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How European is European Private International Law?
Over the course of the last few decades, the European legislature has adopted a total of 18 Regulations in the area of private international law. The question remains, however, if these efforts have turned private international law into a truly European field? The book analyses - for the first time - how 'European' European private international law actually is.
European Yearbook of International Economic Law 2021
Volume 12 of the EYIEL focuses on “The Future of Dispute Settlement in International Economic Law”. While new forms of dispute settlement are emerging, others are in deep crisis. The volume starts off with reflections on Dispute Settlement and the World Trade Organisation, most prominently the crisis of the Appellate Body, but also addressing international intellectual property law and the African Continental Free Trade Area. This is followed by a section on Dispute Settlement and Investment Protection/International Investment Law, which includes articles on the summary dismissal of claims, the margin of appreciation doctrine, the use of conciliation to settle sovereign debt disputes, and contract-based arbitration in light of Achmea and Hagia Sophia at ICSID. Further contributions consider the emerging role of commercial courts, the dejudicialization of international economic law, dispute settlement in the UK-EU Withdrawal Agreement, reference mechanisms in dispute resolution clauses, and UNCLOS.
An Economic Analysis of Private International Law
International private law is one of the few areas of law that has to date largely escaped the attention of the Law and Economics Movement. In spite of the immense significance attached to choice of law determinations in an increasingly interconnected world, the regulations governing the interplay of legal systems in instances of conflict have until now been insufficiently considered from an economic perspective. This volume attempts to address this shortcoming by making the results of a 2005 German-Japanese conference accessible to a wide audience. Placing an emphasis on international contract law, international tort law and international company (corporate) law, the contributors of the articles undertake to analyse various aspects of international private law through an economic perspective.
Encyclopedia of Private International Law: National Reports A-Z
"[This] encyclopedia sheds light on the current state of private international law around the globe, providing...insights into the discipline and how it is affected by globalization and increased regional integration. The role and character of private international law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level...The first two volumes provide...coverage of topical aspects of private international law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national private international law regimes of 80 different countries. The fourth volume presents...English language translations of the national codifications and provisions of private international law in those countries."--
Conflict of Laws in a Globalized World
This book contains ten contributions that examine current topics in the evolving transatlantic dialogue on the conflict of laws. The first five contributions deal with the design of judgments conventions in general, the recently adopted Hague Convention on Choice of Court Agreements, problems involving negative declaratory actions in international disputes, and recent transatlantic developments relating to service of process and collective proceedings. The remaining five contributions focus on comparative and economic dimensions of party autonomy, choice of law relating to intellectual property rights, the applicable law in antitrust law litigation, international arbitration, and actions for punitive damages.
European Yearbook of International Economic Law 2022
Climate change is the defining challenge of our time. While political leadership and scientific expertise are key, law has a major role to play in fashioning responses. Volume 13 of the EYIEL assesses central aspects of the legal regimes governing "Climate Change and Liability". Covering traditional trade and investment topics as well EU instruments regulating private actors, contributions reflect the diverse links between international economic law and climate change. Through a mix of foundational inquiries and coverage of current issues (such as climate change litigation), the volume offers a rich and nuanced account of international economic law in an era of "Climate Change and Liability".
New International Commercial Courts
Over the past two decades, various jurisdictions around the world have created new specialised domestic courts to manage international commercial disputes. Located in the Gulf region (Abu Dhabi, Dubai, Qatar), in Asia (Singapore, China, Kazakhstan) and in Europe (Germany, France, the Netherlands), these courts enrich the current landscape of the resolution of international commercial disputes. In particular, they present themselves as alternatives to litigation before ordinary courts, on the one hand, and to international commercial arbitration on the other. This book studies international commercial courts from a comparative perspective through various strands of inquiry. First, it offers a...
Encyclopedia of Private International Law: Legal Instruments A-Z
"[This] encyclopedia sheds light on the current state of private international law around the globe, providing...insights into the discipline and how it is affected by globalization and increased regional integration. The role and character of private international law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level...The first two volumes provide...coverage of topical aspects of private international law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national private international law regimes of 80 different countries. The fourth volume presents...English language translations of the national codifications and provisions of private international law in those countries."--
European Yearbook of International Economic Law 2023
The focus of volume 14 of the EYIEL is on “(Public) Procurement and Competition Law in European and International Economic Law”. It is testimony to the fact that areas of law originally perceived as purely economic are permeated by the challenges of society today and adapting to these by embracing innovation, promoting sustainability and social responsibility and including new values in their legal constitutions. Thus, the focus section provides a broad spectrum of contributions considering the interaction between (public) procurement law and WTO law, the role of RTAs, the inclusion of sustainability aspects as well as the influence recent development and challenges such as the Covid-19 ...
