Conflict Of Laws In Western Europe
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Conflict Of Laws In Western Europe
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Author : Mathias Reimann
language : en
Publisher: Hotei Publishing
Release Date : 1995
Conflict Of Laws In Western Europe written by Mathias Reimann and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
Intended to acquaint American readers with a general structure of conflicts problems on the other side of the Atlantic ... the book succeeds wonderfully. American Journal of Comparative Law, Vol. 44, No. 2 [F]ills a real need for the practicing legal community as well as for those with an academic interest in this fascinating & increasingly important field. Canadian Yearbook of Int'l Law, 1995 This informative work introduces the conflict of laws in Western Europe to the American scholar & practitioner. It describes the field as a whole, explains the underlying issues, & notes the idiosyncrasies that create stumbling blocks in the successful resolution of business transactions & other legal matters. An essential reference for the modern lawyer.
Japanese And European Private International Law In Comparative Perspective
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Author : Jürgen Basedow
language : en
Publisher: Mohr Siebeck
Release Date : 2008
Japanese And European Private International Law In Comparative Perspective written by Jürgen Basedow and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.
Wither The West
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Author : Chiara Giorgetti
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-29
Wither The West written by Chiara Giorgetti and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-29 with Law categories.
A collection of expert essays analyzing how American and European's views of international law are diverging as a reaction to globalization.
The Court Of The European Communities New Dimension In International Adjudication
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Author : Werner Feld
language : en
Publisher: Springer
Release Date : 2012-12-06
The Court Of The European Communities New Dimension In International Adjudication written by Werner Feld and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
If the United States of Europe should become a reality in the future, it is highly probable that the Court of Justice of the European Communities, now sitting in Luxembourg, will be transformed into the supreme court of the new federation. Legal concepts and judicial traditions formed by the judges in Luxem bourg will then become a prominent part of the historical background of this new court. However, even now, during the process of economic intergration in Western Europe, the Court of the European Communities has been assuming an increasingly important role in the settlement of conflicts between economic and sometimes political interests. Moreover, through its more than hundred decisions, the Court has been developing a body of "European" case law which, in time, is likely to have favorable implications for the eventual political unification of Europe. This book is primarily intended as an introduction to the structure and functions of the Court of the European Communi ties. In this endeavor consideration has also been given to the forces and factors that might affect the judicial decisions of the Court and to the impact which such decisions might have upon economic enterprises and public policy in the Member states of the European Community, better known as the European Common Market.
Unifying And Harmonising Substantive Law And The Role Of Conflict Of Laws
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Author :
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2010-07-05
Unifying And Harmonising Substantive Law And The Role Of Conflict Of Laws written by and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-05 with Law categories.
Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving this objective is, generally, hindered by conflict of law rules. The requirements which non-national law needs to fulfil in order to be accepted as the law governing a cross-border relationship deserve clarification. Not only uniform law, such as the CISG and the envisaged European substantive law instrument for the law of obligations, but, particularly, instruments which are aimed at harmonizing substantive law, challenge the established systems of conflict of laws. In seeking a positive approach towards the application of a law other than national law various aspects need to be considered: (1) is the decision taken by a court or an arbitral tribunal; (2) what field of law (contract/delict/tort or family relationships) is involved; and (3) the objective or subjective (choice by the parties) designation of the applicable law.
European Tort Law
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Author : Mauro Bussani
language : en
Publisher:
Release Date : 2007
European Tort Law written by Mauro Bussani and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
In every society Tort Law plays a crucial role in the actual life of the legal system and of the people using it. Whenever relationships between individuals do not converge towards a contract nor are absorbed by property law, then comes the time for tort law rules to provide justice. The goal of comparative research in the law of torts is to clarify diversities and similarities amidst the operative rules of the various legal systems. The need is to go beyond statutory formulas, since in the field of torts, even more than in other areas, the "law" is made by judicial decisions, by the beliefs that underpin these decisions, by insurance practices which affect the allocation of the costs ensuing risks and damages. This comparative analysis calls for an effort which is more and more urgent to the management of private conflicts in a "globalized" world. But this is especially true in Europe, at the dawn of a new era characterized by the enlargement/enrichment of the EU. The issues arising from the infliction of "pure economic" losses, thereby affecting nothing else than the patrimonial sphere of the victim, is in this perspective a very useful case-study to test solutions given to problems, which not only straddle the opaque frontier between contract and tort, but also involve the day-to-day life of your average person, whether s/he be an investor or not, whether s/he be Eastern or Western European. The volume orginates from an international conference that took place in April, 2004 in Trieste, Italy. It is published in co-operation with Stämpfli (Berne), Bruylant (Brussels) and Ant. N. Sakkoulas Publishers (Athens)
Research Handbook On Eu Private International Law
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Author : Peter Stone
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-05-29
Research Handbook On Eu Private International Law written by Peter Stone and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-29 with Law categories.
The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a subst
Resisting The European Court Of Justice
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Author : Bill Davies
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-18
Resisting The European Court Of Justice written by Bill Davies and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-18 with Law categories.
Investigates how the fundamental transformations in the European legal system were received in one of the most important European Union member states, Germany.
Fundamental Rights In International And European Law
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Author : Christophe Paulussen
language : en
Publisher: Springer
Release Date : 2015-11-04
Fundamental Rights In International And European Law written by Christophe Paulussen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-04 with Law categories.
In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute’s research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues – such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration – that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.
Medical Responsibility In Western Europe
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Author : Erwin Deutsch
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Medical Responsibility In Western Europe written by Erwin Deutsch and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
With contributions by numerous experts