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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.

Author :
Publisher : Bib. Orton IICA / CATIE
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4./5 ( download)

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Book Synopsis by :

Download or read book written by and published by Bib. Orton IICA / CATIE. This book was released on with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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

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.

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".

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.

Private International Law

Author : Franco Ferrari
Publisher : Edward Elgar Publishing
ISBN 13 : 1789906903
Total Pages : 517 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 517 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.

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.

International Surrogacy Arrangements

Author : Katarina Trimmings
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251324
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.

International Arbitration

Author : Ben Beaumont
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403517964
Total Pages : 272 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration by : Ben Beaumont

Download or read book International Arbitration written by Ben Beaumont and published by Kluwer Law International B.V.. This book was released on 2022-12-09 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the spirit of Pieter Sanders’s classic Quo Vadis Arbitration? (1999), this far-reaching overview of the state of international arbitration thoroughly assesses the current condition and prospects of arbitration and conciliation with practical, insightful solutions to the new and emerging problems confronting arbitration practice today. A distinguished group of internationally renowned arbitrators, academics, and lawmakers elucidate the ubiquitous evolution towards increased technical complexity, the need for multi-focal and multi-cultural approaches, and the tension between desirable simplicity and indispensable precision that have come to characterize current arbitral practice and procedure. Among the topics covered are the following: remote hearings; reliance on digital technology; cost of arbitration in a post-COVID world; extension of the arbitration agreement to non-signatories; tailoring of ADR techniques to suit the needs of micro, small, and medium-sized enterprises; jurisdictions emerging as new arbitration hubs, e.g., Delaware, the Caribbean, Scotland; evolution of a code of conduct for adjudicators in investment disputes; and the reform of bilateral investment treaties. As Sanders’s 1999 book did at the time, the chapters identify specific improvements and refinements to the entire system as it has developed over recent decades. The book will be a go-to resource for the arbitration community worldwide as a stocktaking of current and ongoing trends in international arbitration. It will enthuse the many lawyers, judges, legislators, and businesspeople to whom it is addressed.

Autonomous Vehicles and Civil Liability in a Global Perspective

Author : Hans Steege
Publisher : Springer Nature
ISBN 13 : 3031419928
Total Pages : 541 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis Autonomous Vehicles and Civil Liability in a Global Perspective by : Hans Steege

Download or read book Autonomous Vehicles and Civil Liability in a Global Perspective written by Hans Steege and published by Springer Nature. This book was released on with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Singapore Convention on Mediation

Author : Guillermo Palao
Publisher : Edward Elgar Publishing
ISBN 13 : 1800884850
Total Pages : 351 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis The Singapore Convention on Mediation by : Guillermo Palao

Download or read book The Singapore Convention on Mediation written by Guillermo Palao and published by Edward Elgar Publishing. This book was released on 2022-12-13 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.

Artificial intelligence and human rights.

Author : Rubén Miranda Gonçalves
Publisher : Dykinson
ISBN 13 : 8413778174
Total Pages : 489 pages
Book Rating : 4.4/5 (137 download)

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Book Synopsis Artificial intelligence and human rights. by : Rubén Miranda Gonçalves

Download or read book Artificial intelligence and human rights. written by Rubén Miranda Gonçalves and published by Dykinson. This book was released on 2021-12-14 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are publishing this book as the result of a research project carried out by the University of Las Palmas de Gran Canaria in Spain and AFM Krakow University in Poland. Some parts of it were already announced during a scientific Conference organised remotely in Kraków in October 2020. It is now time to present the research findings in writing.The issue of Artificial Intelligence has long raised questions and interests, including those of legal science. A number of problems have not yet been widely analysed, despite the fact that the present time is undoubtedly a time of technological challenges. Therefore, in the presented publication, prepared by the international scientific community, under our scientific guidance, the authors try to analyse the areas which, in their opinion and in our opinion, required such analysis. The leitmotif of our scientific work was human rights and their relationship with Artificial Intelligence. In presenting the research results in this book, we realise that a number of issues still need to be clarified. Nevertheless, we hope that the work presented for the reader’s consideration will constitute an interesting voice in the discussion, a point of reference for all those dealing with the legal issues of new technologies and the protection of human rights.As the presented book is a collective work, the authors essentially present their own views. The whole work has been designed to address a broad spectrum of issues in Artificial Intelligence and human rights in a single collection. We are convinced that such a broad view will allow everyone interested in the discussed issues to see the essence of contemporary problems faced by the science of law in a multinational perspective.We encourage everyone to read the book!Laura Miraut MartínMariusz Zalucki

International Commercial Arbitration in Spain

Author : Miguel Gomez Jene
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041187847
Total Pages : 412 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Commercial Arbitration in Spain by : Miguel Gomez Jene

Download or read book International Commercial Arbitration in Spain written by Miguel Gomez Jene and published by Kluwer Law International B.V.. This book was released on 2019-10-31 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration in Spain Miguel Gómez Jene Although this book will be of inestimable value to comparative law and arbitration specialists, it provides especially useful guidance for practitioners confronting specific questions during an arbitration with a seat in Spain or an award to be enforced in Spain. The author, a prominent Spanish lawyer and legal scholar, describes in detail all the relevant areas of international commercial arbitration under Spanish and applicable European and international law, with a rigorous analysis of the international, comparative, and internal jurisprudence embedded in Spanish regulation of international commercial arbitration. Twelve expository chapters explicitly follow the scheme of the Spanish Arbitration Act, and two introductory chapters cover the international and European instruments of international commercial arbitration as applied in Spain. The author covers such key principles and customary practices as the following: criteria to determine internationality; formal validity and effects of arbitration agreements; communications, service and computation of time limits; arbitrability; appointment, selection and removal of arbitrators; cases in which an arbitrator may be held liable; when an arbitrator may grant interim measures; pleading and evidence of foreign law; effect of insolvency; limitation of judicial intervention and court jurisdiction; judicial proceeding to set aside an arbitral award; and recognition and enforcement of arbitral awards. An up-to-date, indispensable tool for all professionals working in the world of international arbitration, this one-of-a-kind book will be welcomed by arbitrators, lawyers practising as counsel or arbitrators, global law firms, companies doing transnational business, arbitration academics and international arbitration centres.

Jurisdiction and Cross-Border Collective Redress

Author : Alexia Pato
Publisher : Bloomsbury Publishing
ISBN 13 : 1509930310
Total Pages : 367 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 367 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

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.