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Books > Law > International law > Private international law & conflict of laws
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Punitive Damages in Private International Law - Lessons for the European Union (Paperback)
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Punitive Damages in Private International Law - Lessons for the European Union (Paperback)
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Although European scholars have called U.S. punitive damages an
"(undesired) peculiarity of American law " and the "Trojan horse of
the Americanisation of continental law", the European Union cannot
close its eyes to this important feature of U.S. law. Despite being
under constant scrutiny, punitive damages have a strong foothold on
the other side of the ocean. Moreover, due to increased
globalisation, transnational litigation is arguably on the rise. In
cross-border law suits, it is inevitable that a jurisdiction will
encounter legal institutions that are alien to the substantive law
of the forumThis book examines the private international law
treatment of American punitive damages in the European Union. It
poses the crucial question whether U.S. punitive damages (should)
penetrate the borders of the European Union through the backdoor of
private international law. More specifically, three areas of
private international law are analysed: service of process,
applicable law and enforcement of judgments.In addition to
describing the current positions in case law and scholarship, the
book takes a normative perspective and attempts to formulate
concrete guiding principles that can be used when the European
legal order faces U.S. punitive damages. It, therefore, provides an
invaluable resource for practitioners, judges and authorities
confronted with this controversial remedy. Furthermore, as a
nation's private international law attitude indicates the country's
level of tolerance towards a foreign concept unknown in its own
legal system, the book can form an essential building block for
discussions amongst legislators surrounding the introduction of the
remedy of punitive damages in substantive law.
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