Suchergebnisse

Intro -- Preface to the First Edition, 2012 -- Preface to the Second Edition, 2016 -- Preface to the Third Edition, 2021 -- Preface to the Fourth Edition, 2024 -- Contents -- Table of Cases -- Table of Legislation -- 1. Introduction -- 1.1. The Concept, Nature and Development of Private International Law -- 1.2. Sources of Private International Law -- 1.3. The Three Processes of Private International Law, 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 -- 1.7. Brexit -- 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 - Non-Contractual Obligations -- 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. Specific Choice of Law Rules for Specific Non-Contractual Obligations: 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/Ordre Public -- 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. General Context of the 2015 Amendments -- 5.4. Scope of Application, Dovetailing with the Brussels I Recast and Overall Aim.

Preliminary Material : Breaking out of Alice's looking-glass : an introduction -- What is international law attached to? -- Some propositions and conditioning factors -- The world constitutive process and its decision functions -- The international lawmaking function -- Two modes of principled decision-making -- The international law-applying function -- Participation arrangements for States: the transformation of self-determination and the emergence of the individual -- Sovereignty and human rights : changing the internal arrangements of States by external means -- The actors theory has ignored -- Human rights and individualism : regulating national control and providing international protection -- Contingencies for the use of force : myth system and operational code -- The use and abuse of force : jus in bello -- The penumbra of professionalism : the citizenship role of the international lawyer -- International law as a profession : dilemmas of identity and commitment.

International audience ; This article addresses the identity of the legitimate actors of international law-making from the perspective of democratic theory. It argues that both states or state-based international organisations, and civil society actors should be considered complementary legitimate actors of international law-making. Unlike previous accounts, our proposed model of representation, the Multiple Representation Model, is based on an expanded, democratic understanding of the principle of state participation: it is specifically designed to palliate the democratic deficits of more common versions of the Principle of State Consent. Second, it endorses a qualified version of the Principle of Civil Society Participation, one that is much more restrictive and more critical of the democratic defects of civil society actors than most of its current supporters. Finally, it reveals how the democratic strengths and deficits of both models are best approached as mirroring one another and need to be combined in a complex account of representation.