Download or read book A Conceptual Analysis of European Private International Law written by Felix M. Wilke and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Cross Border Litigation in Europe written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2017-11-16 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.
Download or read book Cross Border Litigation in Central Europe written by Csongor István Nagy and published by Kluwer Law International B.V.. This book was released on 2022-07-12 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-Border Litigation in Central Europe EU Private International Law Before National Courts As a consequence of the ever-increasing intercourse within the enlarged and diverse European Union (EU), a growing number of businesses, consumers, and families rely on EU private international law instruments to seek justice in cross-border disputes. This invaluable reference book offers an in-depth understanding of this process in Central Europe and is the first to provide a comprehensive and analytical overview of the judicial practice in the region and to make this case law accessible in English. Presenting the results of a major EU-funded project (CEPIL), the book offers an insight into the reality of EU private international law and cross-border litigation in Central Europe: it provides a comprehensive and exhaustive presentation of the case law in 10 Central European Member States (Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, and Slovenia); it covers all fields of EU private international law (general civil and commercial, insolvency, family and succession matters); it inquires whether EU private international law functions optimally in the Central European Member States in order to secure a Europe of law and justice; it examines whether EU private international law instruments are applied in a correct and uniform manner and whether national courts deal appropriately with disputes having a cross-border element; it analyzes whether the current legal and institutional architecture is susceptible of securing legal certainty and an effective remedy for cross-border litigants. This important practical resource helps businesses, consumers, families and legal counsels engaged in cross-border mobility to gain access to essential information and analysis as to the application and interpretation of EU private international law in Central Europe. The book is also highly valuable to academics and researchers specializing in private international law by presenting the research findings of the CEPIL project.
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.
Download or read book Research Methods in Private International Law written by Xandra Kramer and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.
Download or read book Brexit A Way Forward written by Marcello Sacco and published by Vernon Press. This book was released on 2019-10-01 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The outcome of the European Union membership referendum in 2016 has presented the United Kingdom with one of its greatest challenges of modern times. As negotiations for an exit strategy continue, this volume looks to open up conversations on the socio-legal implications of such a monumental transition. Aimed at addressing issues relating to Brexit that affect every aspect of British society, this book seeks to not just list the problems but to offer viable solutions for “the way forward”. Divided into three parts, this book presents a comprehensive yet accessible discussion of the impact of Brexit on the United Kingdom. Part I brings together three social studies that reveal that Brexit may be the result of international nationalist narratives, and that the choice to leave the EU is already affecting Brits abroad and the future opportunities for British students. Part II turns its attention to national legal issues that are affected such as the Irish border, waste management, moral copyright, and the support of local enterprises. Lastly, Part III investigates commercial law touching on important topics such as international litigation, insolvency and tax law. As this publication suggests eventual solutions to several issues caused by Brexit, it may be of interest to not only other academics working in the field, but also to policy makers and relevant stakeholders.
Download or read book Private International Law A Hungarian Perspective written by Csongor István Nagy and published by BRILL. This book was released on 2024-05-06 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a concise and analytical introduction to private international law in Hungary: international jurisdiction of courts, choice of law (applicable law) and the recognition and enforcement of foreign judicial decisions. It presents both Hungarian conflicts rules and their judicial practice and the application of EU conflicts rules by Hungarian courts.
Download or read book International Commercial Courts written by Stavros Brekoulakis and published by Cambridge University Press. This book was released on 2022-04-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers a comprehensive analysis of the role, importance and place of international commercial courts in the field of international adjudication from a comparative perspective. In a time where scholarly and academic debates revolve around the issues of the role of law in the post-globalization era, the new international commercial courts seem to be in the position to bridge concerns regarding diminished sovereignty, on the one hand, and the necessity of globalizing dispute resolution, on the other. International commercial courts thus present themselves as the paradigm for the future of adjudication.
Download or read book Treatment of Foreign Law Dynamics towards Convergence written by Yuko Nishitani and published by Springer. This book was released on 2017-07-04 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction. Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as “law” and provide for the ex officio application and ascertainment of foreign law by judges. Common law jurisdictions consider foreign law as “fact” and require that parties plead and prove foreign law. A closer look at various reports, however, reveals more differentiated features with their own nuances among civil law jurisdictions, and the difference of the treatment of foreign law from other facts in common law jurisdictions. This challenges the appropriacy of the conventional “law-fact” dichotomy. This book further examines the need for facilitating access to foreign law. After carefully analyzing the benefits and drawbacks of existing instruments, this book explores alternative methods for enhancing access to foreign law and considers practical ways of obtaining information on foreign law. It remains to be seen whether and the extent to which legal systems around the world will integrate and converge in their treatment of foreign law.
Download or read book EU Law and Private International Law written by Jan-Jaap Kuipers and published by Martinus Nijhoff Publishers. This book was released on 2011-11-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Codifying Choice of Law Around the World written by Symeon Symeonides and published by Oxford University Press, USA. This book was released on 2014 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book is a comparative study of the choice-of-law codifications and convenƯ tions adopted in each of the inhabited continents in the last so years. Its main purpose is to document and inform rather than to critique. Although I do not always hide my opinion, I continue to act on the conviction that what we can learn from legislators is far more important than what they can learn from us" -- PREFACE.
Download or read book The Challenges of the New EU Pharmaceutical Legislation written by José Luis Valverde and published by IOS Press. This book was released on 2005 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the domain of public policy on pharmaceuticals, protecting public health requires a dual strategy: robust regulation on the one hand and stimulation of competitiveness and innovation on the other. Regulation must be robust to ensure that only medicines meeting exact standards of safety, quality and efficacy are authorised for human and animal use. At the same time competitiveness and innovation must be stimulated. Without innovation in pharmaceuticals, the incurable diseases of today will remain incurable. Competitiveness drives innovation and innovation saves lives. Increased competitiveness of the pharmaceutical sector will not only better protect public health, but will also create high quality jobs and create growth. In this context the implementation of the G10 recommendations, particularly regarding the pricing and reimbursement of medicines by Member States, remains a considerable challenge.
Download or read book Cross Border Litigation in Europe written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2017-11-16 with total page 1076 pages. Available in PDF, EPUB and Kindle. Book excerpt: This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.
Download or read book Health at a Glance Europe 2016 State of Health in the EU Cycle written by OECD and published by OECD Publishing. This book was released on 2016-11-23 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fourth edition of Health at a Glance: Europe presents key indicators of health and health systems in the 28 EU countries, 5 candidate countries to the EU and 3 EFTA countries.
Download or read book Concise Introduction to EU Private International Law written by Michael Bogdan and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of 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 by many law schools, both to their own students and to exchange students from other countries. The book will also be useful as a springboard towards more profound studies of statutory texts, case law, and legal literature. *** Review of the First Edition: "For anyone interested in learning about the major sources of PIL in the EU, this book provides a useful overview, taking a very methodical, step-by-step look at each of the major instruments...the book is a highly useful breakdown of the relevant instruments in EU Private International Law...It is a great first attempt by Bogdan to piece together the most relevant legislation on the subject, and, to the reviewer's knowledge, the book is the only condensed textbook on EU PIL in existence." -- Jeffrey Goetz, International Law and Politics [Subject: EU Law, Private International Law]
Download or read book EU Policy Making on GMOs written by Mihalis Kritikos and published by Springer. This book was released on 2017-11-02 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the development and implementation of the EU’s legislative framework on the commercial release of GMO products as a case study of social regulation operating within a predominantly technical framework. The analysis and findings are based on an extensive documentary analysis and interviews with regulators, risk assessors, public interest groups and biotechnology experts at the national and European levels. It argues that in the case of the EU biotechnology framework, the particular institutional settings created for the formulation and interpretation of its provisions have been of decisive importance in elaborating a proceduralised ‘science-based’ prior authorization scheme as the preferred framework for granting commercial permits. This interdisciplinary work will appeal to EU lawyers, decision-makers and risk managers as well as academics working in the fields of EU studies, politics, law, risk governance sociology of science/risk and technology assessment. The book is based on a PhD thesis that was awarded with the 2008 UACES Prize for the Best Thesis in European Studies in Europe and with the EPEES 1st Prize for the Best Thesis written by a Greek Researcher between 2004 and 2008.
