E‐Commerce and Development Report 2001

https://www.econstor.eu/bitstream/10419/33558/1/509597343.pdf

The effect of divorce laws on divorce rates in Europe

This book provides an unprecedented analysis and appraisal of party autonomy in private international law - the power of private parties to enter into agreements as to the forum in which their disputes will be resolved or the law which governs their legal relationships. It includes a detailed exploration of the historical origins of party autonomy as well as its various theoretical justifications, and an in-depth comparative study of the rules governing party autonomy in the European Union, the United States, common law systems, and in international codifications. It examines both choice of forum and choice of law, including arbitration agreements and choice of non-state law, and both contractual and non-contractual legal relations. This analysis demonstrates that while an apparent consensus around the core principle of party autonomy has emerged, its coherence as a doctrine is open to question as there remains significant variation in practice across its various facets and between legal systems.

Party Autonomy in Private International Law

• A submitted manuscript is the version of the article upon submission and before peer-review. There can be important differences between the submitted version and the official published version of record. People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers.

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Contested cultural property : the return of nazi spoliated art and human remains from public collections

textThis book deals with judicial jurisdiction of state courts in international disputes,
in particular those arising out of transnational commercial contracts entered into
between private entities, individuals, and corporations1 The present study examines
whether any common grounds in jurisdiction rules exist and, as the case may
be, whether a uniform global jurisdictional system for international contractual
disputes is achievable The question of jurisdiction of state courts to adjudicate
transnational commercial disputes becomes relevant when a contract or dispute has
an international dimension, for example because the parties are located in different
countries, such as a sales contract with an Australian seller and a Dutch buyer, or
because the contract calls for performance outside the states of the parties’ seats
For a proper understanding of the relevance of jurisdiction in international court
litigation, the following introductory remarks will put this study into the context of
international commercial litigation

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International Jurisdiction and Commercial Litigation: Uniform Rules for Contract Disputes

For the first time in European legal history, a truly international conference devoted to the perspectives for the unification and harmonisation of family law in Europe took place in Utrecht from 11th - 14th of December 2002. The contributions to this conference, which was organised under the auspices of the Commission on European Family Law (CEFL), are compiled in this book. Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

Perspectives for the unification and harmonisation of family law in Europe

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Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses

This volume contains detailed information about maintenance between former spouses in twenty-two European legal systems. The expert members of the Commission on European Family Law prepared comprehensive national reports on the basis of a detailed questionnaire on the grounds for divorce (see EFL-series No.2) and the maintenance between former spouses. In addition to these national reports (which are available on the website of the Commission on European Family Law), this book integrates all the given answers in order to provide an overview and a straightforward simultaneous comparison of the different solutions chosen within the national systems. On the basis of this comparative material the Commission on European Family Law will formulate Principles of European Family Law.

European Family Law in Action

This book contains European Principles Regarding Parental Responsibilities based on respect for rights of the child including, as far as possible, the child's right to self-determination. The Principles are based on comprehensive studies of the law in more than 20 European countries.

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Principles of European Family Law regarding Parental Responsibilities

For more than a decade the legal recognition of same-sex relationships has garnered considerable attention around the globe. The substantive discussion about whether to permit same-sex couples to formalize their relationship is one of the most contested issues within Europe and the United States. The issue becomes even more disputed and complicated in the case of cross-border situations because the private international law approaches in respect of same-sex relationships differ to a large extent. This Article aims to explore how the member states of the European Union cope with the problems created by the free movement of same-sex couples across internal borders. An overview is provided of the actual situation concerning the possibilities of formalizing a same-sex relationship in the European Union. The development of the law shows that the competence of national courts of the EU member states is restricted. They have neither allowed the formalization of same-sex relationships nor have they recognized same-sex relationships concluded abroad if specific statutory rules are lacking. Instead, the courts encourage particular legislatures to enact rules. The Article then focuses on the recognition in one member state of same-sex relationships legally registered in another country. Thereby, a distinction is made between the individual national perspectives, on the one hand, and the European perspective on the other. The latter includes European human rights law and European law consisting of directives and (future) regulations. It is submitted that the European legislature should include same-sex relationship when legislating cross-border family relationships. Finally, the question is posed of what lessons—if any—the United States can draw from the European situation.

Katharina Boele-Woelki

Papers

Perspectives for the unification and harmonisation of family law in Europe

Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses

European Family Law in Action

Principles of European Family Law regarding Parental Responsibilities

Legal Recognition of Same-sex Relationships within the European Union