Research Handbook on EU Private International Law

Research Handbook on EU Private International Law PDF

Author: Peter Stone

Publisher: Edward Elgar Publishing

Published: 2015-05-29

Total Pages: 423

ISBN-13: 1781954550

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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

Boundaries of European Private International Law

Boundaries of European Private International Law PDF

Author: Jean-Sylvestre Bergé

Publisher: Primento

Published: 2015-04-22

Total Pages: 747

ISBN-13: 2802751646

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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).

Treaty Conflict and the European Union

Treaty Conflict and the European Union PDF

Author: Jan Klabbers

Publisher: Cambridge University Press

Published: 2009

Total Pages: 285

ISBN-13: 0521455464

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Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.

Concise Introduction to EU Private International Law

Concise Introduction to EU Private International Law PDF

Author: Michael Bogdan

Publisher: Apollo Books

Published: 2012

Total Pages: 244

ISBN-13: 9789089521088

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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.

International Law as Law of the European Union

International Law as Law of the European Union PDF

Author: Enzo Cannizzaro

Publisher: Martinus Nijhoff Publishers

Published: 2011-10-28

Total Pages: 429

ISBN-13: 9004188576

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With a view to recent developments in both the EU and the global legal order, International Law as Law of the European Union explores how, and to what extent, international law still forms part of, and plays a role in, the current legal order of the European Union.

International Law and the European Union

International Law and the European Union PDF

Author: Jed Odermatt

Publisher: Cambridge University Press

Published: 2021-10-21

Total Pages: 273

ISBN-13: 1108901239

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The European Union plays a significant role in international affairs. International Law and the European Union examines the impact this has had on public international law by integrating perspectives from both EU law and international law. Its analysis focuses on fields of public international law where the EU has had an influence, including customary international law, the law of treaties, international organizations, international dispute settlement, and international responsibility. International Law and the European Union shows how the EU has had a subtle but significant impact on the development of international law and how the international legal order has developed and adjusted to accommodate the EU as a distinct legal actor. In doing so, it contributes to our understanding of how international law addresses legal subjects other than States.

Cases and Materials on EU Private International Law

Cases and Materials on EU Private International Law PDF

Author: Stefania Bariatti

Publisher: Bloomsbury Publishing

Published: 2011-04-13

Total Pages: 1676

ISBN-13: 1847317634

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Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments. This title is included in Bloomsbury Professional's International Arbitration online service.

The European Union and Member State Territories: A New Legal Framework Under the EU Treaties

The European Union and Member State Territories: A New Legal Framework Under the EU Treaties PDF

Author: Fiona Murray

Publisher: Springer Science & Business Media

Published: 2012-01-05

Total Pages: 281

ISBN-13: 9067048267

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The book reviews the EU Treaties provisions governing relations between the EU and Member State territories, such as the Netherlands Antilles, the UK Channel Islands and the French Overseas Departments. The book includes an overview of each of the relevant territories, including their present constitutional relations with their Member State and their legal relations with the EU. Prior to the entry into force of the Lisbon Treaty, the over-arching Treaty provision for this relationship was Article 299 of the EC Treaty. Having traced the development of Article 299 from 1957 to the present Lisbon framework, the book identifies many inconsistencies and issues with this current framework and proposes a new model framework, one that is more concise and up-to-date and which is adaptable to possible future developments. Useful for EU Law departments and Research Centres, EU Think Tanks, EU Institutions Libraries, Permanent Representatives to the EU and law firms specializing in EU law.