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Application of Foreign Law
During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.
EU Cross-Border Succession Law
With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Studying cross-border successions in the context of estate planning and in the opening and liquidation of a succession, it examines the specificities of the European Certificate of Succession, contextualising it within its interface with the national laws and practice of EU Member States.
The EU at a Crossroads
This volume brings together experienced Professors and PhD researchers from all over Europe to summarise the crucial dilemmas that the European Union has to confront during its current multilevel crisis. The chapters are organized into four parts. The first section deals with constitutional issues of the EU, namely multilevel democratic governance, gender equality, and participatory democracy, and the impact of the crisis on them. The second analyses public governance issues, with reference to urban planning as a new policy for the EU, state aid and privatization of public companies, corporate governance principles for public companies, and EU case law on freedom of establishment of companies. The third part discusses certain issues of the EU internal market and external trade, namely the Europeanisation of labour relations, the relation between EU environmental law and international agreements, the dilemma between regionalism and multilateralism in international trade law, and the Eurasian Economic Union. The fourth section explores the Eurozone crisis from different perspectives and areas, namely political philosophy, economics, political science, administrative science, and law.
Human Rights of Aliens in Europe
This book is a record of the proceedings of a colloquy on 'Human Rights of Aliens in Europe'. The Colloquy was organised by the Secretariat General of the Council of Europe, and held in Madiera, Portugal from the 17 to 19 October 1983. The three themes of the Colloquy were: the admission of aliens into the territory of the host country and their residence there, participation of aliens in public affairs (political and associative life) and the fact that aliens belong to various cultures and the tension which this creates. Separate sessions were devoted to each theme. On the admission of aliens to the territory of the host country and his residence there, it was proposed by one participant th...
Courts and Comparative Law
While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the c...
General Principles of Law and International Investment Arbitration
In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.
Dual Nationality in the European Union
The book examines the phenomenon of dual nationality in the European Union, particularly against the background of the status of European citizenship – a status that is linked to the nationality of each EU Member State. While the first part sets out the approach towards (dual) nationality in Public and Private International Law as well as in EU Law, the second part consists of an overview of the dual nationality regimes in France, Italy, the Netherlands and Spain. The book shows that the autonomy of Member States in the field of nationality law is becoming increasingly problematic for the EU, and the author takes the position that there is arguably a need for the (minimum) harmonization of European nationality laws.
The Rome III Regulation
This comprehensive Commentary provides an in-depth, article-by-article analysis of the Rome III Regulation, the uniform rules adopted by the EU to determine the law applicable to cross-border divorce and legal separation. Written by a team of renowned experts, private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference.
