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Jurisdiction and Cross-Border Collective Redress - A European Private International Law Perspective (Hardcover)
Loot Price: R3,906
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Jurisdiction and Cross-Border Collective Redress - A European Private International Law Perspective (Hardcover)
Series: Studies in Private International Law
Expected to ship within 10 - 15 working days
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In recent decades, the rise in cross-border law violations has
harmed numerous victims around the globe. The damages are often
dispersed and low-level. As a result, the private enforcement gap
has deepened and collective redress represents an interesting
procedural instrument that is able to provide effective access to
justice. This book analyses thoroughly the dominant collective
redress models adopted in the EU. Data from 13 Member States has
been catalogued and categorised. The research mainly focuses on the
consumer law field but frequent references to financial and data
protection-related cases are made. The dominant collective redress
models are then studied from a private international law
perspective. In particular, the book highlights the current
mismatch between collective redress on the one hand, and rules on
international jurisdiction on the other. Additionally, it notes
that barriers to cross-border litigation remain significant for
victims and their representatives. The unprecedented empirical
study included in this book confirms that statement. Observing that
EU measures have not satisfactorily lowered those barriers, the
author proposes the creation of a new head of jurisdiction for
cases of international collective redress. This book will be of
interest to private international law scholars, researchers,
students, legal practitioners, judges and policy-makers. It is a
reference point for those with an interest in cross-border
collective redress in particular, and private international law in
general.
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