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European Yearbook of International Economic Law 2021 (1st ed. 2022): Jelena Bäumler, Christina Binder, Marc Bungenberg, Markus... European Yearbook of International Economic Law 2021 (1st ed. 2022)
Jelena Bäumler, Christina Binder, Marc Bungenberg, Markus Krajewski, Giesela Rühl, …
R4,768 Discovery Miles 47 680 Ships in 10 - 15 working days

Volume 12 of the EYIEL focuses on “The Future of Dispute Settlement in International Economic Law”. While new forms of dispute settlement are emerging, others are in deep crisis. The volume starts off with reflections on Dispute Settlement and the World Trade Organisation, most prominently the crisis of the Appellate Body, but also addressing international intellectual property law and the African Continental Free Trade Area. This is followed by a section on Dispute Settlement and Investment Protection/International Investment Law, which includes articles on the summary dismissal of claims, the margin of appreciation doctrine, the use of conciliation to settle sovereign debt disputes, and contract-based arbitration in light of Achmea and Hagia Sophia at ICSID. Further contributions consider the emerging role of commercial courts, the dejudicialization of international economic law, dispute settlement in the UK-EU Withdrawal Agreement, reference mechanisms in dispute resolution clauses, and UNCLOS. 

How European is European Private International Law - Sources, Court Practice, Academic Discourse (Hardcover): Jan von Hein,... How European is European Private International Law - Sources, Court Practice, Academic Discourse (Hardcover)
Jan von Hein, Eva-Maria Kieninger, Giesela Rühl; Contributions by Eva-Maria Kieninger, Jan von Hein, …
R3,070 Discovery Miles 30 700 Out of stock

Over the course of the last few decades, the European legislature has adopted a total of 18 Regulations in the area of private international law, including civil procedure. The resulting substantial legislative unification has been described as the first true 'Europeanisation' of private international law, and even as a kind of 'European Choice of Law Revolution'. However, it remains largely unclear whether the far-reaching unification of the 'law on the books' has turned private international law into a truly European 'law in action': To what extent is European private international law actually based on uniform European rules common to all Member States, rather than on state treaties or instruments of enhanced cooperation? Is the manner in which academics and practitioners analyse and interpret European private international law really different from previously existing domestic approaches to private international law? Or, rather, is the actual application and interpretation of European private international law still influenced, or even dominated, by national legal traditions, leading to a re-fragmentation of a supposedly uniform body of law?In bringing together academics from all over Europe, How European is European Private International Law? sets out to answer for the first time these crucial and interrelated questions. It sheds light on the conspicuous lack of 'Europeanness' currently symptomatic of European private international law and discusses how this body of law can become truly European in character in the future.

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