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"The first part of the book critically evaluates the evolution of the separate intra-EU child abduction regime and examines the extent to which the European Union complied with its standards of good legislative drafting during the negotiations on the Brussels II bis Regulation. It seeks to demonstrate that there was no real legal need for the involvement of the European Union in the area of child abduction and for the tightening of the 1980 Hague Abduction Convention return mechanism. The second part of the book presents findings of a statistical survey into the operation of child abduction provisions of the Brussels II bis Regulation in the first year of the functioning of the instrument and reveals how effectively the intra-EU return mechanism operated in that year. Based on the findings of the statistical survey, the book identifies and discusses a number of points of concern in respect of the functioning of the new child abduction scheme. Finally, the book investigates whether the Brussels II bis Regulation has added any value in the area of child abduction."--Bloomsbury Publishing.
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This book addresses the pressing challenges presented by the proliferation of international surrogacy arrangements. The book is divided into three parts. Part 1 contains National Reports on domestic approaches to surrogacy from Argentina, Australia, Belgium, Brazil, China, Czech Republic, France, Germany, Greece, Guatemala, Hungary, India, Ireland, Israel, Mexico, Netherlands, New Zealand, Russia, South Africa, Spain, Ukraine, United Kingdom, United States and Venezuela. The reports are written by domestic specialists, each demonstrating the difficult and urgent problems arising in many States as a result of international surrogacy arrangements. These National Reports not only provide the backdrop to the authors' proposed model regulation appearing in Part 3, but serve as a key resource for scrutinising the most worrying incompatibilities in national laws on surrogacy. Part 2 of the book contains two contributions that provide international perspectives on cross-border surrogacy such as the 'human rights' perspective. Part 3 contains a General Report, which consists of an analysis of the National Reports appearing in Part 1, together with a proposed model of regulation of international surrogacy arrangements at the international level written by the two co-editors, Paul Beaumont and Katarina Trimmings.
Conflict of laws --- Surrogate mothers --- Adoption --- Legal status, laws, etc. --- Droit international privé --- Mères de substitution --- Droit --- Adoption. --- Mères porteuses --- Droit. --- Conflict of laws - Adoption --- Surrogate mothers - Legal status, laws, etc. --- Argentine --- Australie --- Belgique --- Brésil --- Chine --- République tchèque --- France --- Allemagne --- Grèce --- Russie --- Espagne --- Royaume-Uni --- Guatemala --- Hongrie --- Inde --- Irlande --- Israël --- Japon --- Mexique --- Pays-Bas --- Nouvelle-Zélande --- Afrique du Sud --- Ukraine --- Etats-Unis --- Venezuela
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"This book addresses the pressing challenges presented by the proliferation of international surrogacy arrangements. The book is divided into three parts. Part 1 contains National Reports on domestic approaches to surrogacy from Argentina, Australia, Belgium, Brazil, China, Czech Republic, France, Germany, Greece, Guatemala, Hungary, India, Ireland, Israel, Mexico, Netherlands, New Zealand, Russia, South Africa, Spain, Ukraine, United Kingdom, United States and Venezuela. The reports are written by domestic specialists, each demonstrating the difficult and urgent problems arising in many States as a result of international surrogacy arrangements. These National Reports not only provide the backdrop to the authors' proposed model regulation appearing in Part 3, but serve as a key resource for scrutinising the most worrying incompatibilities in national laws on surrogacy. Part 2 of the book contains two contributions that provide international perspectives on cross-border surrogacy such as the 'human rights' perspective. Part 3 contains a General Report, which consists of an analysis of the National Reports appearing in Part 1, together with a proposed model of regulation of international surrogacy arrangements at the international level written by the two co-editors, Paul Beaumont and Katarina Trimmings. The research undertaken by Katarina Trimmings and Paul Beaumont from 2010 to 2012 was funded by the Nuffield Foundation."--Bloomsbury Publishing.
Human reproductive technology --- Conflict of laws --- Surrogate mothers --- Procréation médicalement assistée --- Adoption --- Mères porteuses --- Law and legislation --- Legal status, laws, etc. --- Droit --- Droit international privé --- Gestational mothers --- Host mothers --- Uterine mothers --- Mothers --- Adoption.
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This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.
Law of civil procedure --- International law --- European Union --- Droit international privé --- Conflit de juridictions --- Droit civil --- Aide juridictionnelle --- Entraide judiciaire internationale --- Jugements étrangers --- Juridiction --- Responsabilité civile --- Conflict of laws --- Civil law --- Judicial assistance --- Judgments, Foreign --- Jurisdiction --- Torts --- Droit international privé (droit européen) --- Procédure (droit européen) --- Procedure (Law) --- Droit international privé --- Assistance juridique internationale --- Jugements étrangers --- Responsabilité civile --- Juridiction (Droit international privé) --- Conflict of laws - European Union countries --- Civil law - European Union countries --- Judicial assistance - European Union countries --- Judgments, Foreign - European Union countries --- Jurisdiction - European Union countries --- Torts - European Union countries --- Droit international privé (droit européen) --- Procédure (droit européen)
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International private law --- Family law. Inheritance law --- Parental kidnapping --- Family violence --- Enlèvement d'enfant par les parents --- Violence familiale --- Law and legislation --- Droit --- Enlèvement de mineurs par les parents --- Femmes victimes de violence --- Droit international --- Droit international. --- Statut juridique
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This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law
Civil law --- Conflict of laws --- Judgments, Foreign --- Judicial assistance --- Jurisdiction --- Torts
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"This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world to address the discipline across a wide spectrum and offers substantial new insights into our understanding of private international law - from theory to practice. The contributions in the book analyse a variety of conceptual and substantive problems in private international law and consider developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across longstanding issues on which there is insufficient scholarly analysis"--
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The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including coverage of the Recast Brussels I Regulation which came into force in 2015. The book is invaluable for the practitioner as well as being one of the leading students' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law. It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by an expert team of academics, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts.
341.9 <41> --- Conflict of laws --- -Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- 341.9 <41> Internationaal privaatrecht --(algemeen)--Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland --- Internationaal privaatrecht --(algemeen)--Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland --- Civil law --- Law --- Legal polycentricity --- Conflict of laws. --- -Internationaal privaatrecht --(algemeen)--Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland --- Conflict of laws - Great Britain --- Conflict of laws - England. --- Conflict of laws - Great Britain. --- Droit international privé --- -Conflict of laws --- -Conflict of laws.
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