European Private International Law and Member State Treaties with Third States

European Private International Law and Member State Treaties with Third States
Author: Nadjma Yassari
Publisher:
Total Pages: 0
Release: 2019
Genre: Conflict of laws
ISBN: 9781780686646

This book analyses the background, scope and practical impact of bilateral treaties and multilateral conventions concluded by selected Member States of the European Union with Third States, both from the European and the Third State perspective.

Research Handbook on EU Private International Law

Research Handbook on EU Private International Law
Author: Peter Stone
Publisher: Edward Elgar Publishing
Total Pages: 423
Release: 2015-05-29
Genre: Law
ISBN: 1781954550

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 subst

Blurry Boundaries of Public and Private International Law

Blurry Boundaries of Public and Private International Law
Author: Poomintr Sooksripaisarnkit
Publisher: Springer Nature
Total Pages: 287
Release: 2022-02-23
Genre: Law
ISBN: 9811684804

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.

Balkan Yearbook of European and International Law 2022

Balkan Yearbook of European and International Law 2022
Author: Ivana Kunda
Publisher: Springer Nature
Total Pages: 222
Release: 2023-05-12
Genre: Law
ISBN: 3031294327

The fourth volume of the Balkan Yearbook of European and International Law (BYEIL) presents nine new articles offering scholarly insights into a variety of legal issues, with a special focus on the countries of Southeast Europe. All six articles in the special section reflect the authors’ efforts to untangle difficult questions concerning family property in private international law. Addressing a range of topics, leading national experts in the respective areas discuss Bosnian and Herzegovinian, Croatian, Greek, Lithuanian and Turkish law. In turn, the general sections on European law and international law include three articles on diverse topics in private and public law, from a fresh take on the legal and practical effects of Brexit over EUTMs, and the legal nature of cryptocurrencies in different jurisdictions, to difficulties establishing the rule of law in Bosnia and Herzegovina.

Public Policy and Private International Law

Public Policy and Private International Law
Author: Meyer, Olaf
Publisher: Edward Elgar Publishing
Total Pages: 503
Release: 2022-09-06
Genre: Law
ISBN: 1789902665

The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.

Localisation of Damage in Private International Law

Localisation of Damage in Private International Law
Author: Olivera Boskovic
Publisher: BRILL
Total Pages: 554
Release: 2024-07-14
Genre: Law
ISBN: 9004711872

Localisation in private international law of torts is a notoriously difficult question. How do you localize financial or moral damage? What about latent damage? Should damage in the context of cyber-torts be localized differently? The great variety of tortious actions gives rise to endless difficulties ranging from banal situations involving material damage to climate change. Trying to find suitable solutions requires answering many difficult questions, such as the very definition of damage within the meaning of private international law rules, the influence of various considerations such as foreseeability, protection of the claimant, and the remedy sought. The contributions in this volume address these questions and more from the perspectives of 17 different countries, from Austria to Venezuela.

Turkey and Central and Eastern European Countries in Transition

Turkey and Central and Eastern European Countries in Transition
Author: V. Balasubramanyam
Publisher: Springer
Total Pages: 305
Release: 2016-05-23
Genre: Business & Economics
ISBN: 0333978005

This book offers a comparative study of the Central and Eastern European and Turkish economies that analyses the implications of EU enlargement. The contributors discuss issues related to the creation of a legal infrastructure that encourages entrepreneurial initiative, fair competition, market forces and investor confidence. They assess the benefits of following prudent monetary and fiscal policies together with appropriate competition, trade and foreign direct investment policies in Turkey and Central and Eastern Europe.

Private International Law Aspects of Corporate Social Responsibility

Private International Law Aspects of Corporate Social Responsibility
Author: Catherine Kessedjian
Publisher: Springer Nature
Total Pages: 697
Release: 2020-03-06
Genre: Law
ISBN: 3030351874

This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

Diversity and Integration in Private International Law

Diversity and Integration in Private International Law
Author: Verónica Ruiz Abou-Nigm
Publisher:
Total Pages: 0
Release: 2021-05-26
Genre: Law
ISBN: 9781474447867

Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.