Boundaries Of European Private International Law

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Boundaries of European Private International Law

Jean-Sylvestre Bergé,Stéphanie Francq,Miguel Gardenes Santiago
Boundaries of European Private International Law Book PDF

Author : Jean-Sylvestre Bergé,Stéphanie Francq,Miguel Gardenes Santiago
Publisher : Primento
Page : 745 pages
File Size : 51,5 Mb
Release : 2015-04-22
Category : Law
ISBN : 9782802751649

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Boundaries of European Private International Law by Jean-Sylvestre Bergé,Stéphanie Francq,Miguel Gardenes Santiago Pdf

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).

Boundaries of European private international law

Jean-Sylvestre Bergé,Stéphanie Francq,Miguel Gardeñes Santiago
Boundaries of European private international law Book PDF

Author : Jean-Sylvestre Bergé,Stéphanie Francq,Miguel Gardeñes Santiago
Publisher : Emile Bruylant
Page : 718 pages
File Size : 46,5 Mb
Release : 2015
Category : Conflict of laws
ISBN : 2802746979

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Boundaries of European private international law by Jean-Sylvestre Bergé,Stéphanie Francq,Miguel Gardeñes Santiago Pdf

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 ?

Blurry Boundaries of Public and Private International Law

Poomintr Sooksripaisarnkit,Dharmita Prasad
Blurry Boundaries of Public and Private International Law Book PDF

Author : Poomintr Sooksripaisarnkit,Dharmita Prasad
Publisher : Springer Nature
Page : 287 pages
File Size : 51,5 Mb
Release : 2022-02-23
Category : Law
ISBN : 9789811684807

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Blurry Boundaries of Public and Private International Law by Poomintr Sooksripaisarnkit,Dharmita Prasad Pdf

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.

Linkages and Boundaries in Private and Public International Law

Veronica Ruiz Abou-Nigm,Kasey McCall-Smith,Duncan French
Linkages and Boundaries in Private and Public International Law Book PDF

Author : Veronica Ruiz Abou-Nigm,Kasey McCall-Smith,Duncan French
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 51,9 Mb
Release : 2018-07-26
Category : Law
ISBN : 9781509918645

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Linkages and Boundaries in Private and Public International Law by Veronica Ruiz Abou-Nigm,Kasey McCall-Smith,Duncan French Pdf

Do private and public international law coincide in their underlying objectives when it comes to their respective contribution to the realisation of global values? How do they work together towards the consistency and efficiency of the international legal order? This edited collection sets out a vision: to serve modern society, the international legal order cannot be defined as public or private. Linkages and Boundaries focuses on the interface between private and public international law and the synergies that a joint approach brings to topical issues, such as corporate social responsibility and environmental law, as well as foundational concepts such as international jurisdiction, state sovereignty and party autonomy. The book showcases the dynamic interaction between the two disciplines, with a view to contribute to a dialogue that is still only in the early stages of delivering its full potential. The collection explores ways to deepen the dialogue between these two distinct but interrelated disciplines, with a view to further their progression towards a more integrated and holistic approach to legal problems that require an international approach. The book brings together well-known experts and new voices from both disciplines and from a wide range of jurisdictions in Europe, North America and South America.

General Principles of European Private International Law

Stefan Leible
General Principles of European Private International Law Book PDF

Author : Stefan Leible
Publisher : Kluwer Law International B.V.
Page : 418 pages
File Size : 47,7 Mb
Release : 2016-02-22
Category : Law
ISBN : 9789041159649

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General Principles of European Private International Law by Stefan Leible Pdf

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.

EU Private International Law

Peter Stone
EU Private International Law Book PDF

Author : Peter Stone
Publisher : Edward Elgar Publishing
Page : 592 pages
File Size : 54,9 Mb
Release : 2014-09-26
Category : Law
ISBN : 9781782544517

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EU Private International Law by Peter Stone Pdf

Thoroughly revised and updated, this third edition of EU Private International Law incorporates many developments in legislation and case-law since the publication of the second edition in 2010. Building on the book�s reputation for comprehensive cover

Concise Introduction to EU Private International Law

Michael Bogdan
Concise Introduction to EU Private International Law Book PDF

Author : Michael Bogdan
Publisher : Apollo Books
Page : 244 pages
File Size : 45,8 Mb
Release : 2012
Category : Civil law
ISBN : 9089521089

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Concise Introduction to EU Private International Law by Michael Bogdan Pdf

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.

Borders, Legal Spaces and Territories in Contemporary International Law

Tommaso Natoli,Alice Riccardi
Borders Legal Spaces and Territories in Contemporary International Law Book PDF

Author : Tommaso Natoli,Alice Riccardi
Publisher : Springer Nature
Page : 266 pages
File Size : 41,7 Mb
Release : 2019-09-12
Category : Law
ISBN : 9783030209292

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Borders, Legal Spaces and Territories in Contemporary International Law by Tommaso Natoli,Alice Riccardi Pdf

This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.

Private Law in the External Relations of the EU

Marise Cremona,Hans-W. Micklitz
Private Law in the External Relations of the EU Book PDF

Author : Marise Cremona,Hans-W. Micklitz
Publisher : Oxford University Press
Page : 353 pages
File Size : 43,5 Mb
Release : 2016
Category : Law
ISBN : 9780198744566

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Private Law in the External Relations of the EU by Marise Cremona,Hans-W. Micklitz Pdf

This edited volume explores the interaction between EU external relations law and private law, examining how the relationship has affected the evolution of the EU's competence, the extent of EU private law's reach beyond the boundaries of an internal market, and how the EU contributes to the formation of private regulation at an international level.

Yearbook of Private International Law

Petar Sarcevic,Paul Volken
Yearbook of Private International Law Book PDF

Author : Petar Sarcevic,Paul Volken
Publisher : sellier. european law publ.
Page : 429 pages
File Size : 40,9 Mb
Release : 2004-06-30
Category : Conflict of laws
ISBN : 9783935808453

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Yearbook of Private International Law by Petar Sarcevic,Paul Volken Pdf

From 2005 on the Yearbook of Private International Law is published by S.ELP in cooperation with the Swiss Institute of Comparative Law. This English-language annual publication provides analysis and information on private international law developments world-wide. The Editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, The Hague Academy, UNCITRAL and UNIDROIT. The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners.

Les frontières du droit privé européen / The Boundaries of European Private Law

Elise Poillot,Isabelle Rueda
Les fronti res du droit priv europ en The Boundaries of European Private Law Book PDF

Author : Elise Poillot,Isabelle Rueda
Publisher : Éditions Larcier
Page : 376 pages
File Size : 43,9 Mb
Release : 2012-09-04
Category : Law
ISBN : 2804451038

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Les frontières du droit privé européen / The Boundaries of European Private Law by Elise Poillot,Isabelle Rueda Pdf

Situé au confluent de plusieurs logiques d’intégration, le droit privé européen déplace les frontières juridiques, que ces frontières soient spatiales ou matérielles. Son développement s’accompagne en outre d’une évolution des méthodes appliquées au droit. Le présent ouvrage analyse ces transformations. Le degré d’européanisation du droit privé est variable selon le secteur envisagé. Discuter des frontières du droit privé européen conduit dès lors à discuter des objectifs, des obstacles et des limites de cette européanisation, tout en soulignant la relativité même de la frontière entre droit public et droit privé. ---- European private law results from the continuous interaction between different integration processes. Its expanding scope redraws the shape of many legal boundaries, be they substantive or territorial, and along with these evolutions come mutations in legal regulation. This book considers these phenomena by successively adopting a general/methodological and a specific/disciplinary approach. The degree of Europeanisation varies depending on the legal field involved. To discuss the boundaries of European Private Law leads therefore to discuss the objectives, obstacles and limits to Europeanisation. It also underscores the relativity of the (continental) boundary between public and private law.

EU Private International Law

Peter Stone
EU Private International Law Book PDF

Author : Peter Stone
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 51,9 Mb
Release : 2006
Category : Conflict of laws
ISBN : 1845420152

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EU Private International Law by Peter Stone Pdf

This book focuses on harmonization of conflict laws at the European Community level, which has been driven by the introduction of a series of conventions and regulations. It offers critical assessment of these advances across four main areas of concern: civil jurisdiction and judgments; the law applicable to civil obligations; family law; and insolvency.

European Private International Law

Geert van Calster
European Private International Law Book PDF

Author : Geert van Calster
Publisher : Bloomsbury Publishing
Page : 759 pages
File Size : 48,9 Mb
Release : 2024-01-25
Category : Law
ISBN : 9781509970926

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European Private International Law by Geert van Calster Pdf

This classic textbook provides a thorough overview of European private international law. It is essential reading for both practitioners and students of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores. Opening with foundational questions, the book 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 private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters. 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.

The European Private International Law of Employment

Uglješa Grušić
The European Private International Law of Employment Book PDF

Author : Uglješa Grušić
Publisher : Cambridge University Press
Page : 383 pages
File Size : 41,5 Mb
Release : 2015-05-28
Category : Law
ISBN : 9781107082946

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The European Private International Law of Employment by Uglješa Grušić Pdf

Uglješa Grušić examines the legal regulation of transnational employment relationships in the private international law of the European Union.

Private International Law

Franco Ferrari,Diego P. Fernández Arroyo
Private International Law Book PDF

Author : Franco Ferrari,Diego P. Fernández Arroyo
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 41,7 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781789906905

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Private International Law by Franco Ferrari,Diego P. Fernández Arroyo Pdf

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.