Download or read book The European Private International Law of Employment written by Uglješa Grušić and published by Cambridge University Press. This book was released on 2015-05-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uglješa Grušić examines the legal regulation of transnational employment relationships in the private international law of the European Union.

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).

Download or read book Rome I Regulation written by Franco Ferrari and published by Walter de Gruyter. This book was released on 2009-11-16 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Will the new Rome I Regulation meet its goals - to improve the predictability of the outcome of litigation? - to bring certainty as to the law applicable and the free movement of judgments? - to designate the same national law irrespective of the country of the court in which an action is brought? The most important features of this instrument were outlined and discussed by distinguished legal experts from all over Europe and beyond at the conference "The Rome I Regulation", held in Verona on March 2009. This first book in English on the Rome I Regulation contains the papers submitted to that conference.

Download or read book Autonomy in International Contracts written by Peter Edward Nygh and published by Oxford University Press. This book was released on 1999 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum. The book focuses on the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe. This fascinating analysis will be welcomed by practitioners and scholars alike.

Download or read book Insurance in Private International Law written by Francesco Seatzu and published by Hart Publishing. This book was released on 2003-07 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an analysis of insurance in private international law for international business lawyers, including discussion of the jurisdictional and choice of laws issues arising from cross-border contracts of insurance and reinsurance concluded by electronic means.

Download or read book Les bases thiques pour le droit et la soci t written by and published by Martinus Nijhoff Publishers. This book was released on 1986-10-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Problèmes de Conflits de Lois en Matière de Filiation, Jacques Foyer Jacques Foyer, Professor at the University of Paris II, notes in introduction of his course that it can be enlightening to compare the different modern methods of solution of the conflict of laws regarding filiation. The study of the different systems shows that there exist at least three methods to contradict the classic choice-of-law rule. The course is structured around the analysis of these three methods. Firstly, it is the criticism of the rigid character and the unpredictability of the traditional rule that triggers the temptation of a manipulation of the choice of law rule. The author then points out that one could question its abstract and arbitrary character, which leads on the one hand to an attempt to hierarchization, and on the other hand, to a diversification of the choice-of-law rules. Lastly, it is the principle of the foreign law's purpose to govern legal relationships in the same way as the lex fori that is questioned, which leads to its partial elimination to the profit of a more or less systematic application of the territorial law or of the one of the court hearing the action. General Course on Private International Law, Friedrich K. Juenger According to Friedrich Juenger, Professor at the University of California in Davis, the outstanding characteristic of the conflict of laws is the lack of consensus on the discipline's goals and methods. He proposes to put the accent in his course on the events for which public international law must find a solution in order to avoid the constant danger that threatens the discipline: that is, to become a simple academic game. Three examples of reported cases and the kinds of issues they raise are given in the Introduction. Professor Juenger next gives a detailed historical overview of the conflict of laws, from Antiquity to Mancini. In addition, the author presents the emergence of new orthodoxies, or rather proposes to re-examine the traditional doctrines, and points out the advantages of a teleological approach. That allows him to revisit the three cases mentioned in the Introduction. Les Bases éthiques pour le Droit et la Société Perspectives de la Commission indépendante sur les questions humanitaires internationales, Sadruddin Aga Khan Conference of July 30, 1985 Sadruddin Aga Khan, President of the Independent Commission on International Humanitarian Issues, recalls in his course on the ethical bases of law and society that the role of the commission he presides is to remind us of the basic elements of a code of ethics which has the same spiritual significance as that found in all major religions. Lawyers as well as scientists, adds the author, must mobilize their immense resources, bearing in mind that the rule of law should never disregard moral appreciation.

Download or read book Private International Law Aspects of Corporate Social Responsibility written by Catherine Kessedjian and published by Springer Nature. This book was released on 2020-03-06 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Consumer Law and Socioeconomic Development written by Claudia Lima Marques and published by Springer. This book was released on 2017-07-14 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects the research output of the Committee on the International Protection of Consumers of the International Law Association (ILA). The Committee was created in 2008, with a mandate to study the role of public and private law to protect consumers, review UN Guidelines, and to model laws, international treaties and national legislations concerning protection and consumer redress. It has been accepted to act as an observer not only when the UNCTAD was updating its guidelines, but also at the Hague Conference on Private International Law. The book includes the contributions of various Committee members in the past few years and is a result of the cooperation between the Committee members and experts from Australia, Brazil, Canada and China. It is divided into three parts: the first part addresses trends and challenges in international protection of consumers, while the second part focuses on financial crises and consumer protection and the third part examines national and regional consumer law issues.

Download or read book International Conflict of Laws for the Third Millennium Essays in Honor of Friedrich K Juenger written by Patrick Borchers and published by BRILL. This book was released on 2021-11-22 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few scholars have contributed more to this new and important view of conflict of laws than Professor Friedrich K. Juenger of the University of California, Davis. In this Festschrift in his honor, leading scholars from North America and Europe bring their vision and expertise to bear on this core issue of private international law, reflecting the multiple facets of a fundamental doctrine as it adapts to new and unprecedented global realities. Published under the Transnational Publishers imprint.

Download or read book User Protection in IT Contracts A Comparative Study of the Protection of the User Against Defective Performance in Information Technology written by Clarisse Girot and published by Kluwer Law International B.V.. This book was released on 2001-03-06 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers the theme of the protection of the user in the field of Information Technology, and more specifically in relation to software licences, electronic information services and Internet access services. Litigation in IT usually stems from the users' feeling that their expectations have been frustrated at performance. When dealing with such cases, the courts seem to increasingly take the objective of user protection into account. How is this protection implemented? Is this trend generally desirable? Is this judicial protection excessive? What are the constraints met by IT providers that should be taken into account in litigation? How can the user's position be improved? User Protection in IT Contracts extensively presents the reasons why, and the ways in which national courts may decide a case in favour of the user. Many practical issues are considered in this respect. Which factors appear relevant to deal with liability claims in IT? Are exemption clauses always enforceable? What are the implications of information duties for IT providers? How can general conditions be safely incorporated to a contract? This book exhaustively reviews these and other issues in English, Dutch and French law.

Download or read book E U Sales Directive written by C. Massimo Bianca and published by Intersentia nv. This book was released on 2002 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: European standards of interpretation (including interpretation of comparative law) and reference to the directive and to instruments of European law are now part of sound legal practice even in the most routine of domestic cases. The huge reforms in many national laws, in some countries the rewriting of their Code to reflect the Directive, is no more than good approximation. What really matters and what ultimately will be the decisive standard is the Directive. The Geneva Conventions on bills of exchange and cheques, the Vienna Convention on the International Sale of Goods and the Brussels Convention on jurisdiction and recognition of judgments were milestones. They did not, however, influence national private law in its core area as profoundly and as extensively as the EU Sales Law Directive will. This book starts off by explaining the instruments of European law and their influence on national law and lays solid foundations for a thorough transnational understanding of every single pro-vision of the directive. Also discussed are the philosophical, historical and economic foundations of the different rules, which are followed by a detailed commentary on each individual article. Contributions to this book are made by C.M. Bianca, M. Bridge, W. van Gerven, F. Gomez, S. Grundmann, E. Hondius, P. Malinvaud, A.L. Serrano, P. Sirena and S. Stijns.

Download or read book International Maritime Labour Law written by Laura Carballo Piñeiro and published by Springer. This book was released on 2015-05-25 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on maritime employment from a private international law perspective. The first chapter analyzes the background against which international jurisdiction and conflict of laws rules are drawn up and examines uniform law in this context, in particular the 2006 Maritime Labour Convention and the 2007 ILO Convention No. 188 on Work in Fishing. The second chapter addresses international jurisdiction issues as regards individual employment contracts, while also exploring other issues (e.g. insolvency-related and social security matters) that are subsequently revisited in the third chapter while discussing conflict of laws issues related to said contracts. In turn, chapter four focuses on collective labour relations and private international law, i.e. collective agreements, strikes and other forms of collective action and information, and on the participation rights of employees in business matters.

Download or read book More Equal than Others written by Daniele Amoroso and published by Springer Nature. This book was released on 2022-11-18 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what – if any – the common core of this principle is. The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations. The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality. Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy. Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy. Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy. Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy. Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.

Download or read book International Joint Ventures written by Dennis Campbell and published by Kluwer Law International B.V.. This book was released on 2009-04-01 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joint ventures have become a common vehicle for companies to create strategic alliances with partners that have complementary capabilities and resources, fostering opportunities to exploit distribution channels, technology, or finance in ways not available to the sole partners. Simply put, in a joint venture, two or more parent companies agree to pool defined capital, technology, human resources, risks, and rewards in the formation of a distinct entity under shared control. The complexities of such an arrangement are magnified when the project embraces more than one jurisdiction. In this special issue of the Comparative Law Yearbook of International Business, practitioners who have specialized in domestic and cross border joint venture formations report on their respective jurisdictions as well as particular cross border issues. The volume provides national reports on Brazil, Bulgaria, Chile, China, Cyprus, the Czech Republic, Greece, India, Italy, Japan, Kuwait, Lebanon, The Philippines, Romania, Trinidad & Tobago, Turkey, and Vietnam. European competition law relative to joint ventures, taxation issues in The Netherlands, and governing law also are treated.

Download or read book Enforcement of International Contracts in the European Union written by Johan Meeusen and published by Intersentia nv. This book was released on 2004 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The enforcement of international contracts in the European Union is increasingly dependent on Community (rather than national) private international law. This book examines the present status and future prospects of Community private international law in the contractual area. It focuses in particular upon the joint analysis of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (which is likely to be converted in the near future into the Rome I-regulation) and the Brussels I-regulation. Rather than attempting a comprehensive study of Brussels I and Rome I, this book examines a number of key issues considered particularly pertinent from the point of view of the coherence between both instruments. This approach should contribute to the consistency of Community policy-making and legislation in the field of international contracts, to the benefit of market participants. This book is the culmination of a research project funded by the European Commission (DG Justice and Home Affairs, Framework programme for judicial co-operation in civil matters) and co-ordinated by the University of Antwerp Belgium. Eminent European experts have contributed to the book which should prove of interest to law makers, academics and practitioners concerned with the enforcement of contracts in a cross-border context.

Download or read book Concise Commentary on the Rome I Regulation written by Franco Ferrari and published by Cambridge University Press. This book was released on 2020-05-21 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an updated article-by-article commentary of the Rome I Regulation, applicable in the courts of nearly all European countries to identify the law applicable to international contracts. The commentary is authored by an international group of academics and practitioners, who all have practical experience with international contracts and, thus, were able to focus on the needs of practice. This volume will be not only a reference guide for judges and practitioners alike, but also a crucial resource for academics and researchers.

Download or read book E Pluribus Unum Liber Amicorum Georges A L Droz on the Progressive Unification of Private International Law written by Georges Droz and published by Kluwer Law International B.V.. This book was released on 1996-06-07 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unification of Private International Law is a goal to which all the contributors to this impressive volume have committed themselves, and one which seems increasingly to attract the attention of legal practitioners, researchers, writers and legislators. The essays give a unique overview of the current state of the law with respect to those areas which have been unified, or which are susceptible to unification. Insights are given into national as well as international practice, and theoretical aspects have not been neglected.