The Citizen in European Private Law: Norm-setting, Enforcement and Choice

The Citizen in European Private Law: Norm-setting, Enforcement and Choice

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Product Details

ISBN-13: 9781780683737
Publisher: Intersentia
Publication date: 03/18/2016
Series: Ius Commune Europaeum Series , #146
Pages: 212
Product dimensions: 6.80(w) x 9.10(h) x 0.50(d)

Table of Contents

List of Authors xi

List of Abbreviations xiii

Preface xv

Introduction C. Cauffman J. Smits 1

1 Introduction 1

2 Choice and Regulatory Competition 2

3 Norm-setting and Enforcement 3

4 Conclusions 5

Bibliography 6

Part I Choice and Regulatory Competition

Choice and Regulatory Competition. Rules on Choice of Law and Forum V. Van Den Eeckhout 9

1 Introduction: The Abstract and Peculiar Character of PIL 9

2 The Two Basic Lessons of PIL, Placed in the Current Situation of Europeanisation of PIL 10

3 Shopping in a Situation of a Continuing but not Completely Realized Europeanisation of PIL 12

3.1 Requests for the Court of Justice of the European Union to Explain European PIL 12

3.2 Requests for the Court of Justice to Review National PIL 14

4 Forum Shopping in a Situation of (Completed) European Unification of Rules on Applicable Law 15

4.1 Direct Possibilities for Choice of Law 15

4.2 Indirect Possibilities for Choice of Law 16

5 The EU as a Protector of Weak Parties and Human Rights? Risks and Opportunities 18

6 Conclusion: PIL and Social Justice? 19

Bibliography 20

Party Autonomy in International Family Relationships: A Research Agenda P. Wautelet 23

1 Mapping out the Concept of Party Autonomy in Private International Law 25

2 Reflecting on the Consequences of Party Autonomy 30

3 Reflecting upon the Limits of Party Autonomy 35

4 Conclusion 39

Bibliography 41

Corporate Mobility in the European Union - A Flash in the Pan? An Empirical Study on the Success of Lawmaking and Regulatory Competition W.-G. Ringe 49

1 Introduction 49

2 Legal and Empirical Background 50

2.1 Legal Framework 51

2.2 Empirical Evaluations 53

2.3 National Lawmakers' Responses 56

2.4 Responsive Lawmaking and Defensive Competition 60

3 Assessment 61

4 German Data and Results 62

5 Austrian Data and Results 69

6 Analysis 73

6.1 Restrictive Attitude in Lawmaking and Case-law 73

6.2 Acceptance and Reputation Problems 76

6.3 Underestimation of Costs 77

6.4 Diffusion Theory 78

6.5 Law Reform 79

7 Conclusion 80

Bibliography 82

Corporate Mobility in the European Union - An Analysis of Ringe's Empirical Research on the Success of Law Making and Regulatory Competition S. Rammeloo 91

1 Introduction 91

2 Side Comments 92

3 Conclusions 94

Part II Norm-Setting and Enforcement

Private Actors as Norm-Setters through Choice-of-Law: The Limits of Regulatory Competition V. Mak 99

1 Introduction 99

2 Private Actors - Three Degrees of Interaction in Law-making 101

2.1 Co-regulation 101

2.2 Self-regulation 102

2.3 The 'Regulatory Function' of Consumers 102

3 Legal Pluralism and Private Actors 103

3.1 Self-regulation as a Source of Law 104

3.2 Private Actors and Strategies for Law-making in European Private Law 105

4 A Critique of Regulatory Competition in European Contract Law 107

4.1 Regulatory Competition: Theoretical Arguments 109

4.1.1 Business-to-business Contracts 109

4.1.2 Consumer Contracts 111

4.2 Regulatory Competition: Empirical Evidence 112

5 Conclusion 115

Bibliography 116

Private Norm-Setting in Family Law, More Specifically: Private Norm-setting amongst Religious Communities in Family Law Issues S. Rutten 121

1 Religious Marriages: Legal Validity 122

2 Religious Marriages: Motives 122

3 Benefits and Limits of Religious Marriages 123

4 Social Effect of Religious Marriages 123

5 Religious Divorce 124

6 Religious Divorce: Competence of Religious Authorities 124

7 Family Divorce and other Arrangements by Private Actors 125

8 Benefits of Private Regulation 125

9 Limits of Private Regulation by Religious Authorities 126

10 Limits of Private Regulation by Party Autonomy 126

11 Restrictions of Private Regulation by Religious Authorities 127

12 Secular Law as Solution: Secular Law and Religious Perceptions Combined 127

Bibliography 129

Enchained Marriages: Is there a Way out? F. van der Velden 133

1 Introduction 133

2 Separation of State and Religion 134

3 Religion and Human Rights 135

4 Enchained Marriages in a National Setting 137

5 Enchained Marriages in an International Setting 138

6 All's Well that Ends Well? 138

Bibliography 140

An Introduction to Alternative Dispute Resolution (ADR) for Consumers in Europe N. Creutzfeldt 141

1 What ADR are We Talking about? 141

2 European Legislation 142

3 The 2013 ADR and ODR Legislation 142

4 The Potential of Consumer ADR 144

5 Courts and ADR Bodies - Formal Decisions vs. Informal Resolution 145

6 Is There a Demand for ADR? 146

7 Some National Examples 147

7.1 Sweden: Nordic Complaint Boards 148

7.2 A Special Case of the French Médiateurs 148

7.3 The Netherlands 148

7.4 The United Kingdom 149

7.5 Germany 149

8 What Happens Next? 150

9 Conclusion 150

Bibliography 152

Critical Remarks on the ADR Directive C. Cauffman 155

1 Introduction: The Aims of the ADR Directive 155

2 The Weaknesses of the ADR Directive 156

3 Conclusion 159

Bibliography 160

Normative Frameworks in Commercial Dispute Resolution: The Role of Legal and Non-legal Norms in Mediation and Adjudication N. Kornet 161

1 Introduction 161

2 Normative Frameworks in Commercial Transactions 162

3 Mediation and Adjudication on the Continuum of Dispute Resolution Mechanisms 167

4 Normative Frameworks in Commercial Dispute Resolution 173

5 Conclusion 178

Bibliography 180

Law or Social Ordering: A Choice for Commercial Parties in Dispute Resolution? A Comment on Kornet A. Beckers 185

1 Introduction 185

2 The Commercial Relation as Determining the Dispute Solving Mechanism 187

3 The Distinction between Mediation and Adjudication 189

3.1 Law-oriented Mediation as a Contribution to Global Governance 190

3.2 Legalized Mediation as an Attractive Form for Commercial Parties 192

Bibliography 194

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