Latest Developments In Eu Private International Law
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Author | : Geert van Calster |
Publisher | : Bloomsbury Publishing |
Total Pages | : 531 |
Release | : 2021-01-14 |
Genre | : Law |
ISBN | : 1509942084 |
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.
Author | : Felix M. Wilke |
Publisher | : |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Conflict of laws |
ISBN | : 9781780686905 |
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.
Author | : Jan-Jaap Kuipers |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 383 |
Release | : 2011-11-25 |
Genre | : Law |
ISBN | : 9004206728 |
The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
Author | : Peter Stone |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : Conflict of laws |
ISBN | : 9780857932495 |
This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.
Author | : Fernando Lusa Bordin |
Publisher | : Cambridge University Press |
Total Pages | : 337 |
Release | : 2022-11-03 |
Genre | : Law |
ISBN | : 1108832970 |
The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
Author | : Michael Bogdan |
Publisher | : Apollo Books |
Total Pages | : 244 |
Release | : 2012 |
Genre | : Law |
ISBN | : 9789089521088 |
This concise book is mainly intended to be used as an introduction to the rules of private international law belonging to the legal system of the European Union. It provides legal practitioners with an overview of this highly complex field of law and can serve as an introductory textbook in elective undergraduate courses and master programs offered today by many law schools both to their own students and to exchange students from other countries. The book will hopefully also be useful as a spring-board towards more profound studies of statutory texts, case law and legal literature. Michael Bogdan is Professor of Comparative and Private International Law at the University of Lund, Sweden.
Author | : Jed Odermatt |
Publisher | : Cambridge University Press |
Total Pages | : 273 |
Release | : 2021-10-21 |
Genre | : Law |
ISBN | : 1108841996 |
International Law and the European Union addresses the public international law issues that arise from the European Union's international action.
Author | : Oxford Editor |
Publisher | : |
Total Pages | : 1392 |
Release | : 2021-03 |
Genre | : |
ISBN | : 9780198840107 |
This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.
Author | : Beatriz Campuzano Díaz |
Publisher | : |
Total Pages | : 202 |
Release | : 2011 |
Genre | : Law |
ISBN | : |
The European Union is committed to achieving the goal of creating a network of instruments that will comprehensively cover almost all the aspects of private international law. This will significantly affect the freedom of national legislators to undertake their law-making tasks. However, these two proceedings should not be contrary. As this book demonstrates, European harmonization is being developed from the feedback of the national experiences. The book is the outcome of theoretical and practical research carried out by a group of legal experts from different specialties and jurisdictions. It includes several contributions in the fields of the recently adopted instruments of private international law (e.g., mediation in civil and commercial matters, maintenance obligations, or conflict of law rules on divorce), some national experiences when applying these instruments (in particular in the new EU Member States), and also, the ongoing works in order to review some current instruments (Brussels I) or to approve new ones (e.g., successions or matrimonial property regimes). In conclusion, the book offers an updated and critical contribution to the huge common task of elaboration of a European private international law adopted by the EU institutions.
Author | : Tamás Szabados |
Publisher | : Bloomsbury Publishing |
Total Pages | : 285 |
Release | : 2020-01-23 |
Genre | : Law |
ISBN | : 1509933522 |
Economic sanctions are instruments of foreign policy. However, they can also affect legal relations between private parties – principally in contract. In such cases, the court or arbitration tribunal seized must decide whether to give effect to the economic sanction in question. Private international law functions as a 'filter', transmitting economic sanctions that originate in public law to the realm of private law. The aim of this book is to examine how private international law rules can influence the enforcement of economic sanctions and their related foreign policy objectives. A coherent EU foreign policy position – in addition to promoting legal certainty and predictability – would presuppose a uniform approach not only concerning the economic sanctions of the EU, but also with regard to the restrictive measures imposed by third countries. However, if we examine in detail the application of economic sanctions by Member States' courts and arbitral tribunals, we find a somewhat different picture. This book argues that this can be explained in part by the divergence of private international law approaches in the Member States.