Overview
- Combines a theoretical and practical approach to a subject very often only dealt with theoretically
- In addition analyzes private international law in light of the influences on it by public international law
- Offers a unique and new theoretical framework regarding the sources of imperativeness in private international law
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Table of contents (5 chapters)
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Front Matter
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Back Matter
Keywords
About this book
Discussing 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.
By using an approach mainly based on an analysis of the case law ofthe 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).
Finally, 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.
The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts.
Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.
Authors and Affiliations
About the author
Bibliographic Information
Book Title: Imperativeness in Private International Law
Book Subtitle: A View from Europe
Authors: Giovanni Zarra
DOI: https://doi.org/10.1007/978-94-6265-499-0
Publisher: T.M.C. Asser Press The Hague
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: T.M.C. Asser Press and the author 2022
Hardcover ISBN: 978-94-6265-498-3Published: 28 January 2022
Softcover ISBN: 978-94-6265-501-0Published: 29 January 2023
eBook ISBN: 978-94-6265-499-0Published: 27 January 2022
Edition Number: 1
Number of Pages: XI, 255
Number of Illustrations: 2 b/w illustrations
Topics: Private International Law, International & Foreign Law, Comparative Law , Public International Law , European Law, Dispute Resolution, Mediation, Arbitration, Human Rights