Private International Law Within the EU. Current Issue and Regulatory Perspectives

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Publisher :
ISBN 13 : 9788854891456
Total Pages : 288 pages
Book Rating : 4.8/5 (914 download)

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Book Synopsis Private International Law Within the EU. Current Issue and Regulatory Perspectives by : I. Queirolo

Download or read book Private International Law Within the EU. Current Issue and Regulatory Perspectives written by I. Queirolo and published by . This book was released on 2016 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research Handbook on EU Private International Law

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Publisher :
ISBN 13 : 9781788111225
Total Pages : 424 pages
Book Rating : 4.1/5 (112 download)

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Book Synopsis Research Handbook on EU Private International Law by : Peter Stone

Download or read book Research Handbook on EU Private International Law written by Peter Stone and published by . This book was released on 2017-05-26 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a substantial and growing body of case-law from the European Court as well as the courts of the Member States. This timely Handbook addresses key questions and problems that currently exist in the rules of private international law laid down by European Union regulations. Bringing together perspectives from both civil law and common law traditions, the book mainly considers issues relating to the Brussels I Regulation on civil jurisdiction and judgments, and to the Rome I and II Regulations on choice of law in respect of contractual or non-contractual obligations. Weaknesses in the current law are identified, and suggestions are made for possible improvements. The expert contributors focus on currently relevant problems including some issues which have tended to be neglected.Academics, law students and public officials interested in private international law will find this Handbook to be a valuable resource. Both practising lawyers and commercial lobbyists will also find many useful insights.

Modern Issues in European Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041104236
Total Pages : 264 pages
Book Rating : 4.1/5 (42 download)

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Book Synopsis Modern Issues in European Law by : Lennart Pêalsson

Download or read book Modern Issues in European Law written by Lennart Pêalsson and published by Martinus Nijhoff Publishers. This book was released on 1997-08-27 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book, written in honour of Lennart Palsson, emeritus Professor of Public and Private International Law at the University of Lund, give a valuable insight into Nordic perspectives on a number of issues of great current interest and importance. The Editor has succeeded in putting together a fascinating collection, which covers, "inter alia," competition law in the European Union, the judicial system of the EU in the light of the Intergovernmental Conference, the application of foreign law in Swedish courts, Human Rights and university policy, aspects of the new Nordic Law on carriage of goods by sea and Comparative Law as a yardstick for academic legal education. The book will be a valuable addition to the literature of European Law containing, as it does, some new and unconventional ideas.

EU Private International Law

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Publisher :
ISBN 13 : 9780857932495
Total Pages : 0 pages
Book Rating : 4.9/5 (324 download)

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Book Synopsis EU Private International Law by : Peter Stone

Download or read book EU Private International Law written by Peter Stone and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.

More Equal than Others?

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Publisher : Springer Nature
ISBN 13 : 9462655391
Total Pages : 362 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis More Equal than Others? by : Daniele Amoroso

Download or read book More Equal than Others? written by Daniele Amoroso and published by Springer Nature. This book was released on 2022-11-18 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what – if any – the common core of this principle is. The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations. The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality. Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy. Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy. Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy. Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy. Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.

The Regulatory Function of European Private Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1848447264
Total Pages : 377 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis The Regulatory Function of European Private Law by : Fabrizio Cafaggi

Download or read book The Regulatory Function of European Private Law written by Fabrizio Cafaggi and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In twelve topical papers, written by renowned experts in distinct areas of the law, the reader will find out how private law and private international law instruments can serve public policy goals (such as the protection of the environment, product safety or services of general economic interest) and how these instruments interact with regulation in the proper sense. A must for those who want to explore the borderline if it exists between public and private law in the EU. Jules Stuyck, Leuven University, Belgium In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration? The editors argue that because national categories are of little help in grasping the characteristics of a multi-level regulatory system, it is necessary to link three perspectives: private law, regulation and conflict of laws. This book explores this interaction in four distinct fields: product liability, environmental protection, public utilities and e-commerce. The results show that EPL is highly regulatory and that the implications of this change have not been adequately considered by institutions and by scholars. The Regulatory Function of European Private Law will be of great interest to academics of law, as well as to private and public lawyers and European policymakers.

European Private Law - Current Status and Perspectives

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Publisher : Walter de Gruyter
ISBN 13 : 3866539339
Total Pages : 289 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis European Private Law - Current Status and Perspectives by : Reiner Schulze

Download or read book European Private Law - Current Status and Perspectives written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2011-03-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business law and labour law are driving forces and core areas of European private law. New concepts and approaches are thus required that are not limited to civil law and that are different from those traditionally embraced by national private law. These new challenges regarding the current status and perspectives of European private law are discussed in this volume by sixteen highly reputed researchers from across Europe. The contributions concern various areas of European private law, including contract, property, company, competition and labour law. This book will be an invaluable source for all those working on European law and private law within Europe.

Blurry Boundaries of Public and Private International Law

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Publisher : Springer Nature
ISBN 13 : 9811684804
Total Pages : 287 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Blurry Boundaries of Public and Private International Law by : Poomintr Sooksripaisarnkit

Download or read book Blurry Boundaries of Public and Private International Law written by Poomintr Sooksripaisarnkit and published by Springer Nature. This book was released on 2022-02-23 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes—Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.

Modern Issues in European Law

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Publisher : BRILL
ISBN 13 : 9004637206
Total Pages : 256 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Modern Issues in European Law by : Göran Melander

Download or read book Modern Issues in European Law written by Göran Melander and published by BRILL. This book was released on 2023-07-24 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book, written in honour of Lennart Pålsson, emeritus Professor of Public and Private International Law at the University of Lund, give a valuable insight into Nordic perspectives on a number of issues of great current interest and importance. The Editor has succeeded in putting together a fascinating collection, which covers, inter alia, competition law in the European Union, the judicial system of the EU in the light of the Intergovernmental Conference, the application of foreign law in Swedish courts, Human Rights and university policy, aspects of the new Nordic Law on carriage of goods by sea and Comparative Law as a yardstick for academic legal education. The book will be a valuable addition to the literature of European Law containing, as it does, some new and unconventional ideas.

European Private International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509905979
Total Pages : 752 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis European Private International Law by : Geert van Calster

Download or read book European Private International Law written by Geert van Calster and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: As one of the most definitive texts on the market, European Private International Law provides an essential guide for both students and practitioners to the complex field of international litigation within the EU. The private international law of the Member States is increasingly regulated by European law, making private international law ever less 'national' and ever more EU based. Consequentially EU law in this area has penetrated national law to a very high degree, making it an essential area of study and an area of increasing importance to practising lawyers. This book provides a thorough overview of core European private international law, including the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort), while additional chapters deal with the recently adopted Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. From the reviews of the first edition 'As a result of his broad knowledge on the subject and rich professional experience, Mr van Calster provides great insight into current issues within international law. The book is practical as both a student textbook and a general introduction for legal professionals'. Vladimir Cupryszak, Association for International Arbitration 'Excellent overview of European Private International Law issues, as well as a very helpful introduction to basic concepts of conflicts of laws and jurisdictions'. Professor Stavros Brekoulakis, Queen Mary University of London 'This is a most useful book. I recommend it to my students as a great way to come to terms with the EU elements of Private International Law'. Dr David Kenny, Trinity College Dublin 'This book is essential reading for law students in Europe and abroad. It provides a coherent overview of all main elements of European private international law; concepts, legal instruments and practice'. Professor Kim Talus, UEF Law School, Finland 'Well-written, clear and understandable. Excellent value for money'. Dr Jan Oster, King's College London, UK

A European Framework for Private International Law

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Publisher :
ISBN 13 :
Total Pages : 102 pages
Book Rating : 4.:/5 (93 download)

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Book Synopsis A European Framework for Private International Law by : European Parliament

Download or read book A European Framework for Private International Law written by European Parliament and published by . This book was released on 2012 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This report identifies the gaps that exist in the current European framework of private international law and suggests a road map towards a more comprehensive codification of EU private international law. For the time being, legislative efforts should be directed at creating separate instruments for well-defined problems of private international law. The fruits of these efforts could in the long-term be combined in a code of EU private international law. relate to the problem of jurisdiction, applicable law and the recognition and enforcement of foreign judgments and authentic instruments. The research does not include other areas of judicial co-operation that are sometimes covered by the term private international law, such as the cross-border service of documents, the taking of evidence and legal aid in crossborder cases."--Editor.

Private International Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1789906903
Total Pages : 520 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Private International Law by : Franco Ferrari

Download or read book Private International Law written by Franco Ferrari and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.

A Conceptual Analysis of European Private International Law

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Publisher :
ISBN 13 : 9781780686905
Total Pages : 0 pages
Book Rating : 4.6/5 (869 download)

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Book Synopsis A Conceptual Analysis of European Private International Law by : Felix M. Wilke

Download or read book A Conceptual Analysis of European Private International Law written by Felix M. Wilke and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book systematically and exhaustively analyses existing PIL rules and issues in EU and national legislation, covering all EU Member States in the process. It then demonstrates that the characteristics of PIL themselves imply a framework for 'general issues' - independently from language, codification or underlying legal tradition.

Boundaries of European private international law

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Publisher : Emile Bruylant
ISBN 13 : 9782802746973
Total Pages : 718 pages
Book Rating : 4.7/5 (469 download)

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Book Synopsis Boundaries of European private international law by : Jean-Sylvestre Bergé

Download or read book Boundaries of European private international law written by Jean-Sylvestre Bergé and published by Emile Bruylant. This book was released on 2015 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt: L’existence d’un droit international privé européen n’est plus à démontrer. Les développements considérables auxquels il donne lieu aujourd’hui soulèvent la question de ses frontières. Où commence et où s’arrête le DIP européen ?

Private International Law and the Internet

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403511133
Total Pages : 760 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Private International Law and the Internet by : Dan Jerker B. Svantesson

Download or read book Private International Law and the Internet written by Dan Jerker B. Svantesson and published by Kluwer Law International B.V.. This book was released on 2021-08-05 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this, the fourth edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five fundamental questions: When should a lawsuit be entertained by the courts? Which state’s law should be applied? When should a court that can entertain a lawsuit decline to do so? How wide ‘scope of jurisdiction’ should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another? Professor Svantesson identifies and investigates twelve characteristics of Internet communication that are relevant to these questions and then proceeds with a detailed discussion of what is required of modern private international law rules. Focus is placed on several issues that have far-reaching practical consequences in the Internet context, including the following: cross-border defamation; cross-border business contracts; cross-border consumer contracts; and cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of jurisdictions, including Australia, England, Hong Kong SAR, the United States, Germany, Sweden, and China, as well as in a range of international instruments. There is also a chapter on advances in geo-identification technologies and their special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts, as well as a set of practical checklists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson’s book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this complex and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable private international law rules for communication via the Internet.

General Principles of European Private International Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159649
Total Pages : 418 pages
Book Rating : 4.0/5 (411 download)

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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.

Private Regulation and Enforcement in the EU

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509919538
Total Pages : 599 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private Regulation and Enforcement in the EU by : Madeleine de Cock Buning

Download or read book Private Regulation and Enforcement in the EU written by Madeleine de Cock Buning and published by Bloomsbury Publishing. This book was released on 2020-06-25 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation and technological innovation have been fuelling the need for increasing levels of trust in private actors, such as companies or special interest groups, to regulate and enforce significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertising and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question of whether private actors live up to citizens' expectations or whether more should be done as to the safeguarding of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement are embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context which, unlike the national and transnational ones, has not yet been widely explored. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book adds a missing tile to the mosaic of public–private governance studies.