Yearbook of Private International Law, Volume IX

Yearbook of Private International Law, Volume IX

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The year 2007 was arguably the most extraordinary year in recent memory for the development of Private International Law. Reflecting the vitality and fluidity of a subject that is in constant motion, Volume IX of the Yearbook of Private International Law is a very rich and multi-faceted book devoted to the "Rome II" Regulation on the law applicable to non-contractual obligation, which was adopted by the EC institutions in July 2007. Being the first EC regulation on pure applicable law issues, the "Rome II" Regulation opens up a new era in the process of creating a European PIL system. It deserved therefore a detailed commentary and analysis of its main provisions by experts from several EU States. Because of the interest that this European text presents for third States, some distinguished scholars from non-European areas --- the US, Japan, Latin America, and Australia --- were also asked to express their views on this important piece of Community legislation and the possible influence it may have on conflict developments in their respective countries and regions. Contents include: Place of Injury, Habitual Residence, Closer Connections and Substantive Scope: The Basic Principles --- Party Autonomy and its Limitations in the Rome II Regulation --- International Product Liability: A Commentary on Article 5 of the Rome II Regulation --- Unfair Competition and Acts Restricting Free Competition: A Commentary on Article 6 of the Rome II Regulation --- The Law Applicable to Cross-Border Damage to the Environment: A Commentary on Article 7 of the Rome II Regulation --- Infringement of Intellectual Property Rights: A Commentary on Article 8 of the Rome II Regulation --- The Law Applicable to a Non-Contractual Obligation with Respect to an Industrial Action: A Commentary on Article 9 of the Rome II Regulation --- Culpa in Contrahendo in the Conflict of Laws: A Commentary on Article 12 of the Rome II Regulation --- Relationship between Rome II and Other International Instruments: A Commentary on Article 28 of the Rome II Regulation --- Rome II: A Centrist Critique --- The Rome II Regulation from a Japanese Point of View --- A Quick Latin American Look at the Rome II Regulation --- and A Common Law Cocoon: Australia and the Rome II Regulation.show more

Product details

  • Hardback | 621 pages
  • 160 x 246 x 38mm | 1,111g
  • Sellier European Law Publishers
  • United States
  • English
  • 2007 ed.
  • 3866530714
  • 9783866530713

Table of contents

The Rome II Regulation An OverviewGerhard Hohloch: Place of Injury, Habitual Residence, Closer Connections and Substantive Scope the Basic PrinciplesTh.M. De Boer: Party Autonomy and its Limitations in the Rome II RegulationPeter Huber / Martin Illmer: International Product Liability. A Commentary on Article 5 of the Rome II RegulationMichael Hellner: Unfair Competition and Acts Restricting Free Competition. A Commentary on Article 6 of the Rome II RegulationThomas Kadner Graziano: The Law Applicable to Cross-Border Damage to the Environment. A Commentary on Article 7 of the Rome II RegulationNerina Boschiero: Infringement of Intellectual Property Rights. A Commentary on Article 8 of the Rome II RegulationGuillermo Palao Moreno: The Law Applicable to a Non-Contractual Obligation with Respect to an Industrial Action. A Commentary on Article 9 of the Rome II RegulationBart Volders: Culpa in Contrahendo in the Conflict of Laws. A Commentary on Article 12 of the Rome II RegulationGeorgina Garriga: Relationship between Rome II and Other International Instruments. A Commentary on Article 28 of the Rome II RegulationSymeon C. Symeonides: Rome II: A Centrist CritiqueYuko Nishitani: The Rome II Regulation from a Japanese Point of ViewCecilia Fresnedo de Aguirre / Diego P. Fernandez Arroyo: A Quick Latin American Look at the Rome II RegulationReid Mortensen: A Common Law Cocoon: Australia and the Rome II RegulationNational ReportsRichard Frimpong Oppong: A Decade of Private International Law in African Courts 1997-2007 (Part I)Dário Moura Vicente: Sources and General Principles of Portuguese Private International Law: An OutlineDan Andrei Popescu: Some Remarks on the Applicable Law to International Successions in RomaniaGülören Tekinalp: The 2007 Turkish Code concerning Private International Law and International Civil ProcedureClaude Emanuelli: Recognition and Enforcement of Foreign Judgments in QuebecChrista Roodt: A Wider Vision in Choice of Prescription LawChrista Jessel-Holst: The Bulgarian Private International Law Code of 2005Mónica Herránz Ballesteros: New Perspectives in Spanish Legal Practice on the Exercise of Rights of Access Across International BordersNews from BrusselsKieran St Clair Bradley: Activities of the European Community in the Field of Private International Law in 2007Court DecisionsChristian A. Heinze / Anatol Dutta: Enforcement of Arbitration Agreements by Anti-Suit Injunctions in Europe From Turner to West TankersAnna Gardella: European Union The ECJ in Search of Legal Certainty for Jurisdiction in Contract: The Color Drack DecisionGilles Cuniberti: England Enforcement of Arbitration Agreements: The End of the English ExceptionTiong Min Yeo: Singapore The Effect of Contract on the Law Governing Claims in Torts and EquityElena Júdová: Slovak Republic The Habitual Residence in Slovakian Private International Law: Decision of the District Court in Martin of 21 December 2007Carolina Saf: Sweden The Validity of a Collective Labour Agreement Resulting from a Swedish Blacking The Rickmers Tianjin AD Nr. 2Monika Pauknerová: Czech Republic Jurisdiction over Consumer Contracts under Article 15(1) (B) of the Brussels I Regulation, and the Definition of the Concept of Consumer s DomicileForumAndrea Carlevaris: The Recognition of Enforcement of Interim Measures Ordered by International ArbitratorsLaurence Usunier: Regulating the Jurisdiction of Courts in International Litigation towards a Global Answer in Civil and Commercial MattersTexts, Materials and Recent DevelopmentsThe 2007 Turkish Code on Private International Law and International Civil Procedure (translated by N. Ay e Odman Boztosun)Books Reviewsshow more

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