: Paul Volken, Andrea Bonomi
: Petar Sarcevic, Paul Volken, Andrea Bonomi, The Swiss Institute of Comparative Law (Eds.)
: 2007 Volume IX (2007) (Schriften zum Gemeinschaftsprivatrecht)
: sellier.european law publishers
: 9783866537200
: 1
: CHF 141.20
:
: Allgemeines, Lexika
: English
: 638
: DRM
: PC/MAC/eReader/Tablet
: PDF
< >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 again a very rich and multi-faceted book.
An entire thematic section of this volume is devoted to the 'Rome II' Regulation on the law applicable to non-contractual obligations, which was adopted by the EC institutions in July 2007. Being the first EC regulation on pure applicable law issues, this text 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 party 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.
TABLE OF CONTENTS8
FOREWORD12
ABBREVIATIONS16
PLACE OF INJURY, HABITUAL RESIDENCE, CLOSER CONNECTION AND SUBSTANTIVE SCOPE: THE BASIC PRINCIPLES18
PARTY AUTONOMY AND ITS LIMITATIONS IN THE ROME II REGULATION36
INTERNATIONAL PRODUCT LIABILITY48
UNFAIR COMPETITION AND ACTS RESTRICTING FREE COMPETITION66
THE LAW APPLICABLE TO CROSS-BORDER DAMAGE TO THE ENVIRONMENT88
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS104
THE LAW APPLICABLE TO A NON-CONTRACTUAL OBLIGATION WITH RESPECT TO AN INDUSTRIAL ACTION132
CULPA IN CONTRAHENDO IN THE CONFLICT OF LAWS144
RELATIONSHIPS BETWEEN ‘ROME II’ AND OTHER INTERNATIONAL INSTRUMENTS154
ROME II: A CENTRIST CRITIQUE166
THE ROME II REGULATION FROM A JAPANESE POINT OF VIEW192
A QUICK LATIN AMERICAN LOOK AT THE ROME II REGULATION210
A COMMON LAW COCOON: AUSTRALIA AND THE ROME II REGULATION220
A DECADE OF PRIVATE INTERNATIONAL LAW IN AFRICAN COURTS 1997-2007 (PART I)240
SOURCES AND GENERAL PRINCIPLES OF PORTUGUESE PRIVATE INTERNATIONAL LAW: AN OUTLINE274
SOME REMARKS ON THE APPLICABLE LAW TO INTERNATIONAL SUCCESSIONS IN ROMANIA294
THE 2007 TURKISH CODE CONCERNING PRIVATE INTERNATIONAL LAW AND INTERNATIONAL CIVIL PROCEDURE330
RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN QUEBEC360
A WIDER VISION IN CHOICE OF PRESCRIPTION LAW374
THE BULGARIAN PRIVATE INTERNATIONAL LAW CODE OF 2005392
NEW PERSPECTIVES IN SPANISH LEGAL PRACTICE ON THE EXERCISE OF RIGHTS OF ACCESS ACROSS INTERNATIONAL BORDERS404
ACTIVITIES OF THE EUROPEAN COMMUNITY IN THE FIELD OF PRIVATE INTERNATIONAL LAW IN 2007416
ENFORCEMENT OF ARBITRATION AGREEMENTS BY ANTI-SUIT INJUNCTIONS IN EUROPE – FROM TURNER TO WEST TANKERS432
EUROPEAN UNION. THE ECJ IN SEARCH OF LEGAL CERTAINTY FOR JURISDICTION IN CONTRACT: THE COLOR DRACK DECISION456
ENGLAND. ENFORCEMENT OF ARBITRATION AGREEMENTS: THE END OF THE ENGLISH EXCEPTION466
SINGAPORE. THE EFFECT OF CONTRACT ON THE LAW GOVERNING CLAIMS IN TORTS AND EQUITY476
SLOVAK REPUBLIC. THE HABITUAL RESIDENCE IN SLOVAKIAN PRIVATE INTERNATIONAL LAW: DECISION OF THE DISTRICT COURT IN MARTIN OF 21 DECEMBER 2007488
SWEDEN. THE VALIDITY OF A COLLECTIVE LABOUR AGREEMENT RESULTING FROM A SWEDISH BLACKING – THE RICKMERS TIANJIN (AD 2007 NR. 2)498
CZECH REPUBLIC. JURISDICTION OVER CONSUMER CONTRACTS UNDER ARTICLE 15(1) (B) OF THE BRUSSELS I REGULATION AND THE DEFINITION OF THE ‘CONSUMER’S DOMICILE’512
THE RECOGNITION AND ENFORCEMENT OF INTERIM MEASURES ORDERED BY INTERNATIONAL ARBITRATORS520
REGULATING THE JURISDICTION OF COURTS IN INTERNATIONAL LITIGATION: TOWARDS A GLOBAL ANSWER IN CIVIL AND COMMERCIAL MATTERS558
TURKEY. THE 2007 TURKISH CODE ON PRIVATE INTERNATIONAL LAW AND INTERNATIONAL CIVIL PROCEDURE600
BOOK REVIEWS622
INDEX630