publisher : Taylor & Francis
ISBN 13 : 1000297497
Total Pages : 160 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea by : Jonatan Echebarria Fernández

Download or read book Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea written by Jonatan Echebarria Fernández and published by Taylor & Francis. This book was released on 2021-03-09 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance. The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of ‘forum shopping’ when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel. This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers

Language and Law

Author : Silvia Marino
Publisher : Springer
ISBN 13 : 3319909053
Total Pages : 372 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Language and Law by : Silvia Marino

Download or read book Language and Law written by Silvia Marino and published by Springer. This book was released on 2018-10-30 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an overview of EU competition law with a focus on the main developments in Italy, Spain, Greece, Poland and Croatia and offers an in-depth analysis of the role of language, translation and multilingualism in its implementation and interpretation. The first part of the book focuses on the main developments in EU competition law in action, which includes legislation, case law and praxis. This part can be divided into two subparts: the private enforcement of EU competition law, and the cooperation among enforcers, i.e. the EU Commission, the national competition authorities and the national courts. Language is of paramount importance in the enforcement of EU competition law, and as such, the second part highlights legal linguistic skills, showcasing the advantages and the challenges of multilingualism, especially in the context of the predominant use of English as the EU drafting and vehicular language. The volume brings together contributions prepared and presented as part of the EU-funded research project “Training Action for Legal Practitioners: Linguistic Skills and Translation in EU Competition Law".

Brussels I Bis

Author : Requejo Isidro, Marta
Publisher : Edward Elgar Publishing
ISBN 13 : 1789908175
Total Pages : 1011 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Brussels I Bis by : Requejo Isidro, Marta

Download or read book Brussels I Bis written by Requejo Isidro, Marta and published by Edward Elgar Publishing. This book was released on 2022-03-08 with total page 1011 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.

Jurisdiction and Cross-Border Collective Redress

Author : Alexia Pato
Publisher : Bloomsbury Publishing
ISBN 13 : 1509930302
Total Pages : 283 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Jurisdiction and Cross-Border Collective Redress by : Alexia Pato

Download or read book Jurisdiction and Cross-Border Collective Redress written by Alexia Pato and published by Bloomsbury Publishing. This book was released on 2019-07-11 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.

2011

Author : Andrea Bonomi
Publisher : Walter de Gruyter
ISBN 13 : 3866539649
Total Pages : 716 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis 2011 by : Andrea Bonomi

Download or read book 2011 written by Andrea Bonomi and published by Walter de Gruyter. This book was released on 2012-07-30 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current volume of the "Yearbook of Private International Law" includes three special sections: The first one is devoted to the recent European developments in the area of family law like the proposal on the matrimonial property régimes in its relation with other EU instruments, such as Brussels IIbis or Rome III. Another special section deals with the very hotly debated question of the treatment of and access to foreign law. The third one presents some recent reforms of national Private International Law systems. National reports and court decisions complete the book. Recent highlights include: - multiple nationalities in EU Private International Law - the European Court of Human Rights and Private International Law - parallel litigation in Europe and the US - arbitration and the powers of English courts - conflict of laws in emission trading - res judicata effects of arbitral awards

The UN Sustainable Development Goals

Author : Ilias Bantekas
Publisher : Oxford University Press
ISBN 13 : 0192885898
Total Pages : 1489 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis The UN Sustainable Development Goals by : Ilias Bantekas

Download or read book The UN Sustainable Development Goals written by Ilias Bantekas and published by Oxford University Press. This book was released on 2023-10-26 with total page 1489 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 2015, the United Nations General Assembly adopted the 17 Sustainable Development Goals (SDGs). This historic document constituted a transformative 'plan for action for people, planet and prosperity' with regards to the sustainable development efforts of all countries. The Sustainable Development Goals serves as an expert compendium, the most authoritative ready-reference tool for anyone interested in the SDGs. Each chapter comprises a detailed target-by-target analysis of one of the SDGs, including a methodical analysis of the preparatory proceedings that shaped each goal in its present form, an exhaustive examination of their content, and a critical assessment from an international law perspective. This commentary provides readers with the most up-to-date information on normative and legal questions arising from the incorporation of the SDGs into the international economic, social, and environmental legal frameworks, and on their implementation status. Scholars, practitioners, and those interested in the fields of law, politics, development, economics, environmental studies, and global governance will find this book a must-read.

EU Cross-Border Succession Law

Author : Bariatti, Stefania
Publisher : Edward Elgar Publishing
ISBN 13 : 1785365304
Total Pages : 576 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis EU Cross-Border Succession Law by : Bariatti, Stefania

Download or read book EU Cross-Border Succession Law written by Bariatti, Stefania and published by Edward Elgar Publishing. This book was released on 2022-06-10 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Studying cross-border successions in the context of estate planning and in the opening and liquidation of a succession, it examines the specificities of the European Certificate of Succession, contextualising it within its interface with the national laws and practice of EU Member States.

The European Account Preservation Order

Author : D’Alessandro, Elena
Publisher : Edward Elgar Publishing
ISBN 13 : 1800880308
Total Pages : 488 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis The European Account Preservation Order by : D’Alessandro, Elena

Download or read book The European Account Preservation Order written by D’Alessandro, Elena and published by Edward Elgar Publishing. This book was released on 2022-06-10 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Commentary provides article-by-article exploration of EU Regulation 655/2014, analysing and outlining in a straightforward manner the steps that lawyers, businesses and banks can take when involved in debt recovery. It offers a detailed discussion of national practice and legislation in order to provide context and a deeper understanding of the complex difficulties surrounding the procedural system created by the European Account Preservation Order (EAPO) Regulation.

International Law

Author : Jan Wouters
Publisher : Bloomsbury Publishing
ISBN 13 : 1509909044
Total Pages : 1135 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis International Law by : Jan Wouters

Download or read book International Law written by Jan Wouters and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 1135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook offers for the first time a comprehensive analysis of the classic doctrines and main areas of international law from a European perspective, meeting the needs of the many European law schools teaching public international law in English. Special attention is devoted to the practice of the European Union, the Council of Europe and European States – both civil law and common law countries – with regard to international law. In particular the book analyses the interplay between international law, EU law and national law in the case law of the Court of Justice of the EU, the European Court of Human Rights and national jurisdictions in Europe. It provides the reader with insights into how the international legal practice of the EU and its Member States impacts the development of international law, both in terms of doctrines such as treaty-making and customary law, the exercise of (extraterritorial) jurisdiction, state responsibility and the settlement of disputes, as well as particular sub-fields of international law, such as human rights law and international economic law. In addition the book covers other important areas such as the use of force and collective security, the law of armed conflict, and global and regional international organisations. It provides European perspectives on all these issues and will be of great value to students, scholars and practitioners.

International Surrogacy Arrangements

Author : Katarina Trimmings
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251316
Total Pages : 588 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis International Surrogacy Arrangements by : Katarina Trimmings

Download or read book International Surrogacy Arrangements written by Katarina Trimmings and published by Bloomsbury Publishing. This book was released on 2013-05-17 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the pressing challenges presented by the proliferation of international surrogacy arrangements. The book is divided into three parts. Part 1 contains National Reports on domestic approaches to surrogacy from Argentina, Australia, Belgium, Brazil, China, Czech Republic, France, Germany, Greece, Guatemala, Hungary, India, Ireland, Israel, Mexico, Netherlands, New Zealand, Russia, South Africa, Spain, Ukraine, United Kingdom, United States and Venezuela. The reports are written by domestic specialists, each demonstrating the difficult and urgent problems arising in many States as a result of international surrogacy arrangements. These National Reports not only provide the backdrop to the authors' proposed model regulation appearing in Part 3, but serve as a key resource for scrutinising the most worrying incompatibilities in national laws on surrogacy. Part 2 of the book contains two contributions that provide international perspectives on cross-border surrogacy such as the 'human rights' perspective. Part 3 contains a General Report, which consists of an analysis of the National Reports appearing in Part 1, together with a proposed model of regulation of international surrogacy arrangements at the international level written by the two co-editors, Paul Beaumont and Katarina Trimmings. The research undertaken by Katarina Trimmings and Paul Beaumont from 2010 to 2012 was funded by the Nuffield Foundation. This title is included in Bloomsbury Professional's Family Law online service.

Data Protection and Interoperability in EU External Relations

Author : Francesca Tassinari
Publisher : BRILL
ISBN 13 : 9004684026
Total Pages : 621 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Data Protection and Interoperability in EU External Relations by : Francesca Tassinari

Download or read book Data Protection and Interoperability in EU External Relations written by Francesca Tassinari and published by BRILL. This book was released on 2024-11-07 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses whether the implementation of transborder interoperable solutions aligns with the European Union's standards and rules on personal data transfer. It specifically examines the principles and values enshrined in the founding Treaties that steer the EU’s external activities as a global actor. It will help you understand the privacy and data protection standards the EU must uphold when pursuing its objectives of freedom, security, and justice externally. You’ll learn about the limits on the processing of personal data by large-scale IT systems in the areas of freedom, security, and justice, and explore the full scope of the 2019 interoperability regulations, n. 817 and 818. Also, the volume offers a series of diagrams, tables, and figures that will make your reading as smooth as possible.

International Investment Law and Competition Law

Author : Katia Fach Gómez
Publisher : Springer Nature
ISBN 13 : 3030339165
Total Pages : 292 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis International Investment Law and Competition Law by : Katia Fach Gómez

Download or read book International Investment Law and Competition Law written by Katia Fach Gómez and published by Springer Nature. This book was released on 2020-05-23 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This EYIEL special issue examines the interaction between international investment law and competition law. Although issues related to both international investment law and competition law arise regularly in international legal practice and are examined together, scholarly analysis largely treats them as parallel universes. As a result their actual and potential overlap has yet to be sufficiently explored. In this light, International Investment Law and Competition Law discusses a variety of topics at the intersection of investment and competition, including the interaction between competition-related provisions and investment protection standards in free trade agreements; investors’ anti-competitive behaviour and illegal investments; state aid schemes and foreign investors’ legitimate expectations; EU member States’ compliance with investment awards as (illegal) state aid under EU law; State-owned enterprises and competitive neutrality; and interactions between public procurement, investment and competition law.

The European Service Regulation

Author : Apostolos Anthimos
Publisher : Edward Elgar Publishing
ISBN 13 : 1800884028
Total Pages : 379 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis The European Service Regulation by : Apostolos Anthimos

Download or read book The European Service Regulation written by Apostolos Anthimos and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a systematic article-by-article commentary on the European Service Regulation (recast), and written by renowned experts from several EU Member States, this book gives guidance for the proper understanding and practical operation of cross-border judicial cooperation in civil and commercial matters within the EU.

The Lighthouse Function of Social Law

Author : Yves Jorens
Publisher : Springer Nature
ISBN 13 : 3031328221
Total Pages : 632 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis The Lighthouse Function of Social Law by : Yves Jorens

Download or read book The Lighthouse Function of Social Law written by Yves Jorens and published by Springer Nature. This book was released on 2023-07-30 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the conference book for the XIV European Regional Congress of the International Society for Labour and Social Security Law, dedicated to the interactions between social law and other areas of law. In recent years, labour law and social security law have been subject to various reforms and developments. Social law is however not an isolated domain but rather interacts with other fields, often even functioning as a guide or giving direction to those lost at sea. In other words: serving as a lighthouse. The key aspect addressed in this book is the existence of a connection between social law sensu stricto (labour law and social security law) and other areas of law. Pursuing an inter- and multidisciplinary approach, it gathers contributions on topical and challenging issues in four broad areas: 1. Basic and fundamental principles of European social law 2. The future in the light of the past 3. The impact of regionalisation 4. Enforcement in social law In turn, various developments can be identified in connection with these topics: the emergence of social criminal law is creating new overlaps between social and criminal law; the growing number of administrative law sanctions offers new insights into and connections between social security law and administrative law; the increasing similarity of employment in the public and private sectors raises questions about the applicability of administrative law in labour law relations; the relation between the ECHR and the articles of the Constitution opens up new perspectives on the constitutional interpretation of freedoms and on the interaction between human rights, constitutional law and social law; and lastly, there is a growing influence of EU law and international treaty law (concerning trade) on social law. Can we, by looking at these developments, draw certain conclusions at a different and innovative level? The contributions were selected by an international working group of distinguished scholars from across Europe.