EU Private International Law: Harmonization of Laws
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Harmonization within Member States 7. Harmonization in the CEECs 8. National Mergers and Divisions The Consolidated Accounts Disclosure of Branch Offices Takeover bids Directives not yet Approved Draft Fifth Directive Draft Ninth Directive Draft Tenth Directive Draft Fourteenth Directive New Supra-National Models The European Economic Interest Grouping The European Company The European Cooperative Society The Doctrine of Exhaustion of Rights 3. The European Patent and the Community Patent 4.
The Harmonization of Civil and Commercial Law in Europe | CEUPress
The Community Trademark 4. Some Examples of National Transposition 4.
Industrial Designs and Utility Models 6. Copyright and Neighboring Rights in the Community Directives 7.
Designations of Origin 8. Biotechnological Inventions and Genetically Modified Organisms 9. Origins and Reasons for Competition Law 2. Sources of Community Law for Regulating Competition 3. The Competence of the Commission 4. The Exemptions 6. Negative Clearances 7. Community Regulations on Concentrations Competition Law in the Member States Hudson Medal heard Dean Harold Koh credit Professor Lowenfeld with having "killed" the distinction between public and private international law through his innovative work in the field of international economic law.
It takes nothing from Professor Lowenfeld's seminal and creative efforts to point out that the distinction may not in fact have entirely been dispensed with, or to suggest that there may still be some utility in considering the disparate and wide-ranging substantive efforts in the private international law world under a unique rubric.
I suspect, however, that we may hear some discussion this afternoon of yet another distinction--that between "private international law" and "international private law. Substantively, the field of private international law today encompasses an impressive range of issues, from judicial assistance and transborder cooperation typified by the venerable Hague Service, Evidence, and Apostille Conventions, to international family law, to rapidly evolving principles of international commercial and financial law, to mechanisms related to international litigation and dispute resolution.
Our panelists will discuss developments in these areas with an eye towards our theme of divergence and harmonization.
The Hague Conference on Private International Law has undergone significant changes over the past ten years. These changes have altered the work of the Conference, whose mandate is to work towards the harmonization of private international law at the global level. An organization founded in , the Institut de Droit Local Alsacien-Mosellan, publishes commentary on local law in books and journals such as Revue du droit local.
Defining conflict of laws
In the Netherlands there are provincial and municipal bylaws, and Aruba and other overseas self-governing parts of the Netherlands have their own laws staatsregeling. Legal diversity may be based on religion or ethnicity as well as on territory. Such a situation has existed historically in many Islamic countries. In India the laws concerning matters of the family, including succession upon death, are different for Hindus, Muslims, Parsis, Buddhists, and other religious groups, and in Lebanon and Israel they are different for Muslims, Jews, and the various groups of Christians.
American Indian reservations present similar problems when the occurrence of events on a reservation or the affiliation of a person with a reservation results in the application of tribal law rather than the law of the state in which the reservation is located.
Divergence and Harmonization in Private International Law
Membership in an American Indian tribe, for example, may determine the applicable law. The imperatives of religious law or the traditions of foreign law may need to be accommodated within the framework of local law and procedures. Conflict of laws. Article Media. Info Print Print. Table Of Contents.
Submit Feedback. Thank you for your feedback. Introduction Defining conflict of laws Diversity of legal systems The nature of conflicts law Common principles Jurisdiction Rationale behind choice of jurisdiction Differences between civil-law and common-law countries in the absence of a choice by the parties Notification of parties Choice of law Historical development Contemporary developments Applications in the United States Applications in EU member countries Applications in other countries Other considerations Recognition and enforcement of judgments International criminal law.
Written By: Ulrich M.
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