European Private International Law

by Geert van Calster

Overview

Usable both as a student textbook and as a general introduction for legal professionals, European Private International Law is designed to reflect the reality of legal practice throughout the EU. The private international law of the Member States is increasingly regulated by the EU, making private international law ever less 'national' and ever more EU based. Consequently, EU law in this area has penetrated national law to a very high degree, making it an essential area of study and an area of increasing importance to practising lawyers throughout the EU. This book provides a thorough overview of core European PIL, including the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort), while additional chapters deal with PIL and insolvency, freedom of establishment and corporate social responsibility.

Product Details

ISBN-13:	9781782250623
Publisher:	Bloomsbury Publishing
Publication date:	02/15/2013
Sold by:	Barnes & Noble
Format:	eBook
Pages:	382
File size:	543 KB

About the Author

Geert Van Calster is Professor and Head of the Department of International and European Law at KU Leuven. He holds visiting positions at King's College London, Monash University and CESL, Beijing. As a member of the Brussels Bar he has an internationally-based commercial practice.
Geert van Calster is Professor Ordinarius at KU Leuven, Belgium, and visiting professor at King's College London, UK, and Monash University, Australia. He is a practising member of the Belgian Bar.

Table of Contents

1 Introduction
1.1 The Concept, Nature and Development of Private International Law
1.2 Sources of Private International Law
1.3 The 3 Processes of PIL, and Standard 'Connecting Factors'
1.4 Characterisation, Renvoi and the 'incidental' issue or Vorfrage
1.5 Forum shopping and forum non conveniens
1.6 The Impact of European Law on the Private International Law of the Member States
2 The Core of European Private International Law: Jurisdiction
2.1 Summary
2.2 Detailed Review of the Regulation
3 The Core of European Private International Law: Applicable Law – Contracts
3.1 Summary
3.2 Detailed review of the Regulation
4 The Core of European Private International Law: Applicable Law – Tort
4.1 Introduction
4.2 General Principles
4.3 Scope of Application
4.4 Applicable Law – General Rule: Lex loci damni
4.5 One General Exception to the General Rule and one Escape Clause
4.6 Specifi c Choice of Law Rules for Specifi c Torts – No Specific
Rules for 'Protected Categories'
4.7 Freedom to Choose Applicable Law
4.8 Scope of the Law Applicable
4.9 Contract-Related Tort Claims
4.10 'Overriding' Mandatory Law and Public Order
5 The Insolvency Regulation
5.1 The overall nature of and core approaches to insolvency and private international law
5.2 Genesis of the Insolvency Regulation
5.3 Scope of application and overall aim
5.4 The international impact of the Regulation
5.5 The jurisdictional model: Universal jurisdiction based on COMI, alongside limited territorial procedures
5.6 Applicable law
5.7 Recognition and enforcement of insolvency proceedings
5.8 Powers of the liquidator
5.9 Future amendment of the Regulation
6 Free Movement of Establishment, Lex Societatis and Private International Law
6.1 Daily Mail
6.2 Centros
6.3 Uberseering
6.4 Inspire Art
6.5 Cartesio – and its mirror image: Vale
6.6 Grid Indus
7 Private International Law, Corporate Social Responsibility and Extraterritoriality
7.1 The role of Private International Law in operationalizing Corporate Social Responsibility
7.2 The United States: Litigation Based on The Alien Tort Statute
7.3 The European Union

Editorial Reviews

PRAISE FOR THE FIRST EDITION
...provides...easy access to this fast evolving field of law and introduces the reader to its most important parts.” —German-British Chamber of Industry and Commerce Website

“Review of the First Edition: As a result of his broad knowledge on the subject and rich professional experience, Mr. Van Calster provides great insight into current issues within international law. The book is practical as both a student textbook and a general introduction for legal professionals. It is divided into seven chapters, all aspects of which are crucial for proper understanding of the subject…We advise both students and professionals to take a closer look at this publication as it offers the reader all the vital elements and structure of PIL and its development.” —Association for International Arbitration Newsletter

“Review of the First Edition:…recommended reading for those students and practitioners who wish to acquaint themselves with the basics or update their existing knowledge of this crucial area of the law without denting their wallet.” —Law Quarterly Review, Volume 131

“As a result of his broad knowledge on the subject and rich professional experience, Mr. Van Calster provides great insight into current issues within international law. The book is practical as both a student textbook and a general introduction for legal professionals. It is divided into seven chapters, all aspects of which are crucial for proper understanding of the subject...We advise both students and professionals to take a closer look at this publication as it offers the reader all the vital elements and structure of PIL and its development.” —Association for International Arbitration Newsletter, 'In Touch'

“This book is a well-written, topical treatment...Recommended reading for scholars and practitioners alike.” —bobwessels.nl

“Unlike many other texts on European PIL, van Calster draws from his experience in legal practice to provide examples of the reality of the application of PIL in practice. The book will be of particular interest to academics, practitioners and undergraduate students.” —Maastricht European Private Law Institute website

“The second edition of the famous textbook by Professor Van Calster […], a work unique in its genre (in English), unlocks the fundamentals of the subject. (Translated from the original French)” —Revue trimestrielle de droit européen

From the Publisher