International private law 39 results

The Right to Identity and Access to Information on Genetic Origin and Parentage discusses recent developments on the right to know one’s genetic origins in the context of donor conception. It includes both legal analyses and findings from psychological research, delving not only into the theoretical framework, but, additionally, assessing the practices of counselling and DNA databases.

This book provides the first comprehensive analysis of why the original Judgments Project of the Hague Conference on Private International Law failed in 2001. Through examining the significant weaknesses in the management and preparation of the negotiations which contributed substantially to the lack of success in adopting a convention text at a Diplomatic Session, the books sets out the lessons that can be drawn from the premature end of the project.

 

The book provides an in-depth discussion of Council Regulation No 2019/1111 (‘Brussels II-ter’) (in force from August 2022), which lays down rules on jurisdiction, recognition and enforcement which EU Member States must apply when dealing with matrimonial matters, matters of parental responsibility and child abduction. 

 

Over the past two decades, various jurisdictions around the world have created new specialised domestic courts to manage international commercial disputes. This book studies these new international commercial courts from a comparative perspective and examines their role in cross-border litigation.

 

What constitutes a “family” in Europe? The answer to this question is constantly changing and increasingly varied. This book addresses areas of family law where developments have been particularly salient and have, at times, created fissures between European States. It also suggests ways of addressing and overcoming these divergences.

This book comprises an in-depth comparative law study on the meaning of tort law and procedural law in mass harm cases in Europe, examining this phenomenon in the context of 12 different case studies in 12 European jurisdictions and including four general contributions on mass harm cases.

20 years after the 1999 EU sales law harmonization an extensive and future oriented reform has occurred with the 2019 Sale of Goods Directive. The reform infused features of durability, sustainability and digitalisation into classical sales law, transforming the contract into a long-term relationship, also forcing an adaptation of distribution networks.

This book provides comparative insights into how the rules of civil procedure can be contractually modified. Reports covering 20 jurisdictions discuss, among other topics, choice-of-court costs, appeals, access to evidence, and ADR agreements. It explores the nexus between contractualisation and other current trends in civil litigation.

This book is a comparative study of the topic of administrative silence, also known as formal inactivity of the administration. It provides an overview of the topic and explores how it is recognised and applied within 21 jurisdictions around the world.

The principles of independence and impartiality are fundamental to the proper administration of justice. This book examines how these principles are implemented in a variety of settings: in national courts of selected jurisdictions, international courts and international arbitration.

This book canvasses the laws regarding surrogacy in Latin American jurisdictions, putting the legal developments into their historical and social contexts. It also categorises the approaches taken and compares them to developments around the globe.

This book concerns equality in personal status - absolute, anti-discrimination - and how formal protection was superseded by material, fuller protection. It discusses history - Latin America, then the French Revolution - and disciplines - philosophy, ethics, economics, sociology, systems theory - with their diverse views and moves into modern phenomena like digitalization.

This book focuses on the civil status validity of formalized relationships of same-sex couples when such couples move across borders between EU Member States. The Baltic States, Estonia, Latvia, Lithuania, and Poland, are used as examples of States that are less accommodating of same-sex relationships concluded abroad.

This book addresses the issue of mothers who, fleeing from domestic violence, take their children with them and thus become liable for international child abduction. It examines how protection measures can help the abducting mother in this context, with a special focus on the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, which allow cross-border circulation of protection measures.

This book analyzes the function and role of international law in a framework of increased global governance by focusing on how 'community interests' are articulated and protected in various areas, including the global commons, and human rights and security related issues.

With no new books written on these legal systems for nearly 30 years, this book fills a gap in the literature and offers a true 'insider' perspective with the majority of authors being indigenous or long-term residents of the countries in question.

How to choose the most beneficial enforcement regime for cross-border claims of a client? A question considerably complicated by (1) the existence of various European Union enforcement tools and (2) particularities in the national legal systems that impact on the operation and suitability of the various enforcement tools. This book compares and analyses the practical utility and potential pitfalls of the 2nd generation regulations (European Enforcement Order, European Order for Payment, European Small Claims Procedure and European Account Preservation Order) and their relation to Brussels Ibis. The work is based on an extensive evaluation of case law (published and unpublished), empirical data and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice of the European Union.

This book is a comprehensive analysis of the choice of court and choice of law provisions that apply to cross-border family matters and succession in EU private international law.

Over the course of the last few decades, the European legislature has adopted a total of 18 Regulations in the area of private international law. The question remains, however, if these efforts have turned private international law into a truly European field? The book analyses - for the first time - how 'European' European private international law actually is.

Common Interests in International Litigation provides answers to questions that international litigation faces as the result of an increasing recognition of common interests in this area, with an ever-expanding network of specialised judicial bodies.