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In fifty years, European private international law has undergone
significant changes. Increased globalization and the emergence of
e-commerce has led to a greater need for and more widespread
reliance on private international law. As a result, most legal
practitioners can no longer avoid it in their day-to-day
practices.Each year, the Jura Falconis conference is held to
discuss prior developments, draw lessons from the past and offer
perspectives for the future of European private international law.
The 50th anniversary of the Brussels Convention (1968) presented
itself as the perfect discussion point for the 2018
conference.European Private International Law at 50 is the written
result of the 2018 conference. It brings together legal experts and
provides the reader with a thorough examination of the most
important aspects of the field, considering possible future
developments and the impact of Brexit
The decentralization of competition law enforcement and the
stimulation of private damages actions in the European Union go
hand in hand with the increasingly international character of
antitrust proceedings. As a consequence, there is an ever-growing
need for clear and workable rules to coordinate cross-border
actions, whether they are of a judicial or administrative nature:
rules on jurisdiction, applicable law and recognition, as well as
rules on sharing of evidence, the protection of business secrets,
and the interplay between administrative and judicial procedures.
This book offers in-depth analysis of these long neglected, yet
important, topics. It is the fruit of a research project funded by
the European Commission, which brought together experts in
academia, practice, and policy-making from across Europe and the
United States. The 16 chapters cover the relevant provisions of the
Brussels I and Rome I and Rome II Regulations, the co-operation
mechanisms provided for by Regulation 1/2003, and selected issues
of US procedural law (such as discovery) that are highly relevant
for transatlantic damages actions. Each contribution critically
analyzes the existing legislative framework and formulates specific
proposals that would consolidate and enhance cross-border antitrust
litigation in Europe and beyond. (Series: Studies in Private
International Law - Vol. 8)
Several Member States of the European Union have concluded treaties
and conventions with Third States dealing with questions of
succession law in cross-border matters. Some of these treaties
originate from the beginning of the 20th century and are outdated.
The European legislator, however, cannot supersede these treaties
and conventions unilaterally with its regulations, in fact they
enjoy priority over the European Succession Regulation. The
harmonizing effect of European private international law is hence
endangered, the more so, as these treaties and conventions often
cover large groups of third State nationals in the respective
Member State. This book analyzes the background, scope and
practical impact of bilateral treaties and multilateral conventions
concluded by selected Member States of the European Union with
third States, both from the European and the third State
perspective. It evaluates the impact of these treaties and
conventions on the functioning of the European Succession
Regulation and the possibilities to facilitate the interplay
between these instruments and European private international law.
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