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The Law of Open Societies
This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.
Pollution of the Sea - Prevention and Compensation
The International Max Planck Research School for Maritime Affairs hosted a global conference addressing marine pollution. At this meeting, academics and practitioners came together to discuss their findings and debate recent developments from an interdisciplinary perspective. This volume reflects those discussions, examining a broad range of topics concerning the ecological, economic, political, and legal aspects of the pollution of the sea.
Recueil des Cours, 1997
"Jürgen Basedow, Professor at the Free University of Berlin, examines in this course the limitations of competition as established by private law: horizontal agreements or trusts, vertical restrictions on competition (agreements between companies of various economic levels on resale prices, on exclusive sales, on export prohibitions), licences subjected to restrictive anti-competitive conditions (patent pools, prohibition of competition, purchase obligations), monopolies and oligopolies. Professor Basedow then describes the anti-competitive practices resulting from private law and economic law, the anti-trust laws, the purpose of the law and of the unwritten conflict of laws rule with respe...
EU Private Law
The book deals with the impact of EU law on private relations. While EU law has principally developed through vertical relations of the Union and its Member States with private persons, its foundations, principles and enforcement mechanisms are increasingly affecting the growing body of EU law governing horizontal relations between individuals and undertakings. The results are sometimes unexpected and sometimes inappropriate.
International Antitrust Litigation
The decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a re...
Private Enforcement of EC Competition Law
The European Commission's recent green paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book. Among the topics and issues raised and discussed here are the following: the 2001 Courage judgment of the European Court of Justice, in which the court decided that...
Special Economic Zones
By their very nature, Special Economic Zones encompass various elements studied in the academic disciplines of economics, political science and law. While their objectives are determined by economics, and their structures, implications and limits by law, their implementation requires a certain combination and cooperation of political forces, something which has been the subject of political science enquiries. A conference held at Kyushu University in Fukuoka convened scholars from all these disciplines to put Special Economic Zones into perspective. The papers presented highlighted functions and structures, historical aspects, the political dimension and foreign equivalents of deregulation, the interplay of such zones, and constitutional considerations. Freedom of contract and competition law, plus the effects that these economy-boosting tools may have on labour and innovation are also dealt with. With contributions by: Jurgen Basedow, Tom Ginsburg, Carsten Herresthal, Kazuaki Kagami, Toshiyuki Kono, Caslav Pejovi'c, Hideaki Shiroyama, Shinto Teramoto, Wolfgang Wurmnest, Ren Yatsunami.
Private Law in the International Arena
Private Law in the International Arena analyzes a wide variety of effects that cross-border activities have on the operation of private law, ranging from corporate and insolvency law to labor law, property law, the law of obligations, family law, European law and lex mercatoria. Civil procedure aspects, in national courts and arbitration proceedings, are also explored. This book provides a unique source of insights into the problems encountered and their possible solutions. All contributions have been written in honor of an eminent Private International Law scholar, Prof. Dr Kurt Siehr.
Private International Law in Mainland China, Taiwan and Europe
Inhaltsübersicht: Part 1: Jurisdiction, Choice of Law, and the Recognition of Foreign Judgments in Recent Legislation Jin Huang: New Perspectives on Private International Law in the People's Republic of China - Rong-Chwan Chen: Jurisdiction, Choice of Law and the Recognition of Foreign Judgments in Taiwan - Stefania Bariatti: Jurisdiction, Choice of Law and the Recognition of Foreign Judgments in Recent EU Legislation Part 2: Selected Problems of General Provisions Weizuo Chen: Selected Problems of General Provisions in Private International Law: The PRC Perspective - Rong-Chwan Chen: General Provisions in the Taiwanese Private International Law Enactment 2010 - Jürgen Basedow: The Applica...
