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The Brussels I Review Proposal Uncovered
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Author :Eva Lein Publisher :British Institute for International & Comparative Law ISBN 13 :9781905221486 Total Pages :0 pages Book Rating :4.2/5 (214 download)
Book Synopsis The Brussels I Review Proposal Uncovered by : Eva Lein
Download or read book The Brussels I Review Proposal Uncovered written by Eva Lein and published by British Institute for International & Comparative Law. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels I Regulation (EC) No. 44/2001 - on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - is one of the most important instruments of European private international law. Despite its overall success, some shortcomings have been perceived during the first ten years of application and have prompted the drafting of a Review Proposal by the European Commission. The Proposal addresses issues, such as the relationship between the Regulation and arbitration, the compatibility of its provisions with the 2005 Hague Convention on Choice of Court Agreements, and the extension of the Brussels I rules on jurisdiction to third State defendants. These issues and more are analyzed and debated in this book by academics and practitioners from various Member States and institutions, including the Hague Conference on Private International Law and the European Group for Private International Law (EGPIL). Their insightful commentary on the Commission's plans for amendment of the Brussels I Regulation is an excellent resource for anyone dealing with issues of cross-border civil litigation.
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.
Book Synopsis Brussels Ibis Regulation by : Vesna Lazić
Download or read book Brussels Ibis Regulation written by Vesna Lazić and published by Springer. This book was released on 2016-11-24 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on major amendments introduced in the Brussels I regulatory framework. The contributions scrutenise the changes introduced in the Brussels Ibis Regulation, a legal instrument that presents a core of the unification of private international law rules on the European Union level. It is one of the first publications addressing all the changes in the Brussels I regulatory scheme, which takes into consideration relevant CJEU case law up to July 2016. The texts, written by legal scholars who have published extensively in the field of private international law and international civil procedure, will add to the development of EU private international law. In addition, the authors’ critical analysis may open further discussions on the topic and so benefit a consistent and harmonised application of the Regulation. In this respect the book takes a different approach than the commentaries which have so far been published. It is primarily meant for legal academics in private international law and practitioners who are regularly engaged in cross-border civil proceedings. It may also be of added value to advanced students and to those with a particular interest in the subject of international litigation and more generally in the area of dispute resolution. Vesna Lazić is a Senior Researcher at the T.M.C. Asser Instituut, an Associate Professor of Private Law at Utrecht University and Professor of European Civil Procedure at the University of Rijeka. Steven Stuij is an expert in Private International Law and an external Ph.D. candidate at Erasmus School of Law, Rotterdam.
Book Synopsis Research Handbook on the Brussels Ibis Regulation by : Peter Mankowski
Download or read book Research Handbook on the Brussels Ibis Regulation written by Peter Mankowski and published by Edward Elgar Publishing. This book was released on 2020-03-28 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook addresses the cutting edges of the Brussels Ibis Regulation, in particular its place within the overall system of EU law and its adaptations in response to lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to this, analysing the most recent developments in legislation and practice and providing an outlook on the future of this field of EU law.
Book Synopsis The Nature and Enforcement of Choice of Court Agreements by : Mukarrum Ahmed
Download or read book The Nature and Enforcement of Choice of Court Agreements written by Mukarrum Ahmed and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.
Book Synopsis The Brussels I-bis Regulation by : Vesna Lazic Lazić
Download or read book The Brussels I-bis Regulation written by Vesna Lazic Lazić and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its interpretation and application.
Book Synopsis International Commercial Arbitration in the European Union by : Chukwudi Ojiegbe
Download or read book International Commercial Arbitration in the European Union written by Chukwudi Ojiegbe and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating book contributes to knowledge on the impact of Brexit on international commercial arbitration in the EU. Entering the fray at a critical watershed in the EU’s history, Chukwudi Ojiegbe turns to the interaction of court litigation and international commercial arbitration, offering crucial insights into the future of EU law in these fields.
Book Synopsis Modern Maritime Law (Volume 1) by : Aleka Mandaraka-Sheppard
Download or read book Modern Maritime Law (Volume 1) written by Aleka Mandaraka-Sheppard and published by CRC Press. This book was released on 2013-12-17 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique title examines in depth issues of jurisdiction, maritime law and practice from a modern perspective and highlights the importance of risk management with a view to avoiding pitfalls in litigation or arbitration and minimising exposure to liabilities. The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities. The book continues to provide succinct analysis of the key principles and precedents of maritime law, a detailed account of important decisions, and incorporates developments in regulation, Codes of good practice and international Conventions. The first volume tackles a wealth of complex jurisdictional aspects, ranging from the enforcement of maritime claims to a detailed analysis of the conditions of arrest of ships, including reconsideration of wrongful arrest, beneficial ownership, forum non-convenience and limitations upon the jurisdiction of the English courts. Key features of Volume One: Expert analysis of the very latest case law, including noteworthy cases in international jurisdictions Highlights important recent changes and developments in: piercing the corporate veil – State immunity conflict of laws and jurisdictions stay of proceedings for breach of jurisdiction or arbitration agreements issues arising from tiered dispute resolution clauses anti-suit injunctions Timely examination of the EU jurisdiction scheme and the Review of the Brussels I Regulation New Chapter on Freezing Injunctions as compared with the US Rule B Attachment This book serves as an invaluable reference for lawyers, academics, and a host of shipping and risk management professionals worldwide. Purchase Volumes 1 and 2 of the Modern Maritime Law together for a reduced price at http://www.routledge.com/books/details/9780415843201/
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 2021-01-14 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.
Book Synopsis Resolving Conflicts in the Law by : Chiara Giorgetti
Download or read book Resolving Conflicts in the Law written by Chiara Giorgetti and published by BRILL. This book was released on 2019-01-03 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resolving Conflicts in the Law, edited by Chiara Giorgetti and Natalie Klein, honours the work of Professor Lea Brilmayer whose intellectual contribution and influence span scholarly debate and the practice of both public and private international law. The book’s essays are from leading international law scholars and practitioners in the field—including Michael Reisman, Stephen Schwebel, Erin O’Connor O’Hara, John Crook, Philippa Webb, Kermit Roosevelt, Harold Koh—and reflect on contemporary and cutting-edge questions of international law. Each contribution enriches and advances scholarly debate on topics of law for which Lea Brilmayer is well known, including: international dispute settlement; conflicts of law; international relations theory; secession and territorial and maritime sovereignty.
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
Book Synopsis Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial by : Monique Hazelhorst
Download or read book Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial written by Monique Hazelhorst and published by Springer. This book was released on 2017-02-27 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the attainment of complete free movement of civil judgments across EU member states from the perspective of its conformity with the fundamental right to a fair trial. In the integrated legal order of the European Union, it is essential that litigants can rely on a judgment no matter where in the EU it was delivered. Effective mechanisms for cross-border recognition and the enforcement of judgments provide both debtors and creditors with the security that their rights, including their right to a fair trial, will be protected. In recent years the attainment of complete free movement of civil judgments, through simplification or abolition of these mechanisms, has become a priority for the European legislator. The text uniquely combines a thorough discussion of EU legislation with an in-depth and critical examination of its interplay with fundamental rights. It contains an over-view and comparison of both ECtHR and CJEU case law on the right to a fair trial, and provides a great number of specific recommendations for current and future legislation. With its critical discussion of EU Regulations from both a practical and a theoretical standpoint, this book is particularly relevant to legislators and policymakers working in this field. Because of the extensive overview of the functioning of the EU’s mechanisms and of relevant case law it provides, the book is also highly relevant to academics and practitioners. Monique Hazelhorst is Judicial Assistant at the Supreme Court of the Netherlands. She studied Law and Legal Research at Utrecht University and holds a Ph.D. in Law from the Erasmus School of Law at Erasmus University Rotterdam.
Book Synopsis Open Data Exposed by : Bastiaan van Loenen
Download or read book Open Data Exposed written by Bastiaan van Loenen and published by Springer. This book was released on 2018-10-25 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main objectives of this book are to expose key aspects that have a relevance when dealing with open data viewed from different perspectives and to provide appealing examples of how open data is implemented worldwide. The concept of open data as we know it today is the result of many different initiatives, both of a legislative and non-legislative nature, and promoted by a wide range of actors. Numerous regulatory antecedents to foster the concept of open data and embed it in national and international policy agendas have been undertaken on both sides of the Atlantic, as well as at a supranational level. The book highlights a number of the efforts made to promote open data in Europe, Asia and the United States. In addition to new insights, practical guidance and multiple disciplinary perspectives on open data, the book also addresses the transformation of current developments towards open data, which may be referred to as the democratisation of data. This book will support open data practitioners as well as open data scholars in their endeavours to promote open data implementation and research. Bastiaan van Loenen is associate professor and director of the Knowledge Centre Open Data at the Faculty of Architecture and The Built Environment of Delft University of Technology in the Netherlands, as is Glenn Vancauwenberghe, who is a post-doctoral researcher, and Joep Crompvoets is a professor at the Public Governance Institute of the KU Leuven in Belgium.
Download or read book Military Law Review written by and published by . This book was released on 1998 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Primento. This book was released on 2015-04-22 with total page 747 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private international law is by now based mainly on a large body of uniform rules such as the Regulations Rome I, Rome II, Brussels I, Brussels I bis. This significant legislative output, however, does not take place in a vacuum. Rules of private international law have been earlier (and still are) adopted at national, international and even European level in scattered regulations and directives. The recent plethora of private international law rules gives rise to issues of delineation and calls for some sort of ordering as gaps, overlaps and contradictions become flagrant. At the same time, the resulting interactions can offer new insight, ideas and even opportunities at a more theoretical level. This book gathers a collection of essays resulting out of a series of international seminars held in Lyon, Barcelona and Louvain-la-Neuve. During those seminars, young researchers selected in an open call for papers had the opportunity to discuss their views among themselves as well as with various specialists of the field, such as more senior academics, EU civil servants, national experts and representatives of other international organisations. The book offers the fresh views of those who will in the future shape the dialectic between the various sources of private international law and attempts to launch a discussion on the “living together” of legal sources. Two ranges of topics are addressed in the book: - firstly, the relationship between EU private international law and national law (substantial and procedural) and/or international law (international instruments of private international law or of uniform substantive law); and - secondly, the relationship between EU private international law and other aspects of EU law (internal market rules of primary law, harmonisation through secondary law and other pieces of legislation enacted in the realm of the area of freedom, security and justice).
Book Synopsis The Future of the Law of Contract by : Michael Furmston
Download or read book The Future of the Law of Contract written by Michael Furmston and published by Taylor & Francis. This book was released on 2020-05-10 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Future of the Law of Contract brings together an impressive collection of essays on contract law. Taking a comparative approach, the aim of the book is to address how the law of contract will develop over the next 25 years, as well as considering the ways in which changes to the way that contracts are made will affect the law. Topics include good faith; objectivity; exclusion clauses; economic duress; variation of contract; contract and privacy law in a digital environment; technological change; Choice of Court Agreements; and Islamic finance contracts. The chapters are written by leading academics from England, Australia, Canada, the United States, Singapore and Malaysia. As such, this collection will be of global interest and importance to professionals, academics and students of contract law.
Book Synopsis Climate Change Remedies by : Jaap Spier
Download or read book Climate Change Remedies written by Jaap Spier and published by AFRICAN SUN MeDIA. This book was released on 2014-07-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÿClimate change poses very serious risks to mankind. Adaptation and damages are emphasised more and more. Although adaptation is important, priority should be given to prevention (mitigation). The contributions in this volume emanate from an international research project that deals with a legal kaleidoscope of legal issues and focuses primarily on preventive remedies. The contributions of Spier and Magnus tackle injunctive relief and discuss the myriad of legal questions courts have to answer if they are willing to grant injunctive relief. This part of the book addresses procedural, private international and substantive law. Kemp?s contribution discusses the role criminal law could play to come to grips with the threats of climate change. So far, the greater part of the debate is about the United States, Europe and, increasingly, Asia. Ruppel fills this gap by painting an African perspective.
