-PDF Download- Unifying And Harmonising Substantive Law And The Role Of Conflict Of Laws EBOOK

Unifying and Harmonising Substantive Law and the Role of Conflict of Laws

Author: Katharina Boele-Woelki

Publisher: BRILL

Published: 2010-07-05

Total Pages: 288

ISBN-13: 9004249958

Also available as an e-book Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving this objective is, generally, hindered by conflict of law rules. The requirements which non-national law needs to fulfil in order to be accepted as the law governing a cross-border relationship deserve clarification. Not only uniform law, such as the CISG and the envisaged European substantive law instrument for the law of obligations, but, particularly, instruments which are aimed at harmonizing substantive law, challenge the established systems of conflict of laws. In seeking a positive approach towards the application of a law other than national law various aspects need to be considered: (1) is the decision taken by a court or an arbitral tribunal; (2) what field of law (contract/delict/tort or family relationships) is involved; and (3) the objective or subjective (choice by the parties) designation of the applicable law.

Unifying and Harmonising Substantive Law and the Role of Conflict of Laws

Author:

Publisher: Martinus Nijhoff Publishers

Published: 2010-07-05

Total Pages: 289

ISBN-13: 9004186832

DOWNLOAD EBOOK →

Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving this objective is, generally, hindered by conflict of law rules. The requirements which non-national law needs to fulfil in order to be accepted as the law governing a cross-border relationship deserve clarification. Not only uniform law, such as the CISG and the envisaged European substantive law instrument for the law of obligations, but, particularly, instruments which are aimed at harmonizing substantive law, challenge the established systems of conflict of laws. In seeking a positive approach towards the application of a law other than national law various aspects need to be considered: (1) is the decision taken by a court or an arbitral tribunal; (2) what field of law (contract/delict/tort or family relationships) is involved; and (3) the objective or subjective (choice by the parties) designation of the applicable law.

Principles of the Conflict of Laws

Author: Kurt Lipstein

Publisher: Brill Archive

Published: 1981-09-16

Total Pages: 160

ISBN-13: 9789024725441

DOWNLOAD EBOOK →

This book is a revised updated version of the General Course of Lectures on Private International Law delivered at the Hague Academy of International Law in 1990. The overall purpose is to examine the development & reform of choice of law rules in a number of common law jurisdictions. Much has been written about the 'Revolution' in conflict of laws in the U.S.A.; rather less account, however, has been taken of the major changes elsewhere in the common law world. This work serves to provide a critical account of those developments over the past few decades. Some changes are more recent & of international origin, such as the European Community Rome Convention (1980) on the law applicable to contractual obligations or the Hague Conventions on Child Abduction (1980), on Marriage (1978) & on Succession (1988), & consideration is given to their impact on common law jurisdictions. The process of change is a continuous one & attention is also devoted to current proposals for reform in the fields, for example, of domicile & torts.

Perspectives for the Unification and Harmonisation of Family Law in Europe

Author: Katharina Boele-Woelki

Publisher: Intersentia nv

Published: 2003

Total Pages: 600

ISBN-13: 9050952879

DOWNLOAD EBOOK →

Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

Conflict of Laws

Author: Peter Hay

Publisher: West Academic Publishing

Published: 2005

Total Pages: 436

ISBN-13:

DOWNLOAD EBOOK →

Intended to assist students in reviewing all aspects of procedural and substantive law that bear upon multi-state and International cases, such as jurisdiction of courts, federal/state court problems, recognition of judgments, pervasive problems of characterization and public policy, and approaches and solutions to choice-of-law problems by subject matter. Contains extensive review questions and model exam questions (with model answers), as well as numerous tables cross-referencing its coverage to all major casebooks in law school use and to Scoles and Hay's Hornbook Conflict of Laws, 3d.

Enhanced Cooperation and European Tax Law

Author: Caroline Heber

Publisher: Oxford University Press

Published: 2021-06-17

Total Pages: 545

ISBN-13: 0192653334

DOWNLOAD EBOOK →

The enhanced cooperation mechanism allows at least nine Member States to introduce secondary EU law which is only binding among these Member States. From an internal market perspective, enhanced cooperation laws are unique as they lie somewhere between unilateral Member State laws and uniform European Union law. The law creates harmonisation and coordination between the participating Member States, but may introduce trade obstacles in relation to non-participating Member States. This book reveals that the enhanced cooperation mechanism allows Member States to protect their harmonised values and coordination endeavours against market efficiency. Values which may not be able to justify single Member State's trade obstacles may outweigh pure internal market needs if an entire group of Member States finds these value worthy of protection. However, protection of the harmonised values can never go as far as shielding participating Member States from the negative effects of enhanced cooperation laws. The hybrid nature of enhanced cooperation laws - their nexus between the law of a single Member State and secondary EU law - also demands that these laws comply with state aid law. This book shows how the European state aid law provisions should be applied to enhanced cooperation laws. Furthermore, the book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.

Efficiency in Private International Law

Author: Toshiyuki Kono

Publisher: BRILL

Published: 2014-12-17

Total Pages: 216

ISBN-13: 9004285083

DOWNLOAD EBOOK →

Also available as an e-book Private international law (PIL) problems have existed for centuries when people from various territories and religious and social groups engaged in mutual contacts. Some of the core issues of this discipline have been critically reviewed during the so-called conflicts revolution which took place during the twentieth century in the American academic literature and court practice. However it seems that not much discussion on methodologies of PIL has developed since then. This book, inspired by the Law and Economics approach, introduces the concept of efficiency into PIL, aiming to show new dimensions of traditionally important issues. First, this author challenges the traditional understanding that uniform law is always more desirable than PIL, and raises questions on the rationale and possibility of the unification of PIL. Second, territoriality has been understood to exclude PIL. This book clarifies why such understanding does not hold in the twenty-first century especially in the field of intellectual property, and argues that a one-sizefits-all model would not be appropriate in the context of cross-border insolvency.

International Reservation of Title Clauses:A Study of Dutch, French and German Private International Law in the Light of European Law

Author: Jacobien Rutgers

Publisher: T.M.C. Asser Press

Published: 2011-01-18

Total Pages: 233

ISBN-13: 9789067044585

DOWNLOAD EBOOK →

The reservation of title clause plays an important role in contemporary trade. Financially, the reservation of title clause is a cheap and simple form of credit granted by the seller without the involvement of a third party. Legally, the reservation of title clause is more complicated, as it constitutes a transfer of title under a condition precedent; the seller remains the owner of the asset sold until the full price is paid. The rules of substantive law relating to the reservation of title clause differ from country to country. Uniform or harmonized rules of substantive law - or even of private international law - are wanting. In this book, submitted as a doctoral thesis to the European University Institute, Department of Law, Florence, Italy, Ms Jacobien W. Rutgers addresses the question as to the problems which may arise if a reservation of title clause is employed within international transactions, especially transactions between Germany, France, and the Netherlands, and in which mode a solution can be found. The author seeks the solution in private international law, since other means of addressing the problem, such as harmonization and unification of substantive law rules, have failed so far. The book is strong in the analysis of the various conflict of laws solutions and pioneering in how it deals with the question of the extent to which the rules of private international law in this field must be in compliance with European law.

Conflict of Laws

Author: Lea Brilmayer

Publisher: Aspen Publishers

Published: 1995

Total Pages: 1032

ISBN-13:

DOWNLOAD EBOOK →

Updated throughout, this revision of Lea Brilmayers's leading casebook-CONFLICT OF LAWS: Cases and Materials-continues to challenge and enlighten your students with an understandable, balanced, and comprehensive introduction To The complex area of conflicts. The book immerses students in choice-of-law problems-the heart of conflicts-followed by a chapter on the courts' struggles for responsive approaches. Five chapters move on to cover broader topics: constitutional limitations on choice of law, personal jurisdiction, The Erie Doctrine, recognition of judgments, and conflicts in the international context. Well known for her scholarship in conflicts, Brilmayer shows the modern relevance-both theoretical and practical-of conflicts. Wherever possible, she inclues cases involving statute of limitations, corporate regulation, and other important state law issues. Revisions include extensive additions To The chapters on... personal jurisdiction, featuring important new cases, Carnival Cruise Lines v. Shute, Burnham b. Superior Court, and others international litigation, including the new Supreme Court decisions in United States v. Verdugo-Urguidez and Hartford Fire Insurance v. California and a new sample problem focusing on the Robert Maxwell bankruptcy pending in U.S. And British courts. In addition, The chapter on federal/state relations now includes Ferens v. John Deere. And the chapter on the struggle for responsive approaches features a new case on the Restatement (Second) of Conflicts.

Constructing Modern European Private Law

Author: Ivan Sammut

Publisher: Cambridge Scholars Publishing

Published: 2016-09-23

Total Pages: 365

ISBN-13: 144389995X

DOWNLOAD EBOOK →

The Europeanisation of European Private Law (EPL) is an ongoing process that has gained momentum with the communautarisation of judicial cooperation in civil and commercial matters with the Amsterdam Treaty. This work examines the governance structure of EPL. It proves that more can be achieved towards the Europeanisation of private law through a new approach involving innovative modes of governance in EPL. In order to test this hypothesis, it is necessary to look at this exercise from three different angles. The first angle provides a study about the tools and the context with which one can further Europeanise private law and bridge the gaps between the main legal families, common law and civil law. The second angle encompasses a study of what has and what has not been achieved in the development of EPL by looking at both EU and non-EU initiatives. The final angle then examines the role of governance in the future development of EPL. As such, this study confirms that the further Europeanisation of EPL requires a multi-level mode of governance, confirming the traditional supra-national Community Method mode of governance in EPL with the introduction of intra-governmental innovative methods in EPL such as the Open Method of Coordination (OMC) and soft-law. These innovative modes, together with the traditional mode of governance, can take forward the development of EPL so that it can better serve the needs of the European legal community in the future.