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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
European Private International Law 2nd ed isbn 9781849466721

European Private International Law

ISBN13: 9781849462419
New Edition ISBN: 9781849466721
Published: February 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: Out of print

Useable both as a student textbook and as a general introduction for legal professionals, European Private International Law is designed to reflect the reality of legal practice throughout the EU.

The private international law of the Member States is increasingly regulated by the EU, making private international law ever less 'national' and ever more statutorily based. Consequentially EU law in this area has penetrated national law to a very high degree, making it an essential area of study for European law students, and an area of increasing importance to practising lawyers throughout the EU.

This book provides a thorough overview of core European PIL, including the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort), while additional chapters deal with current and cutting-edge developments in the areas of PIL and insolvency, information, communications and technology, corporate social responsibility and intellectual property.

Conflict of Laws
1. Introduction
1.1 The Concept, Nature and Development of Private International Law
1.2 Sources of Private International Law
1.3 The 3 Processes of PIL, and Standard 'Connecting Factors'
1.4 Characterisation, Renvoi and the 'incidental' issue or Vorfrage
1.5 Forum shopping and forum non conveniens
1.6 The Impact of European Law on the Private International Law of the Member States
2. The Core of European Private International Law: Jurisdiction

2.1 Summary
2.2 Detailed Review of the Regulation

3. The Core of European Private International Law: Applicable Law - Contracts
3.1 Summary
3.2 Detailed review of the Regulation

4. The Core of European Private International Law: Applicable Law - Tort
4.1 Introduction
4.2 General Principles
4.3 Scope of Application
4.4 Applicable Law - General Rule: Lex loci damni
4.5 One General Exception to the General Rule and one Escape Clause
4.6 Specifi c Choice of Law Rules for Specifi c Torts - No Specific Rules for 'Protected Categories'
4.7 Freedom to Choose Applicable Law
4.8 Scope of the Law Applicable
4.9 Contract-Related Tort Claims
4.10 'Overriding' Mandatory Law and Public Order

5. The Insolvency Regulation
5.1 The overall nature of and core approaches to insolvency and private international law
5.2 Genesis of the Insolvency Regulation
5.3 Scope of application and overall aim
5.4 The international impact of the Regulation
5.5 The jurisdictional model: Universal jurisdiction based on COMI, alongside limited territorial procedures
5.6 Applicable law
5.7 Recognition and enforcement of insolvency proceedings
5.8 Powers of the liquidator
5.9 Future amendment of the Regulation

6. Free Movement of Establishment, Lex Societatis and Private International Law
6.1 Daily Mail
6.2 Centros
6.3 Uberseering
6.4 Inspire Art
6.5 Cartesio - and its mirror image: Vale
6.6 Grid Indus

7. Private International Law, Corporate Social Responsibility and Extraterritoriality
7.1 The role of Private International Law in operationalizing Corporate Social Responsibility
7.2 The United States: Litigation Based on The Alien Tort Statute
7.3 The European Union