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Author: Tobias Lutzi
Publisher: Bloomsbury Publishing
ISBN: 1509958924
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: 1509958924
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: Gerlinde Berger-Walliser
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The U.S. Supreme Court, in a series of recent cases, has restricted personal jurisdiction over corporate defendants -- and foreign corporations in particular. The Supreme Court's restrictions are -- although a peripheral concern -- motivated by an interest for international comity and an effort to bring US jurisdiction rules more in line with other nations' laws. However, an in-depth comparative analysis between the EU Brussels Regulation and U.S. Supreme Court opinions reveals that the Supreme Court's decisions remain deeply grounded in the traditional U.S. paradigm of personal jurisdiction. The persisting differences help explain why further harmonization of U.S. jurisdiction rules with EU law remains difficult. Predictability appears to have different meanings to the EU legislator and the U.S. Supreme Court. For the Supreme Court, predictability comes at the price of restricting both general and specific jurisdiction to limit exposure of the alien defendant to fewer potential forums. The Brussels Regulation in contrast provides a lengthy, but exhaustive, list of special heads of jurisdiction. It thereby extends what U.S. law would call specific jurisdiction and takes into account the interests of defendants, plaintiffs, and the forum State, both as a matter of public policy and sovereignty. Hence, the Regulation's use of clearly defined connecting factors in lieu of imprecise legal terms, combined with European rejection of judicial discretion, could serve as a model to mitigate the shortcomings of the current U.S. regime.
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: Patrick J. Borchers
Publisher:
ISBN: 9781782544265
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
In an increasingly globalized and digitized world, transactions, communications and data flow freely across national borders. When lawsuits arise as a result of those trans-border events, the question of which court or courts have jurisdiction and can provide the appropriate forum becomes critical. This two-volume collection provides a survey of personal jurisdiction across both time and legal systems. It includes articles ranging from the early 20th century to present day and to the problems created by jurisdiction in cyberspace. It also examines the jurisdictional premises of major common law countries and those in the civilian tradition. With an original introduction by the editor, these comprehensive volumes will appeal to scholars and practitioners alike.
Author: Torsten Bjørn Larsen
Publisher: Edward Elgar Publishing
ISBN: 1786437511
Category : Actions and defenses
Languages : en
Pages : 324
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Book Description
This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right.
Author: Serena Forlati
Publisher: BRILL
ISBN: 9004408576
Category : Law
Languages : en
Pages : 219
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Book Description
In Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.
Author: Cedric Ryngaert
Publisher:
ISBN: 0199688516
Category : Law
Languages : en
Pages : 273
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Book Description
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author: Luigi Mari
Publisher:
ISBN:
Category :
Languages : en
Pages : 43
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Book Description
In order to strengthen the efficacy of the Brussels I Regulation (recast), which has already been shown to operate effectively, it is suggested to complete it with specific rules aimed at circumscribing the jurisdictional power in respect of extra-EU cases, together with specific rules on recognition and enforcement of judgements pronounced in Third States.However, for the sake of legal certainty, it is suggested that the EU stipulates international conventions on recognition and enforcement of judgements with its most strategic partners.
Author: Burkhard Hess
Publisher: Hart Pub Limited
ISBN: 9781841139012
Category : Law
Languages : en
Pages : 229
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Book Description
On March 1, 2003, the Brussels I-Council Regulation (EC) No 44/2001 of 22nd December 2001 on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters (Judgment Regulation) became the cornerstone of European civil procedural law. The Regulation is directly applicable in all Member States and forms the residual instrument in cross-border civil procedures in the European Union. This report provides a comprehensive analysis of the application of the Regulation in the Member States, based on interviews, statistics, and practical research in the files of the national courts. The report concludes that the Regulation does not require fundamental amendment, but that several improvements should be considered, especially with regard to the general function of the Regulation as the residual instrument of European procedural law.
Author: Alex Mills
Publisher: Cambridge University Press
ISBN: 1107079179
Category : Law
Languages : en
Pages : 595
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Book Description
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
