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European Private International Law: Commercial Litigation in the EU

Autor Geert van Calster
en Limba Engleză Paperback – 14 ian 2021
This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject.Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.
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Specificații

ISBN-13: 9781509942077
ISBN-10: 1509942076
Pagini: 536
Dimensiuni: 169 x 244 mm
Greutate: 0.84 kg
Ediția:3
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Second edition: European Private International Law, ISBN 9781849466721 (Hart Publishing, 2016)

Notă biografică

Geert van Calster is Professor Ordinarius and Head of the Department of International and European Law at KU Leuven.

Cuprins

Summary of Contents1. Introduction 1.1. The Concept, Nature and Development of Private International Law 1.2. Sources of Private International Law 1.3. The Three Processes of Private International Law, 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 1.7. Brexit 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. Specific Choice of Law Rules for Specific 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 Regulation5.1. The Overall Nature of and Core Approaches to Insolvency and Private International Law 5.2. Genesis of the Insolvency Regulation 5.3. General Context of the 2015 Amendments 5.4. Scope of Application, Dovetailing with the Brussels I Recast and Overall Aim 5.5. The International Impact of the Regulation 5.6. The Jurisdictional Model: Universal Jurisdiction Based on COMI, alongside Limited Territorial Procedures 5.7. Applicable Law 5.8. Recognition and Enforcement of Insolvency Proceedings 5.9. Powers of the Liquidator/Insolvency Practitioner 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 6.7. Directive 2019/2121: The Cross-Border Conversion Directive7. Private International Law, Corporate Social Responsibility and Extraterritoriality 7.1. The Role of Private International Law in Operationalising Corporate Social Responsibility 7.2. The United States: Litigation Based on the ATS 7.3. The European Union 7.4. Duty of Care, Attribution and Compliance Strategies7.5. Conclusion

Recenzii

The book truly is one of a kind. It covers the entirety of the European framework of Private International Law from a distinctly European perspective. Given the author's incredibly broad knowledge of the subject and his ability to helpfully contextualise any new decision rendered in Luxembourg (and elsewhere), it is the perfect book for my course.
Extremely useful: clear and pedagogic, yet rigorous and appropriately detailed.
This is a fundamental textbook, which is suitable for beginners as well as for more advanced scholars.
One of the few books to include international /multilingual literature, a must in International Dispute Resolution.
Review of the Second Edition: 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.
Review of the Second Edition: Excellent overview of European Private International Law issues, as well as a very helpful introduction to basic concepts of conflicts of laws and jurisdictions.
Review of the Second Edition: 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.
The analysis is at the right level of detail to also interest and trigger scholars and practitioners who need to deal with very specific aspects of private international law. It is a valuable addition to the library of any scholar or practitioner who is interested in this area of law or deals with cross-border litigation within the EU and beyond. A new edition is certainly needed.
The proposal for the new edition of this book is thoughtful and the changes proposed therein are necessary and important, and will make the book appealing to a wider readership.
PRAISE FOR THE FIRST EDITION ...provides...easy access to this fast evolving field of law and introduces the reader to its most important parts.
Review of the First Edition: 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.
Review of the First Edition:.recommended reading for those students and practitioners who wish to acquaint themselves with the basics or update their existing knowledge of this crucial area of the law without denting their wallet.
Review of the Second Edition: 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).
Review of the Second Edition: 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.
Review of the Second Edition: Well-written, clear and understandable. Excellent value for money.
I will recommend the book as a very good introduction to those students who come - as Erasmus students - from abroad and those German students who will study abroad. For others it will be only a supplementary reading. The book has the advantage to be up to date while many German texts on private international law are waiting for a new edition.
Review of the Second Edition: Interesting and authoritative.
Review of the Second Edition: Very good coverage of some aspects which are relevant to the trade law course and its conflicts seminars.
Review of the Second Edition: This book is a well-written, topical treatment...Recommended reading for scholars and practitioners alike.
Review of the Second Edition: Unlike many other texts on European PIL, van Calster draws from his experience in legal practice to provide examples of the reality of the application of PIL in practice. The book will be of particular interest to academics, practitioners and undergraduate students.
The second edition of the famous textbook by Professor Van Calster [.], a work unique in its genre (in English), unlocks the fundamentals of the subject. (Translated from the original French)