How European is European Private International Law
Sources, Court Practice, Academic Discourse
Jan von Hein editor Eva-Maria Kieninger editor Giesela Rühl editor
Format:Hardback
Publisher:Intersentia Ltd
Published:13th Sep '19
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This book explores the extent to which European private international law has become a unified legal field, addressing key questions about its true European nature.
Over the past few decades, the European legislature has enacted 18 Regulations concerning private international law. This raises an important question: has this legislative activity truly transformed private international law into a genuinely European domain? The book, How European is European Private International Law, provides a comprehensive analysis of the extent to which European private international law embodies a unified European approach.
The legislative unification has been characterized as a significant step towards the 'Europeanisation' of private international law, often referred to as a 'European Choice of Law Revolution.' However, the book delves into whether this unification translates into a practical, uniform legal framework across all Member States, or if it remains influenced by individual state treaties and varying legal traditions. It critically examines whether the academic and practical interpretations of European private international law differ from traditional domestic practices.
Bringing together scholars from across Europe, How European is European Private International Law tackles these pivotal questions for the first time. It highlights the notable absence of a cohesive 'Europeanness' in the current landscape of European private international law and proposes pathways for how this legal domain can evolve to genuinely reflect a European character in the future.
ISBN: 9781780686981
Dimensions: unknown
Weight: 825g
376 pages