Civil Jurisdiction Rules of the EU and Their Impact on Third States
By (author) Thalia Kruger
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Civil Jurisdiction Rules of the EU and Their Impact on Third States by Thalia Kruger
Book DescriptionOver the past few years the European Community has been active in establishing rules of civil jurisdiction. This book provides a comprehensive treatment of the three main instruments for implementing these rules: Brussels I (covering jurisdiction in civil and commercial matters), Brussels IIbis (jurisdiction in matters of divorce and parental responsibility) and the Insolvency Regulation. The Regulations were drawn up from the point of view of the European Community and the facilitation of co-operation between the Member States. However, legal practice shows that disputes, whether of a commercial or family nature, are not always neatly restricted to being either within the competence of the EU, or entirely outside the EU. When a single dispute might fall into the jurisdiction of either EU Member States or third States, the exact scope of application of the Regulations is uncertain. This book covers the background and development of civil jurisdiction rules in the European Union, analysing the three main regulations on civil jurisdiction, and the effect that the application of these rules has on parties domiciled or habitually resident outside the EU, particularly with regard to the recognition and enforcement of judgments made within the EU in external jurisdictions. There is analysis of case law and practical problems which have arisen, or might arise, in disputes where there is a conflict of laws between an EU Member State and a third State, for example involving the rules of the domicile of the defendant, exclusive jurisdiction, forum clauses, and procedural rules such as forum non conveniens and lis pendens. It will also examine the external competences of the European Community in the field of civil jurisdiction with regard to the ECJ Lugano Opinion and the far-reaching implications of this ruling for possible future conventions, both for the EU and for third states who will now have to negotiate with the European Community as a whole, and not with a collection of states.
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Book DetailsISBN: 9780199228577
(240mm x 164mm x 31mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 24-Jan-2008
Country of Publication: United Kingdom
Books By Author Thalia Kruger
Practice of Arbitration, Hardback (September 2012)
This book offers a series of commentaries on noteworthy arbitration awards and court decisions on arbitration. Influential authors with proven arbitration experience share their insights on celebrated and less well-known cases, drawn from various countries, various arbitration institutions and including both commercial and investment arbitration.
International Child Abduction, Hardback (July 2011)» View all books by Thalia Kruger
International child abduction occurs when one parent wrongfully (that is, in breach of the parental responsibility of the other parent) takes a child to a country other than that of the child's habitual residence, or wrongfully keeps a child in such country. This book sets the problem of child abduction within its international context.
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Author Biography - Thalia Kruger
Thalia Kruger is a senior lecturer at the Faculty of Law at the University of Cape Town, South Africa. She was admitted as an advocate at the High Court of Umtata in South Africa in 1999. She was previously an Academic Assistant at the Department of International and Foreign Law at the Katholieke Universiteit Leuven, where she also completed her PhD, Civil Jurisdiction Rules of the European Union and their impact on third States.
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