European Private International Law 1st Edition by Geert Van Calster ISBN 1849466726 9781849466721

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ISBN 10: 1849466726 
ISBN 13: 9781849466721
Author: Geert Van Calster

As one of the most definitive texts on the market, European Private International Law provides an essential guide for both students and practitioners to the complex field of international litigation within the EU. The private international law of the Member States is increasingly regulated by European law, making private international law ever less ‘national’ and ever more EU based. Consequentially 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. This book provides a thorough overview of core European private international law, including the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort), while additional chapters deal with the recently adopted Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility.

European Private International Law 1st Table of contents:

1. The Core of European Private International Law: Jurisdiction

   • 2.1 Summary

   • 2.2 Detailed Review of the Regulation

2. The Core of European Private International Law: Applicable Law – Contracts

   • 3.1 Summary

   • 3.2 Detailed Review of the Regulation

3. 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 Specific Choice of Law Rules for Specific 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

4. 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

5. 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

6. 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

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Tags: Geert Van Calster, European Private, International Law