Imperativeness in private international law : a view from Europe / Giovanni Zarra.
2022
KJE995
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Title
Imperativeness in private international law : a view from Europe / Giovanni Zarra.
Author
Zarra, Giovanni, author.
ISBN
9789462654990 (electronic bk.)
9462654999 (electronic bk.)
9789462654983
9462654980
9462654999 (electronic bk.)
9789462654983
9462654980
Published
The Hague, Netherlands : Asser Press, 2022.
Language
English
Description
1 online resource (251 pages)
Item Number
10.1007/978-94-6265-499-0 doi
Call Number
KJE995
Dewey Decimal Classification
340.9
Summary
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. 0Discussing 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.0By 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). 0Finally, 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. 0.
Note
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. 0Discussing 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.0By 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). 0Finally, 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. 0.
Bibliography, etc. Note
Includes bibliographical references and index.
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Imperativeness in private international law. A view from Europe.
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Table of Contents
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.
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.