On European Companies In Private International Law
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Corporations In Private International Law
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Author : Stephan Rammeloo
language : en
Publisher: Oxford University Press, USA
Release Date : 2001
Corporations In Private International Law written by Stephan Rammeloo 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 2001 with Business & Economics categories.
This text provides discussion of the principle of freedom of establishment and focuses on the key issue of determining where a corporation has its 'seat' for legal purposes.
On European Companies In Private International Law
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Author : Maria Kaurakova
language : en
Publisher: Claeys & Casteels
Release Date : 2017
On European Companies In Private International Law written by Maria Kaurakova and has been published by Claeys & Casteels this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Currently nobody doubts a significant role of corporations, being not only a primary legal and social, but also economic form of involvement of the multitude as one party in civil and business turnover traditionally presenting high risks. And it is true that, the European Union has long fixed its eyes on perspectives of its economic and political rise, which also may be stimulated by support of the cross-border activity of corporations suited to the dimensions of the Single Market. As may be read between the lines of numerous legal acts of the European Union, the dynamic and ever-increasing Single Market requires rational legal forms, models and institutions to be introduced by the relevant legal instruments.
The Private International Law Of Companies In The European Union
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Author : Carsten Gerner-Beuerle
language : en
Publisher:
Release Date : 2018-10
The Private International Law Of Companies In The European Union written by Carsten Gerner-Beuerle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10 with categories.
The Private International Law Of Companies In Europe
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Author : Carsten Gerner-Beuerle
language : en
Publisher:
Release Date : 2020
The Private International Law Of Companies In Europe written by Carsten Gerner-Beuerle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
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.
Freedom Of Establishment And Private International Law For Corporations
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Author : Paschalis Paschalidis
language : en
Publisher: OUP Oxford
Release Date : 2012-03-29
Freedom Of Establishment And Private International Law For Corporations written by Paschalis Paschalidis and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-29 with Law categories.
Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies. Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense. Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment. Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment. Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.
European Private International Law
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Author : Geert van Calster
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-14
European Private International Law written by Geert van Calster and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-14 with Law categories.
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.
A Conceptual Analysis Of European Private International Law
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Author : Felix M. Wilke
language : en
Publisher:
Release Date : 2019
A Conceptual Analysis Of European Private International Law written by Felix M. Wilke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Conflict of laws categories.
This book systematically and exhaustively analyses existing PIL rules and issues in EU and national legislation, covering all EU Member States in the process. It then demonstrates that the characteristics of PIL themselves imply a framework for 'general issues' - independently from language, codification or underlying legal tradition.
Human Rights In Business
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Author : Juan José Álvarez Rubio
language : en
Publisher: Taylor & Francis
Release Date : 2017-01-20
Human Rights In Business written by Juan José Álvarez Rubio and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-20 with Law categories.
The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.
Corporations In And Under International Law
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Author : Ignaz Seidl-Hohenveldern
language : en
Publisher: Cambridge University Press
Release Date : 1987-06
Corporations In And Under International Law written by Ignaz Seidl-Hohenveldern 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 1987-06 with Business & Economics categories.
This book deals with two important aspects of the place of corporate bodies in international law. The author examines, first, in relation to both private and State-owned corporations, the problems of diplomatic protection, nationalization and State responsibility. Second, he discusses some problems of those corporate entities which owe their existence to international law, whether international organizations proper or common inter-State enterprises. These questions are all ones of continuing practical interest.