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Imperativeness in Private International Law - A View from Europe (Hardcover, 1st ed. 2022)
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Imperativeness in Private International Law - A View from Europe (Hardcover, 1st ed. 2022)
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This book centres on the ways in which the concept of
imperativeness has found expression in private international law
(PIL) and discusses "imperative norms", and "imperativeness" as
their intrinsic quality, examining the rules or principles that
protect fundamental interests and/or the values of a state so as to
require their application at any cost and without exceptions.
Discussing imperative norms in PIL means referring to international
public policy and overriding mandatory rules: in this book the
origins, content, scope and effects of both these forms of
imperativeness are analyzed in depth. This is a subject deserving
further study, considering that very divergent opinions are still
emerging within academia and case law regarding the differences
between international public policy and overriding mandatory rules
as well as with regard to their way of functioning. By using an
approach mainly based on an analysis of the case law of the CJEU
and of the courts of the various European countries, the book
delves into the origin of imperativeness since Roman law, explains
how imperative norms have evolved in the different conceptions of
private international law, and clarifies the foundation of the
differences between international public policy and overriding
mandatory rules and how these concepts are used in EU Regulations
on PIL (and in the practice related to these sources of law).
Finally, the work discusses the influence of EU and public
international law sources on the concept of imperativeness within
the legal systems of European countries and whether a minimum
content of imperativeness - mainly aimed at ensuring the protection
of fundamental human rights in transnational relationships -
between these countries has emerged. The book will prove an
essential tool for academics with an interest in the analysis of
these general concepts and practitioners having to deal with the
functioning of imperative norms in litigation cases and in the
drafting of international contracts. Giovanni Zarra is Assistant
professor of international law and private international law and
transnational litigation in the Department of Law of the Federico
II University of Naples.
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