Judicial law 36 results

The book explores, from a comparative perspective, the impact of the European Convention of Human Rights on a wide range of private law issues, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law.

The International Journal of Procedural Law provides an international research platform for scholars and practitioners in the field of procedural law, especially in civil matters.

This book deals with the current trend in investor-state arbitration, with a focus on the African continent.It looks more specifically at the new African Continental Free Trade Area (AfCFTA) and discusses how it can reshape the investor-state dispute system on the continent.

This book addresses the issues of damages in arbitrations between states and investors, from a legal and economic viewpoint.

How to choose the most beneficial enforcement regime for cross-border claims of a client? A question considerably complicated by (1) the existence of various European Union enforcement tools and (2) particularities in the national legal systems that impact on the operation and suitability of the various enforcement tools. This book compares and analyses the practical utility and potential pitfalls of the 2nd generation regulations (European Enforcement Order, European Order for Payment, European Small Claims Procedure and European Account Preservation Order) and their relation to Brussels Ibis. The work is based on an extensive evaluation of case law (published and unpublished), empirical data and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice of the European Union.

A review of recent awards related to investment protection in the Energy and Infrastructure sectors. To which extent a Host State is entitled to "change" its law and what are the limits of the protected "acquired rights" of a foreign investor?

A complete summary of the law and practice of the free circulation of judgments after the Brussels I Regulation Recast.

This book critically analyses the various approaches of public and private law enforcement and their effectiveness across several jurisdictions on the example of one topical and global collective damage event with far reaching consequences for both, consumers and investors: the Dieselgate.

This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.

This book examines the case law of the European Court of Justice concerning the requirement to interpret national law in conformity with EU law directives. It offers an in-depth analysis of the application of this obligation in three Member States: Germany, Ireland and the Netherlands. The key question underlying this examination is to what extent the established theories of supremacy of EU law, national constitutionalism and constitutional pluralism adequately explain the relationship between EU and national law under the duty of consistent interpretation.

This book explores how EU and international civil procedure rules (hard law, soft law, and judicial decision) shape national civil procedure law of the EU member states.

European Union litigation before both, the European and the national courts, has been an important element in the process of European integration. This volume allows to trace the origin and the evolution of the case law in several significant areas.

This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law.

This study provides a unique insight into the world of conflicts of interest. The case studies have as a backdrop Belgian and Dutch legislation. Experiences and practices beyond these two countries are also highlighted.

This rise of a particular kind of European Union legislation known as the ‘optional instrument’ is a novel trend in the context of EU law, and one that until now has not been comprehensively mapped or explored. This study examines and discusses existing and proposed EU Optional Instruments (OIs) in different fields of European law, including company law, intellectual property law and procedural law (such as the European Company, the Community Trade Mark and the European Small Claims Procedure, respectively), as well as contract law.

This book outlines the conduct of civil litigation in the South Pacific. It focuses on the superior courts of Fiji, Kiribati, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. It discusses relevant case law and legislation and suggests possible reforms.

This book regroups the presentations rendered at the CEPANI40 conference on 20 October 2015 putting the spotlight on counsel as one of the crucial actors in arbitration.

Many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures, including the way in which evidence is introduced, collected and presented in court.

This yearbook takes up recent trends in international arbitration.

Public confidence in the justice system depends on the belief that decisions made in the judicial processes are reasonably correct and accurate. This book focuses on the systems of appellate control of court judgments. The editors explore the relationship between the different approaches to appeals in national civil justice systems and their impact on the overall efficiency and effectiveness of the legal protection of individual rights.