Private Law in the External Relations of the EU

Private Law in the External Relations of the EU

Private Law in the External Relations of the EU

Private Law in the External Relations of the EU

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Overview

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.

Product Details

ISBN-13: 9780191062018
Publisher: OUP Oxford
Publication date: 03/17/2016
Sold by: Barnes & Noble
Format: eBook
Pages: 350
File size: 715 KB

About the Author

Marise Cremona is Professor of European Law at the European University Institute, Florence. Between November 2009 and June 2012 she was Head of the Department of Law at the EUI and between June 2012 and August 2013 she was President ad interim of the EUI. She is a co-Director of the Academy of European Law and general co-editor of The Collected Courses of the Academy of European Law, Oxford University Press. She has published extensively on the external relations law of the European Union, including Developments in EU External Relations Law (Oxford University Press, 2008); EU Foreign Relations Law - Constitutional Fundamentals, edited with B de Witte (Hart Publishing, 2008); and The European Court of Justice and External Relations Law - Constitutional Challenges, edited with A Thies (Hart Publishing 2014). Hans-W Micklitz is Professor of Economic Law at the European University Institute, Florence; Jean Monnet Chair of Private and European Economic Law at the University of Bamberg, Germany, Head of the Institute of European and Consumer Law in Bamberg, between July 2012 and 2015 Head of the Department of Law at the EUI, holder of an ERC grant on European Regulatory Private Law (2011-2016) and Finish distinguished professor of the Academy of Finland (2016-2020). He has published extensively on European private law and European law, including The Politics of Judicial Co-operation in the EU - the Case of Sunday trading, Equal Treatment and Good Faith, 2005, CUP, with R. Brownsword/L. Niglia/St. Weatherill (eds.), Foundations of European Private Law, Hart 2011; (ed.), The Many Concepts of Social Justice in European Private Law, Elgar 2011, with B. de Witte (eds.), The ECJ and the Autonomy of the Member States, Intersentia 2012; (ed.) Constitutionalisation of European Private Law, OUP, 2014.

Table of Contents

Introduction
1. The Internal vs the External Dimension of European Private Law: A Conceptual Design and a Research Agenda, Hans-W. Micklitz
2. A Triple Braid- Interactions between International Law, EU Law, and Private Law, Marise Cremona
3. The Specificity of Private Law in EU External Relations: The Area of Freedom, Security, and Justice, Christiaan Timmermans
4. The External Dimension of Rome I and Rome II: Neutrality of Schizophrenia?, Stephanie Francq
5. The External Dimension of International Family Law, Etienne Pataut
6. The External Reach of EU Private Law in the Light of L'Oreal v eBay and Google and Google Spain, Niilo Jaaskinen and Angela Ward
7. EU Contract and Company Law with Global Reach?, Stefan Grundmann
8. International Banking Standards, Private Law, and the European Union, Jan Wouters and Jed Odermatt
9. The EU in the Transnational Financial Regulatory Arena - The Case of IOSCO, Antonio Marcacci
10. The External Dimension of EU Consumer Law, Jules Stuyck and Mateja Djurovic
11. EU Regulatory Private Law in the Energy Community: The Synergy between the CEER and the ECRB in Facilitating Customer Protection, Anna-Alexandra Marhold
12. Non-Measurable Negotiations: The EU between Transnational Regulation of Pharmaceuticals and Private Law, Marco Rizzi
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