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Description
Usable both as a student textbook and as a general introduction for legal professionals, European Private International Law is designed to reflect the reality of legal practice throughout the EU. The private international law of the Member States is increasingly regulated by the EU, making private international law ever less 'national' and ever more EU based. Consequently, EU law in this area has penetrated national law to a very high degree, making it an essential area of study and an area of increasing importance to practising lawyers throughout the EU. This book provides a thorough overview of core European PIL, including the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort), while additional chapters deal with PIL and insolvency, freedom of establishment and corporate social responsibility.
Table of Contents
1.1 The Concept, Nature and Development of Private International Law
1.2 Sources of Private International Law
1.3 The 3 Processes of PIL, and Standard 'Connecting Factors'
1.4 Characterisation, Renvoi and the 'incidental' issue or Vorfrage
1.5 Forum shopping and forum non conveniens
1.6 The Impact of European Law on the Private International Law of the Member States
2 The Core of European Private International Law: Jurisdiction
2.1 Summary
2.2 Detailed Review of the Regulation
3 The Core of European Private International Law: Applicable Law – Contracts
3.1 Summary
3.2 Detailed review of the Regulation
4 The Core of European Private International Law: Applicable Law – Tort
4.1 Introduction
4.2 General Principles
4.3 Scope of Application
4.4 Applicable Law – General Rule: Lex loci damni
4.5 One General Exception to the General Rule and one Escape Clause
4.6 Specifi c Choice of Law Rules for Specifi c Torts – No Specific
Rules for 'Protected Categories'
4.7 Freedom to Choose Applicable Law
4.8 Scope of the Law Applicable
4.9 Contract-Related Tort Claims
4.10 'Overriding' Mandatory Law and Public Order
5 The Insolvency Regulation
5.1 The overall nature of and core approaches to insolvency and private international law
5.2 Genesis of the Insolvency Regulation
5.3 Scope of application and overall aim
5.4 The international impact of the Regulation
5.5 The jurisdictional model: Universal jurisdiction based on COMI, alongside limited territorial procedures
5.6 Applicable law
5.7 Recognition and enforcement of insolvency proceedings
5.8 Powers of the liquidator
5.9 Future amendment of the Regulation
6 Free Movement of Establishment, Lex Societatis and Private International Law
6.1 Daily Mail
6.2 Centros
6.3 Uberseering
6.4 Inspire Art
6.5 Cartesio – and its mirror image: Vale
6.6 Grid Indus
7 Private International Law, Corporate Social Responsibility and Extraterritoriality
7.1 The role of Private International Law in operationalizing Corporate Social Responsibility
7.2 The United States: Litigation Based on The Alien Tort Statute
7.3 The European Union
Product details
| Published | Feb 15 2013 |
|---|---|
| Format | Ebook (Epub & Mobi) |
| Edition | 1st |
| Pages | 382 |
| ISBN | 9781782250623 |
| Imprint | Hart Publishing |
| Publisher | Bloomsbury Publishing |
About the contributors
Reviews
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...provides...easy access to this fast evolving field of law and introduces the reader to its most important parts.
German-British Chamber of Industry and Commerce Website
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As a result of his broad knowledge on the subject and rich professional experience, Mr. Van Calster provides great insight into current issues within international law. The book is practical as both a student textbook and a general introduction for legal professionals. It is divided into seven chapters, all aspects of which are crucial for proper understanding of the subject…We advise both students and professionals to take a closer look at this publication as it offers the reader all the vital elements and structure of PIL and its development.
Vladimir Cupryszak, Association for International Arbitration Newsletter, 'In Touch'
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Excellent overview of European Private International Law issues, as well as a very helpful introduction to basic concepts of conflicts of laws and jurisdictions.
Professor Stavros Brekoulakis, Queen Mary University of London, UK
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This is a most useful book. I recommend it to my students as a great way to come to terms with the EU elements of Private International Law.
Dr David Kenny, Trinity College Dublin
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It is a good textbook, with European Literature, a necessity if one truly wants to understand European Private International Law and something which is lacking elsewhere (national literature in most cases). I will use it as sole recommended text on the Full time and Distance Learning Commercial Law LLMs (International Dispute Resolution course).
Emmanuel Guinchard, Senior Lecturer, Northumbria University, UK
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This book is essential reading for law students in Europe and abroad. It provides a coherent overview of all main elements of European private international law; concepts, legal instruments and practice.
Professor Kim Talus, UEF Law School, Finland






















