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Author: Tobias Lutzi
Publisher: Bloomsbury Publishing
ISBN: 1509958932
Category : Law
Languages : en
Pages : 377
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Book Description
This book looks at the question of extending the reach of the Brussels Ia Regulation to defendants not domiciled in an EU Member State. The Regulation, the centrepiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation. To provide a basis for the discussion of its possible extension, this volume takes a closer look at the national rules that currently govern the question of jurisdiction over non-EU defendants in each Member State through 17 national reports. The insights gained from them are summarised in a comparative report and critically discussed in further contributions, which look at the question both from a European and from a wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers.
Author: Tobias Lutzi
Publisher: Bloomsbury Publishing
ISBN: 1509958932
Category : Law
Languages : en
Pages : 377
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Book Description
This book looks at the question of extending the reach of the Brussels Ia Regulation to defendants not domiciled in an EU Member State. The Regulation, the centrepiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation. To provide a basis for the discussion of its possible extension, this volume takes a closer look at the national rules that currently govern the question of jurisdiction over non-EU defendants in each Member State through 17 national reports. The insights gained from them are summarised in a comparative report and critically discussed in further contributions, which look at the question both from a European and from a wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers.
Author: Anna Beckers
Publisher: Bloomsbury Publishing
ISBN: 1509962948
Category : Law
Languages : en
Pages : 419
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Book Description
Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.
Author: Prof Stuart Sime
Publisher: OUP Oxford
ISBN: 0191637475
Category : Law
Languages : en
Pages : 5737
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Book Description
Providing detailed commentary of unrivalled quality on the process of civil litigation, this is the only major civil work to adopt a narrative approach based on the chronology of a claim. Written by a team of expert practitioners and academics, it provides authoritative analysis on the process of civil litigation from commencement of a claim to enforcement of judgments, addressing civil procedure in the county courts, the High Court, the Court of Appeal, and the Supreme Court. The book also considers more specialist matters such as insolvency proceedings, sale of goods, and human rights, providing expert analysis on a comprehensive level. Commentary is combined with the text of the Civil Procedure Rules (CPR), Practice Directions (PD), and Pre-Action Protocols and Procedural Checklists, all fully cross-referenced to the text to ensure ease of use for the busy practitioner. As well as a detailed and user-friendly index the quick-reference guide inside the front cover provides an alternative point of access for those more familiar with the CPR. Also available, Blackstone's Civil Practice: The Commentary 2013 is a concise new book providing the unique commentary independently from the CPR, PD and other appendix materials. Electronic versions of the Procedural Checklists in Blackstone's Civil Practice 2013 are available from IRIS Laserform.
Author: Peter Stone
Publisher: Edward Elgar Publishing
ISBN: 1784712663
Category : Law
Languages : en
Pages : 967
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Book Description
Within Europe the private international law rules have been harmonized to a very large extent by legislation adopted at EU level and case-law on the interpretation of this legislation. Recent developments include the entry into operation of revised versions of the Brussels I Regulation on civil jurisdiction and judgments and the Regulation on insolvency proceedings, as well as numerous decisions of the European Court and the English courts. The new edition of this authoritative work takes account of recent developments at both EU and UK levels.
Author: Catherine Barnard
Publisher: Bloomsbury Publishing
ISBN: 184731869X
Category : Law
Languages : en
Pages : 345
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Book Description
The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 13 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, John Spencer Founding Editors: Alan Dashwood and Angela Ward Ius Commune Prize 2012 Alexandre Saydé wrote Chapter 15 in this volume entitled: 'One Law, Two Competitions: An Enquiry into the Contradictions of Free Movement Law' and we are delighted to announce that he has been awarded the Ius Commune Prize 2012.
Author: The Rt Hon Lord Justice Maurice Kay
Publisher: Oxford University Press, USA
ISBN: 0199661375
Category : Law
Languages : en
Pages : 1876
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Book Description
A detailed analysis of unrivalled quality, Blackstone's Civil Practice 2013: The Commentary delivers authoritative guidance on the process of civil litigation from commencement of a claim to enforcement of judgments, providing invaluable commentary on civil procedure in a new, concise format.
Author: Juan José Álvarez Rubio
Publisher: Taylor & Francis
ISBN: 1351979159
Category : Law
Languages : en
Pages : 159
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Book Description
Cover -- Title -- Copyright -- Contents -- Notes on contributors -- Acknowledgments -- Introduction -- 1 Judicial remedies: The issue of jurisdiction -- 1.1 Overview -- 1.2 Impact of international human rights law on jurisdiction in private international law -- 1.2.1 Introduction -- 1.2.2 Human rights in private litigation -- 1.2.3 International human rights law and jurisdiction in private international law -- 1.3 Jurisdiction in private international law in Europe and the US -- 1.3.1 Introduction -- 1.3.2 The European approach: the Brussels I Regulation -- 1.3.2.1 Scope of application -- 1.3.2.2 Rules on jurisdiction -- 1.3.2.3 Policy debate regarding the reform of the Brussels I Regulation -- 1.3.3 The US approach to jurisdiction -- 1.3.3.1 Doctrines that may limit access to US courts in transnational cases -- 1.3.3.2 The Alien Tort Statute: presumption against extraterritoriality and personal jurisdiction -- 1.3.3.3 Further doctrines that may limit access to US courts in transnational cases -- 1.3.3.4 Litigating torts in state courts and/or under state law -- 1.3.4 Comparing the EU and US approach to jurisdiction in private international law -- 1.4 Residual jurisdiction in Europe -- 1.4.1 Introduction -- 1.4.2 Forum necessitatis -- 1.4.3 Joining of defendants -- 1.4.4 Pursuing civil remedies through criminal jurisdiction -- 1.5 Conclusions and recommendations -- 2 Judicial remedies: The issue of applicable law -- 2.1 Introduction -- 2.2 Legal context -- 2.2.1 Foreign direct liability and beyond -- 2.2.2 Private international law and extraterritoriality -- 2.2.3 Discussion -- 2.3 Applicable law -- 2.3.1 Rome II Regulation: general rule -- 2.3.2 Rome II Regulation: special rule on environmental damage -- 2.3.3 Rome II Regulation: relevant exceptions -- 2.3.3.1 Overriding mandatory provisions -- 2.3.3.2 Rules of safety and conduct.
Author: Liesbeth F. H. Enneking
Publisher:
ISBN: 9789490947606
Category : Law
Languages : en
Pages : 0
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Book Description
Western societies are witnessing an emerging socio-legal trend towards transnational civil litigation against multinational corporations in relation to harm caused toward people and the planet. These 'foreign direct liability cases' arise against the background of a global governance gap resulting from the rapid globalization of economic actors and activities with no global institutions to manage their worldwide impacts. The increasing reliance on private law mechanisms to realize corporate accountability for violations of human rights, health and safety, and environmental and labor norms perpetrated around the globe raises interesting and complex issues. This study sets out the legal and socio-political framework of this particular type of transnational civil litigation. The book traces the role that Western systems of tort law may play in promoting international corporate social responsibility/accountability. It focuses on the feasibility of bringing foreign direct liability claims before domestic courts in the EU Member States - the Netherlands in particular - and sets out a number of recommendations for European policymakers.
Author: Linda J. Silberman
Publisher: Aspen Publishing
ISBN: 1454888695
Category : Law
Languages : en
Pages : 1603
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Book Description
Using the Socratic method, Civil Procedure: Theory and Practice, Fifth Edition helps students develop strategic, critical thinking with introductory text, examples, and hypotheticals that equip them for the challenges of practice. Sophisticated, yet straightforward, the text strikes an important balance by providing clear exposition while requiring work to achieve deeper insights. An opening chapter gives an overview of the entire process, using real pleadings and discovery materials in the landmark N.Y. Times v. Sullivan case. The innovative “Anatomy of a Litigation” case study chapter systematically leads students from pleadings to verdict, using leading cases to deepen the connection between the classroom and the courtroom. Civil Procedure: Theory and Practice covers the full range of topics, including in-depth treatment of personal and subject-matter jurisdiction, joinder, preclusion, and alternative dispute resolution.
Author: Jean-Sylvestre Bergé
Publisher: Primento
ISBN: 2802751646
Category : Law
Languages : en
Pages : 747
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Book Description
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).
