Cross Border Litigation In Europe The Brussels I Recast Regulation As A Panacea
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Cross Border Litigation In Europe The Brussels I Recast Regulation As A Panacea
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Author : F. Ferrari
language : en
Publisher:
Release Date : 2016
Cross Border Litigation In Europe The Brussels I Recast Regulation As A Panacea written by F. Ferrari and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
Cross Border Litigation In Europe
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Author : Paul Beaumont
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-11-16
Cross Border Litigation In Europe written by Paul Beaumont and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-16 with Law categories.
This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.
Labour Migration In Europe Volume Ii
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Author : Marco Borraccetti
language : en
Publisher: Springer
Release Date : 2018-09-17
Labour Migration In Europe Volume Ii written by Marco Borraccetti and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-17 with Business & Economics categories.
Violence, deception, fraud and abuse have always been commonplace occurrences for migrants, not only in their final country of destination but also in their countries of origin and countries of transit. In today’s world, the link between mobility and security issues is ever-increasing. Acknowledging this, how can we work to protect and improve migrants’ rights? Is the protection for migrants offered by the EU sufficient as-is, or is a more integrated approach that requires greater cooperation from migrants’ country of origin called for? What role can the private sector play in all of this? In this book, Borraccetti brings together contributions that analyse how migrant exploitation can be combatted. All essays focus on the protection and promotion of human rights and pay particular attention to the rights of children and other vulnerable people.
The Brussels I Bis Regulation
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Author : Vesna Lazic Lazić
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
The Brussels I Bis Regulation written by Vesna Lazic Lazić 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 2023-08-14 with Law categories.
The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its interpretation and application.
Brussels I Bis
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Author : Requejo Isidro, Marta
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-03-08
Brussels I Bis written by Requejo Isidro, Marta 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 2022-03-08 with Law categories.
Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.
Research Handbook On The Brussels Ibis Regulation
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Author : Peter Mankowski
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-03-28
Research Handbook On The Brussels Ibis Regulation written by Peter Mankowski 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 2020-03-28 with Law categories.
This timely Research Handbook addresses the cutting edges of the Brussels Ibis Regulation, in particular its place within the overall system of EU law and its adaptations in response to lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to this, analysing the most recent developments in legislation and practice and providing an outlook on the future of this field of EU law.
Forum Shopping Despite Unification Of Law
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Author : Franco Ferrari
language : en
Publisher: BRILL
Release Date : 2021-08-16
Forum Shopping Despite Unification Of Law written by Franco Ferrari and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-16 with Law categories.
According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.
Jurisdiction Over Non Eu Defendants
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Author : Tobias Lutzi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-05-18
Jurisdiction Over Non Eu Defendants written by Tobias Lutzi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-18 with Law categories.
This book looks at the question of extending the reach of the Brussels Ia Regulation to defendants not domiciled in an EU Member State. The Regulation, the centrepiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation. To provide a basis for the discussion of its possible extension, this volume takes a closer look at the national rules that currently govern the question of jurisdiction over non-EU defendants in each Member State through 17 national reports. The insights gained from them are summarised in a comparative report and critically discussed in further contributions, which look at the question both from a European and from a wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers.
Internet Jurisdiction Law And Practice
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Author : Julia Hörnle
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-01-07
Internet Jurisdiction Law And Practice written by Julia Hörnle and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-07 with Law categories.
Jurisdiction is a fundamental concept in law, as it provides the link between a government, its territory, and its people. Data travels through the internet without concern for any borders. This book argues how and why the concept of jurisdiction needs to be adapted across public and private areas - from criminal to commercial law.
Jurisdiction And Cross Border Collective Redress
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Author : Alexia Pato
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-07-11
Jurisdiction And Cross Border Collective Redress written by Alexia Pato and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-11 with Law categories.
In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.