The External Dimension of EU Private International Law After Opinion 1/13 PDF Download

Author: Pietro Franzina
Publisher:
ISBN: 9781780684840
Category : Conflict of laws
Languages : en
Pages : 226

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Book Description

Author: Pietro Franzina
Publisher:
ISBN: 9781780684376
Category : Conflict of laws
Languages : en
Pages : 0

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Book Description
The interest of the EU in international efforts towards the harmonisation of private international law has steadily increased over the years. The EU is already a party to several conventions that lay down uniform rules on jurisdiction, conflicts of laws and the recognition and enforcement of judgments. Additionally, various international instruments dealing with judicial cooperation in civil matters have been ratified by the Member States 'in the interest of the Union', or are now administered by the EU.On different occasions the Court of Justice has expressed its views regarding the scope of the external competence of the Union in the field of private international law, the conditions upon which this competence should be regarded as exclusive and the principles according to which the competence itself should be exercised. In spite of this, the development of the external dimension of EU private international law remains a controversial topic, and different questions still await answersThe essays collected in this volume critically address some of the main issues concerning the relations of the EU with non-EU countries and international organisations in the area of private international law, as well as the impact of these relations on EU legislation dealing with matters featuring cross-border implications. Written by leading legal scholars for academics and practitioners, the book discusses, in particular, the principles stated in the latest intervention of the Court of Justice on this topic, Opinion 1/13, regarding the Union's competence as to the acceptance of the accession of third States to the Hague Convention of 1980 on international child abduction, as well as the implications of the Opinion for the development of the EUs external action and legislation in this area.

Author: Marise Cremona
Publisher: Oxford University Press
ISBN: 0191062014
Category : Law
Languages : en
Pages : 369

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Book Description
Private Law in the External Relations of the EU is an innovative study of the interactions between EU external relations law and private law, two unrelated fields of law, inverted if private law is understood as regulatory private law - the space where regulatory law intersects with private economic activity. Here the link between the Internal Market and the global market - and thereby international law - is much more prominent. In this book, key questions about the relationship between EU external relations law and private law are answered, including: in what ways might European private law act as a tool to achieve EU external policy objectives, particularly in regulatory fields? How might the quickly developing EU external competence over the procedural dimensions of private law, including private international law, impact on substantive law, both externally and internally? And how is the legal position of private parties affected by EU external relations? In asking these questions, this edited collection opens up a field of enquiry into the so far underexplored relationship between these two fields of law. In doing so, it addresses three different aspects of the relationship: (i) the evolution of the EU competence, (ii) the ways in which EU private law extends its reach beyond the boundaries of the internal market, and (iii) the ways in which the EU contributes to the formation of private regulation at the international level.

Author: Franco Ferrari
Publisher: Edward Elgar Publishing
ISBN: 1789906903
Category : Law
Languages : en
Pages : 520

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Book Description
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.

Author: Marise Cremona
Publisher: Bloomsbury Publishing
ISBN: 1782253254
Category : Law
Languages : en
Pages : 300

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Book Description
This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.

Author: Ramses A. Wessel
Publisher: Edward Elgar Publishing
ISBN: 1786438933
Category :
Languages : en
Pages : 720

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Book Description
Over the years, the European Union has developed relationships with other international institutions, mainly as a result of its increasingly active role as a global actor and the transfer of competences from the Member States to the EU. This book presents a comprehensive and critical assessment of the EU’s engagement with other international institutions, examining both the EU’s representation and cooperation as well as the influence of these bodies on the development of EU law and policy.

Author: Anna Beckers
Publisher: Bloomsbury Publishing
ISBN: 150996293X
Category : Law
Languages : en
Pages : 428

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Book Description
Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.

Author: Ramses A Wessel
Publisher: Bloomsbury Publishing
ISBN: 1509926755
Category : Law
Languages : en
Pages : 561

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Book Description
The first edition of this seminal textbook made a significant impact on the teaching of EU external relations law. This new edition retains the hallmarks of that success, while providing a fully revised and updated account of this burgeoning field. It offers a dual perspective, looking at questions from both the EU constitutional law perspective (the principles underpinning EU external action, the EU's powers, and the role of the Court of Justice of the EU); and the international law perspective (the effect of international law in the EU legal order and the position of the EU in international organisations such as the WTO). A number of key substantive policy areas are explored, including trade, security and defence, police and judicial cooperation, the environment, human rights, and development cooperation. Taking a 'text, cases and materials' approach, it allows students to gain a thorough understanding of milestones in the evolution of EU law in this area, their judicial interpretation and scholarly appraisal. Linking these pieces together through the authors' commentary and analysis ensures that students are given the necessary guidance to properly position and digest these materials. Lastly, each chapter concludes with a section entitled 'The Big Picture of EU External Relations Law', which weaves together the diverse and complex materials into a coherent whole and stimulates critical discussion of the topics covered.

Author: Janeen M. Carruthers
Publisher: Edward Elgar Publishing
ISBN: 1802207422
Category : Law
Languages : en
Pages : 415

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Book Description
The Research Handbook on International Family Law brings together a carefully selected array of experts to address legal topics pertaining to family relationships in a cross-border context, and international family law disputes. It shows how this independent field of study has developed, and continues to develop, and adeptly surveys the practice and regulation of international family law.

Author: Kenneth A Armstrong
Publisher: Bloomsbury Publishing
ISBN: 1509940979
Category : Law
Languages : en
Pages : 331

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Book Description
The breadth and depth of the scholarship of Marise Cremona is honoured in this collection of essays written by her colleagues and friends. Taking Cremona's field-defining research as a point of reference, this collection of research articles examines the power of law in EU external relations. Echoing the expansive scope of Cremona's intellectual enquiries across the growing and diversifying field of external relations law, this volume offers new insights into the principles and procedures that underlie this area of law; the role and responsibilities of the EU as an international actor; and the strategies and instruments through which the Union pursues its external agenda. Spanning the analysis of foundational concepts and more contemporary interventions in respect of the environment, human rights, foreign direct investment and even Brexit, what emerges from this collection is a richly conceptualised and clear examination of the multiple ways in which the power of law captures or eludes the EU's construction of a domain of external relations; a domain in which the EU interacts not only with its Member States but also other subjects of the international legal order.