國立高雄大學圖資館 |

Language: English

Back

Imperativeness in private international lawa view from Europe /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Imperativeness in private international lawby Giovanni Zarra.
Reminder of title:	a view from Europe /
Author:	Zarra, Giovanni.
Published:	The Hague :T.M.C. Asser Press :2022.
Description:	xi, 255 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
Subject:	Civil lawEuropean Union countries.
Online resource:	https://doi.org/10.1007/978-94-6265-499-0
ISBN:	9789462654990$q(electronic bk.)

Imperativeness in private international lawa view from Europe /
Zarra, Giovanni.

Imperativeness in private international lawa view from Europe /[electronic resource] :by Giovanni Zarra. - The Hague :T.M.C. Asser Press :2022. - xi, 255 p. :ill., digital ;24 cm.

Chapter 1. Between the Application of Foreign Law and the Imperative Application of Domestic Law: A Historical Analysis -- Chapter 2. Testing the Distinction between Public Policy and Overriding Mandatory Rules -- Chapter 3. The Distinction Applied: Forms and Functioning of Imperativeness in EU Private International Law -- Chapter 4. The Minimum Content of Imperativeness in European Private International Law: Imperative Norms Originated in EU Law and Public International Law -- Chapter 5. Conclusions.

This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses "imperative norms", and "imperativeness" as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law) Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness - mainly aimed at ensuring the protection of fundamental human rights in transnational relationships - between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

ISBN: 9789462654990$q(electronic bk.)

Standard No.: 10.1007/978-94-6265-499-0doiSubjects--Topical Terms:

207993
Civil law
--European Union countries.

LC Class. No.: KJE995

Dewey Class. No.: 340.9

Imperativeness in private international lawa view from Europe /
LDR:03731nmm a2200349 a 4500 001 619575
003 DE-He213
005 20220127192429.0
006 m d
007 cr nn 008maaau
008 221103s2022 ne s 0 eng d
020 $a 9789462654990$q(electronic bk.)
020 $a 9789462654983$q(paper)
024 7 $a 10.1007/978-94-6265-499-0 $2 doi
035 $a 978-94-6265-499-0
040 $a GP $c GP
041 0 $a eng
050 4 $a KJE995
072 7 $a LB $2 bicssc
072 7 $a LAM $2 bicssc
072 7 $a LAW051000 $2 bisacsh
072 7 $a LB $2 thema
072 7 $a LAM $2 thema
082 0 4 $a 340.9 $2 23
090 $a KJE995 $b .Z38 2022
100 1 $a Zarra, Giovanni. $3 889265
245 1 0 $a Imperativeness in private international law $h [electronic resource] : $b a view from Europe / $c by Giovanni Zarra.
260 $a The Hague : $b T.M.C. Asser Press : $b Imprint: T.M.C. Asser Press, $c 2022.
300 $a xi, 255 p. : $b ill., digital ; $c 24 cm.
505 0 $a Chapter 1. Between the Application of Foreign Law and the Imperative Application of Domestic Law: A Historical Analysis -- Chapter 2. Testing the Distinction between Public Policy and Overriding Mandatory Rules -- Chapter 3. The Distinction Applied: Forms and Functioning of Imperativeness in EU Private International Law -- Chapter 4. The Minimum Content of Imperativeness in European Private International Law: Imperative Norms Originated in EU Law and Public International Law -- Chapter 5. Conclusions.
520 $a This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses "imperative norms", and "imperativeness" as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law) Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness - mainly aimed at ensuring the protection of fundamental human rights in transnational relationships - between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.
650 0 $a Civil law $z European Union countries. $3 207993
650 0 $a International law. $3 174617
650 1 4 $a Private International Law, International and Foreign Law, Comparative Law. $3 913280
650 2 4 $a Public International Law. $3 530891
650 2 4 $a European Law. $3 558717
650 2 4 $a Dispute Resolution, Mediation, Arbitration. $3 558745
650 2 4 $a Human Rights. $3 558690
710 2 $a SpringerLink (Online service) $3 273601
773 0 $t Springer Nature eBook
856 4 0 $u https://doi.org/10.1007/978-94-6265-499-0
950 $a Law and Criminology (SpringerNature-41177)