Volume IX 2007
-
Paul Volken
and Andrea Bonomi -
Founded by:
Petar Sarcevic
About this book
2007 was arguably the most extraordinary year in recent memory for the development of Private International Law. Reflecting the vitality and fluidity of a subject that is in constant motion, Volume IX of the Yearbook of Private International Law is again a very rich and multi-faceted book.
An entire thematic section of this volume is devoted to the "Rome II" Regulation on the law applicable to non-contractual obligations, which was adopted by the EC institutions in July 2007. Being the first EC regulation on pure applicable law issues, this text opens up a new era in the process of creating a European PIL system. It deserved therefore a detailed commentary and analysis of its main provisions by experts from several EU States. Because of the interest that this European text presents for third party States, some distinguished scholars from non-European areas (the US, Japan, Latin America and Australia) were also asked to express their views on this important piece of Community legislation and the possible influence it may have on conflict developments in their respective countries and regions.
Supplementary Materials
Topics
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Frontmatter
I -
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TABLE OF CONTENTS
VII -
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FOREWORD
XI -
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ABBREVIATIONS
XV - The Rome II Regulation – An Overview
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PLACE OF INJURY, HABITUAL RESIDENCE, CLOSER CONNECTION AND SUBSTANTIVE SCOPE: THE BASIC PRINCIPLES
1 -
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PARTY AUTONOMY AND ITS LIMITATIONS IN THE ROME II REGULATION
19 -
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INTERNATIONAL PRODUCT LIABILITY
31 -
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UNFAIR COMPETITION AND ACTS RESTRICTING FREE COMPETITION
49 -
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THE LAW APPLICABLE TO CROSS-BORDER DAMAGE TO THE ENVIRONMENT
71 -
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INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
87 -
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THE LAW APPLICABLE TO A NON-CONTRACTUAL OBLIGATION WITH RESPECT TO AN INDUSTRIAL ACTION
115 -
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CULPA IN CONTRAHENDO IN THE CONFLICT OF LAWS
127 -
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RELATIONSHIPS BETWEEN ‘ROME II’ AND OTHER INTERNATIONAL INSTRUMENTS
137 -
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ROME II: A CENTRIST CRITIQUE
149 -
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THE ROME II REGULATION FROM A JAPANESE POINT OF VIEW
175 -
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A QUICK LATIN AMERICAN LOOK AT THE ROME II REGULATION
193 -
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A COMMON LAW COCOON: AUSTRALIA AND THE ROME II REGULATION
203 - National Reports
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A DECADE OF PRIVATE INTERNATIONAL LAW IN AFRICAN COURTS 1997-2007 (PART I)
223 -
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SOURCES AND GENERAL PRINCIPLES OF PORTUGUESE PRIVATE INTERNATIONAL LAW: AN OUTLINE
257 -
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SOME REMARKS ON THE APPLICABLE LAW TO INTERNATIONAL SUCCESSIONS IN ROMANIA
277 -
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THE 2007 TURKISH CODE CONCERNING PRIVATE INTERNATIONAL LAW AND INTERNATIONAL CIVIL PROCEDURE
313 -
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RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN QUEBEC
343 -
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A WIDER VISION IN CHOICE OF PRESCRIPTION LAW
357 -
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THE BULGARIAN PRIVATE INTERNATIONAL LAW CODE OF 2005
375 -
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NEW PERSPECTIVES IN SPANISH LEGAL PRACTICE ON THE EXERCISE OF RIGHTS OF ACCESS ACROSS INTERNATIONAL BORDERS
387 - News from Brussels
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ACTIVITIES OF THE EUROPEAN COMMUNITY IN THE FIELD OF PRIVATE INTERNATIONAL LAW IN 2007
399 - Court Decisions
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ENFORCEMENT OF ARBITRATION AGREEMENTS BY ANTI-SUIT INJUNCTIONS IN EUROPE – FROM TURNER TO WEST TANKERS
415 -
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EUROPEAN UNION. THE ECJ IN SEARCH OF LEGAL CERTAINTY FOR JURISDICTION IN CONTRACT: THE COLOR DRACK DECISION
439 -
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ENGLAND. ENFORCEMENT OF ARBITRATION AGREEMENTS: THE END OF THE ENGLISH EXCEPTION
449 -
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SINGAPORE. THE EFFECT OF CONTRACT ON THE LAW GOVERNING CLAIMS IN TORTS AND EQUITY
459 -
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SLOVAK REPUBLIC. THE HABITUAL RESIDENCE IN SLOVAKIAN PRIVATE INTERNATIONAL LAW: DECISION OF THE DISTRICT COURT IN MARTIN OF 21 DECEMBER 2007
471 -
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SWEDEN. THE VALIDITY OF A COLLECTIVE LABOUR AGREEMENT RESULTING FROM A SWEDISH BLACKING – THE RICKMERS TIANJIN (AD 2007 NR. 2)
481 -
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CZECH REPUBLIC. JURISDICTION OVER CONSUMER CONTRACTS UNDER ARTICLE 15(1) (B) OF THE BRUSSELS I REGULATION AND THE DEFINITION OF THE ‘CONSUMER’S DOMICILE’
495 - Forum
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THE RECOGNITION AND ENFORCEMENT OF INTERIM MEASURES ORDERED BY INTERNATIONAL ARBITRATORS
503 -
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REGULATING THE JURISDICTION OF COURTS IN INTERNATIONAL LITIGATION: TOWARDS A GLOBAL ANSWER IN CIVIL AND COMMERCIAL MATTERS
541 - Texts, Materials and Recent Developments
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TURKEY. THE 2007 TURKISH CODE ON PRIVATE INTERNATIONAL LAW AND INTERNATIONAL CIVIL PROCEDURE
583 -
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BOOK REVIEWS
605 -
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Backmatter
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