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Employment Contracts In Private International Law

Author: Louise Merrett
Publisher: OUP Oxford
ISBN: 9780199591046
Size: 74.74 MB
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Addressing both the common law rules on jurisdiction, and special rules on employment within the European regimes for jurisdiction and choice of law, this book provides essential information for the application of relevant rules in both employment law and private international law, and explains the context in which they operate.

The International Employment Contract

Author: Uglješa Grušić
Size: 26.74 MB
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Private international law has traditionally been perceived as a field of law concerned with resolving individual private disputes and achieving private justice and fairness in individual cases. This dissertation challenges this view by examining the systemic function of European private international law of employment, one of allocating and protecting regulatory (i.e. legislative and adjudicatory) authority of states in the field of labour law, thus maintaining and managing the diversity of European national labour law systems and safeguarding the objectives of uniform and harmonised EU employment legislation. This dissertation also explores the changes that the 'Europeanization' of private international law of employment has brought about in the traditional rules and perception in this field of law in England. In addition to introducing special rules of jurisdiction in employment matters that had not existed before, the European private international law instruments have largely merged the traditionally perceived contractual, statutory and tortious claims into one type of claim for choice-of-law purposes, thereby also abolishing concurrent causes of action. The conceptualisation of this field of law in terms of its regulatory function reveals something about the nature of private international law as a whole. The fact that European private international law of employment performs a regulatory function is a piece of evidence for the proposition that the division between the 'private' and the 'public', traditionally perceived as embedded in the foundations of the discipline and even expressed in its very name, has faded away.

Eu Private International Law

Author: Michael Bogdan
Publisher: Europa Law Publishing
ISBN: 9789076871714
Size: 56.72 MB
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This book provides an easy access to, and overview of, the case law of the Court of Justice of the European Communities (ECJ) pertaining to private international law. The book contains edited extracts from all ECJ decisions of immediate private international law relevance made before October 1, 2006. Most of the cases deal with the original or amended versions of the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters from 1968. These judgments retain their authority also with regard to the interpretation of Regulation No 44/2001 of December 22, 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the so-called Brussels I Regulation). The existing ECJ case law regarding other EC regulations and directives dealing with private international law are also included, as well as a number of relevant judgments concerning the interpretation of the EC Treaty itself.

Cases And Materials On Eu Private International Law

Author: Stefania Bariatti
Publisher: Bloomsbury Publishing
ISBN: 1847316425
Size: 52.93 MB
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Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments.

European Private International Law

Author: Geert Van Calster
Publisher: Bloomsbury Publishing
ISBN: 1509905960
Size: 53.10 MB
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As one of the most definitive texts on the market, European Private International Law provides an essential guide for both students and practitioners to the complex field of international litigation within the EU. The private international law of the Member States is increasingly regulated by European law, making private international law ever less 'national' and ever more EU based. Consequentially EU law in this area has penetrated national law to a very high degree, making it an essential area of study and an area of increasing importance to practising lawyers. This book provides a thorough overview of core European private international law, including the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort), while additional chapters deal with the recently adopted Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. From the reviews of the first edition 'As a result of his broad knowledge on the subject and rich professional experience, Mr van Calster provides great insight into current issues within international law. The book is practical as both a student textbook and a general introduction for legal professionals'. Vladimir Cupryszak, Association for International Arbitration 'Excellent overview of European Private International Law issues, as well as a very helpful introduction to basic concepts of conflicts of laws and jurisdictions'. Professor Stavros Brekoulakis, Queen Mary University of London 'This is a most useful book. I recommend it to my students as a great way to come to terms with the EU elements of Private International Law'. Dr David Kenny, Trinity College Dublin 'This book is essential reading for law students in Europe and abroad. It provides a coherent overview of all main elements of European private international law; concepts, legal instruments and practice'. Professor Kim Talus, UEF Law School, Finland 'Well-written, clear and understandable. Excellent value for money'. Dr Jan Oster, King's College London, UK

Encyclopedia Of Private International Law

Author: Jürgen Basedow
Publisher: Edward Elgar Publishing
ISBN: 9781782547228
Size: 35.98 MB
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The Encyclopedia of Private International Law quite simply represents the definitive reference work in the field. Bringing together 195 authors from 57 countries the Encyclopedia sheds light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration.The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level.The Encyclopedia is a rich and varied resource in four volumes. The first two volumes provide comprehensive coverage of topical aspects of Private International Law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national Private International Law regimes of 80 different countries. The fourth volume presents invaluable, and often unique, English language translations of the national codifications and provisions of Private International Law in those countries.Key Features:* 247 substantive entries* 80 national reports* Entries organized alphabetically for ease of navigation * Fully cross-referenced* Entries written by the world's foremost scholars of Private International Law* National codifications in English collected together into a single volume for quick reference* World class editor team.

Religion Equality And Employment In Europe

Author: Katayoun Alidadi
Publisher: Bloomsbury Publishing
ISBN: 1509911383
Size: 34.86 MB
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PRAISE FOR THE BOOK 'This book offers a comprehensive exploration of a traditionally neglected theme which is of great practical significance for the prosperous development of multi-religious societies. Alidadi presents an innovative combination of findings from different normative and empirical disciplines, particularly law and sociology, and offers critical contributions to central debates within legal theory, including on the meaning of State neutrality vis-à-vis religion, secularity, formal and substantive equality, diversity and multiculturalism …a 'must' for everyone in the future dealing with issues of religious freedom, tolerance or discrimination in the workplace.' Heiner Bielefeldt, Professor of Human Rights and Human Rights Policy at the University of Erlangen and Former UN Rapporteur on Freedom of Religion or Belief 'The workplace has become a site of tension for the relationship between religion and other claims of the liberal state, whether those be the rights of others or the economic imperatives of employers. Arguing for the introduction of the notion of 'reasonable accommodation' for the benefit of religious employees, she draws on a range of legal, theoretical and empirical sources to substantiate her claim that this is the best way for European countries to deal with the reality of religious pluralism. This work will become a significant reference point in this ongoing and important debate.' Carolyn Evans, Harrison Moore Professor of Law, Melbourne Law School 'In this major work of scholarship, which adds substantial insights to the blossoming field of law and religion at a critical time, Katayoun Alidadi shows undeniable courage in unambiguously advancing the idea that only a radical openness to religious and ideological diversity will enable European societies to ensure a prosperous, sustainable and economically competitive future in an increasingly mobile and globalised world.' From the foreword by Marie-Claire Foblets, Director of the Max Planck Institute for Social Anthropology, Halle, Germany '…a timely, expansive, and tremendously important book which offers a smart, sophisticated examination of divisive issues. Alidadi presents her thought-provoking argument in a balanced and compelling fashion.... The case for reasonable accommodation may very well provoke opposition in the current socio-political European context. But there can be no doubt that this rich study will have an impact on any future academic discussion on the accommodation of religious diversity in the workplace.' Rik Torfs, Professor of Canon Law and University Chancellor Catholic University of Leuven, Belgium 'Alidadi's work will rapidly emerge as the premier study of religion in the workplace. Drawing on extensive empirical and legal research, she provides a powerful analysis pointing to the crucial importance of reasonable accommodation as a vital solution not only in employment settings, but in the larger context of our increasingly diverse societies.' W. Cole Durham, Jr., Founding Director, International Center for Law and Religion Studies, Brigham Young University Law School The management of religious and ideological diversity remains a key challenge of our time – deeply entangled with debates about the nature of liberal democracy, equality, social cohesion, minorities and nationalism, security and foreign policy. This book explores this challenge at the level of the workplace in Europe. People do not surrender their religion of belief at the gates of their workplace, nor should they be required to do so. But what are the limits of accommodating religious belief in the workplace, particularly when it clashes with other fundamental rights and freedoms? Using a comparative and socio-legal approach that emphasises the practical role of human rights, anti-discrimination law and employment protection, this book argues for an enforceable right to reasonable accommodation on the grounds of religion and belief in the workplace in Europe. In so doing, it draws on the case law of Europe's two supranational courts, three country studies –Belgium, the Netherlands and the UK – as well as developments in the US and Canada. By offering the first book-length treatment of the issue, it will be of significance to academics, students, policy-makers, business leaders and anyone interested in a deeper understanding of the potentials and limits of European and Western inclusion, freedom and equality in a multicultural context.

Restatement Of Labour Law In Europe

Author: Bernd Waas
Publisher: Bloomsbury Publishing
ISBN: 1509912428
Size: 15.93 MB
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The concept of 'employee' is arguably the most important one in labour law, defining, as it does, the scope of the discipline as a whole. This important new publication aims to develop a restatement of the concept of the employee in European labour law. The study identifies both problems and solutions that have emerged, clearly setting out comparisons between the different member states' approaches. The country reports explore both statutes and case law, tracking their contribution to legal doctrine. The objective of the restatement is to increase knowledge and gain a better understanding of one of the most crucial aspects of European labour law.

Private International Law Of Corporations

Author: Dr. Maria Kaurakova
Publisher: Spiramus Press Ltd
ISBN: 191015167X
Size: 59.19 MB
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This book is about the theory of corporations as subjects of private international law. It aims to show the true extent and depth of legal and jurisdictional problems that states commonly face now, dealing with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction. This work rests on the idea that in the united but diverse and contradictory world founded upon eternal laws, law should be characterized by the same qualities. The main end of private international law should be to support these qualities of the world and law bringing order to it. This book is a manual for jurists, practitioners of law and academics, who need research covering specific legal and jurisdictional issues in a corporate sphere and probes the issue of the place of private international law of corporations in national systems of law, when viewed through institutional, scientific, practical, strategic and economic dimensions. This book examines the issues concerned with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction resting on the idea of distinct public policy with inherent public interest. It provides a careful study of institutional, scientific, practical, strategic and economic aspects of private international law of corporations as it was, is and ought to be. This is to show what was done, what we have at present and what needs to be done in this specific area in a manner suggesting a simple and concise reasoning within the confines of scientific, systematic and historical treatment of the issue in study.