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Author: Stefania Bariatti
Publisher: Bloomsbury Publishing
ISBN: 1847316425
Category : Law
Languages : en
Pages : 1370
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Book Description
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.
Author: Stefania Bariatti
Publisher: Bloomsbury Publishing
ISBN: 1847316425
Category : Law
Languages : en
Pages : 1370
Get Book Here
Book Description
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.
Author: Peter Hay
Publisher:
ISBN: 9781634593083
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
•Chapter 6, concerning the impact of the Constitution, has been streamlined to enhance “teachability.” The 2016 opinion in franchise tax Board versus Hyatt is now included as a principal case. •Chapters 7 and 8 present the central themes of choice of law. Both have been updated substantially. Chapter 8 has been considerably revised to show the progression from the traditional system, to the height of the conflicts revolution, to a developing consensus to consolidate modern analysis in a manner that provides more predictability and certainty. This revision is designed to give students -- most of whom have little or no familiarity with choice of law doctrine -- a b.
Author: Trevor C. Hartley
Publisher: Cambridge University Press
ISBN: 0521868076
Category : Business & Economics
Languages : en
Pages : 963
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Book Description
This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.
Author: Cuniberti, Gilles
Publisher: Edward Elgar Publishing
ISBN: 1839106530
Category : Law
Languages : en
Pages : 487
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Book Description
Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.
Author: Paul Craig (Law)
Publisher:
ISBN: 9780191892219
Category : Law
Languages : en
Pages : 1456
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Book Description
Building on its unrivalled reputation as the definitive EU law textbook, this seventh edition continues to provide clear and insightful analysis of all aspects of European Union law. Drawing on their wealth of experience, Paul Craig and Gráinne de Búrca succeed in bringing together a unique mix of illuminating commentary and well-chosen extracts from a wide range of cases, legislation, and academic publications. Chapters have been carefully structured and designed to enhance student learning at all levels, laying the foundations of the subject while building analysis of more complex areas and cutting-edge debates. The seventh edition has been comprehensively updated to reflect the extensive legal developments that have taken place since publication of the sixth edition, and a new chapter on current challenges facing the EU has been added.
Author: Stefania Bariatti
Publisher: Bloomsbury Publishing
ISBN: 1847317634
Category : Law
Languages : en
Pages : 1676
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Book Description
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.
Author: Pieter Jan Kuijper
Publisher: Oxford University Press, USA
ISBN: 0199682488
Category : Law
Languages : en
Pages : 1160
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Book Description
The EU has established itself as a significant international legal actor. This volume brings together the key primary legal materials relating to the foreign relations powers of the EU and its practices, with editorial commentary. It is an ideal resource for students, scholars, and practitioners in the field.
Author: Peter Hay
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 150
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Book Description
The 2008 Supplement to Conflict of Laws, Twelfth Edition, prepared by Peter Hay (Emory), Russell J. Weintraub (Texas), and Patrick J. Borchers (Creighton), continues the tradition of carefully prepared annual supplements to this widely-used casebook. The 2008 Supplement is longer than past Supplements because it anticipates some of the changes in the forthcoming Thirteenth Edition, which will be published in 2009. Added as a principal case is the 2006 decision by the House of Lords extending the rule that quantification of damages is "procedural" to include statutory limits on damages. The Law Lords thus justify refusal to apply New South Wales statutory limits on damages to a suit in England even though the U.K choice-of-law rule selects New South Wales law. New items in the 2008 Supplement include: a 5th Circuit opinion denying specific jurisdiction to adjudicate a wrongful death claim against a defendant on a defective design theory when the court had jurisdiction to adjudicate the claim under other theories; a Supreme Court of Texas opinion deciding the manner in which forum contacts must be related to the cause of action to satisfy the "arise from or related to" requirement of specific jurisdiction; the French Cour de Cassation stated rules that give generous comity to foreign judgments; the National Conference of Commissioners on Uniform State Laws approved a revision of the Uniform Foreign-Country Money Judgments Recognition Act; the Uniform Law Conference of Canada adopted the Canadian Uniform Enforcement of Foreign Judgments Act, which limits the generous comity that the Supreme Court of Canada has given to foreign judgments; Japan adopted a new conflict of laws code; the Supreme Court of Texas enforced a forum-selection clause in a contract that also contained a choice-of-law clause that a Texas court would not enforce but would be enforced in the chosen forum. There is coverage of developments both in the U.S. and in other countries regarding same-sex legal relationships and their incidents. This topic is already an important source of conflict-of-laws issues and will grow in importance as more U.S. states and foreign countries adopt various forms of such arrangements. In keeping with the comparative approach of the book, the supplement also notes many developments abroad including an opinion of the Court of Justice of the European Communities interpreting the Brussels-I Regulation to further restrict English courts' ability to grant forum non conveniens stays; an opinion of the Supreme Court of Canada extending broad comity to the enforcement of foreign judgments. A feature of the 2008 Supplement is a substantial addition to the casebook's Documentary Appendix that contains more European Union legislation concerning the conflict of laws including: a Council Directive on legal aid for cross-border disputes; the latest and perhaps final draft of a Regulation to replace the Rome Convention on the Law Applicable to Contractual Obligations; a Regulation on the Law Applicable to Non-Contractual Obligations, a draft Regulation that amends the Regulation on jurisdiction and enforcement of judgments in matrimonial matters and introduces rules on the law applicable in matrimonial matters. The Supplement's Documentary Appendix contains extensive notes and comments on the documents.
Author: Ramses A Wessel
Publisher: Bloomsbury Publishing
ISBN: 1509926747
Category : Law
Languages : en
Pages : 561
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Book Description
The first edition of this seminal textbook made a significant impact on the teaching of EU external relations law. This new edition retains the hallmarks of that success, while providing a fully revised and updated account of this burgeoning field. It offers a dual perspective, looking at questions from both the EU constitutional law perspective (the principles underpinning EU external action, the EU's powers, and the role of the Court of Justice of the EU); and the international law perspective (the effect of international law in the EU legal order and the position of the EU in international organisations such as the WTO). A number of key substantive policy areas are explored, including trade, security and defence, police and judicial cooperation, the environment, human rights, and development cooperation. Taking a 'text, cases and materials' approach, it allows students to gain a thorough understanding of milestones in the evolution of EU law in this area, their judicial interpretation and scholarly appraisal. Linking these pieces together through the authors' commentary and analysis ensures that students are given the necessary guidance to properly position and digest these materials. Lastly, each chapter concludes with a section entitled 'The Big Picture of EU External Relations Law', which weaves together the diverse and complex materials into a coherent whole and stimulates critical discussion of the topics covered.
Author: David John Harris
Publisher:
ISBN: 9780421781504
Category : Droit international - Jurisprudence
Languages : en
Pages : 1152
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Book Description
This text draws together in one volume an exhaustive selection of cases, materials and background information on public international law, supplemented by expert commentary and analysis. This sixth edition has been completely revised to incorporate major developments in the subject, including the expansion of human rights issues.
