The Conflict of Laws and Unjust Enrichment

2021 ◽  
pp. 175-198
Author(s):  
Andrew Burrows
Keyword(s):  
European Union ◽  
The European Union ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Unjust Enrichment ◽  
The Past ◽  
The Law ◽  
The Relationship

This essay revisits the relationship between the conflict of laws and the law of unjust enrichment (or, more widely, the law of restitution) in light of shifts in the legal landscape over the past forty years. It considers the rules of jurisdiction and of choice of law applied by the English courts, accounting for the effects of the UK’s departure from the European Union.

Performance of Obligations as the Basis of Jurisdiction and Choice of Law (Lugano and Brussels Conventions Article 5(1) and Rome Convention Article 4)

1999 ◽  
Vol 68 (4) ◽  
pp. 379-396 ◽  
Author(s):  
Keyword(s):  
European Union ◽  
Point Of View ◽  
Brussels Convention ◽  
The European Union ◽  
Choice Of Law ◽  
Rome Convention ◽  
The Law ◽  
Contractual Obligations ◽  
Article 5 ◽  
The Relationship

AbstractWhen a dispute arises in connection with an international contract, it is necessary to clarify two matters: (i) the courts of which country are competent to decide on the dispute, and (ii) the law of which country applies to the merits of the dispute. Within the European Union, these matters are clarified, respectively, by the Brussels Convention on (i.a.) jurisdiction and by the Rome Convention on the law applicable to contractual obligations. The scope of application of the Brussels Convention is extended also to cover the EFTA Countries, through the Lugano Convention. The scope of the Rome Convention, on the contrary, does not reach beyond the European Union. This imbalance in the relationship between choice of forum and choice of law is particularly noticeable in Norway, which does not have a codified system of choice of law rules. The relationship between choice of forum rules and choice of law rules is highlighted in this article from the point of view of a specific connecting factor: the performance of the disputed obligation.

Part VI The Law of Property, 34 Insolvency

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
European Union ◽  
The European Union ◽  
Choice Of Law ◽  
International Jurisdiction ◽  
The Law ◽  
Insolvency Proceedings

This chapter examines insolvency in the context of the European Union Regulation on insolvency proceedings (recast). The recast Regulation, which will apply to insolvency proceedings opened after 26 June 2017, deals with public collective insolvency proceedings. It distinguishes between main insolvency proceedings and secondary insolvency proceedings when it comes to international jurisdiction. This chapter begins with a discussion of the main insolvency proceedings jurisdiction and secondary insolvency proceedings jurisdiction, along with checks on jurisdiction and the extent of jurisdiction. It then considers the general choice of law rule contained in the Regulation, along with the recognition of insolvency proceedings. It also looks at issues arising from the insolvency of groups of companies and their members.

scholarly journals Kolizyjnoprawna problematyka skuteczności przelewu wierzytelności wobec osób trzecich Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 9 października 2019 r. w sprawie BGL BNP Paribas SA c/a TeamBank AG Nürnberg (C‑548/18)

2020 ◽  
Vol 26 ◽  
pp. 223-236
Author(s):  
Witold Kurowski
Keyword(s):  
European Union ◽  
Third Party ◽  
The European Union ◽  
Conflict Of Laws ◽  
The Third ◽  
Common Opinion ◽  
The Law ◽  
The Third Party ◽  
Rome I ◽  
The Eu

The question of the law applicable to the third-party effects of assignments of claims is widely discussed in the doctrinal debates. In common opinion, the existing European conflict-of-laws regulations do not provide for a rule governing this issue. In the case BGL BNP Paribas SA v. TeamBank AG Nürnberg (C‑548/18), the Court of Justice of the European Union confirmed this gape of the Rome I Regulation.The gloss presents the justification of the European Union Court’s judgment, the reasons for the lack of the uniform conflict-of-laws regulation, and the consequences of this state. It also analyses briefly the European Commission’s proposal for the EU Regulation concerning the law applicable to the third-party effects of assignments of claims (COM(2018) 96 final), as a response to this situation. Finally, it examines the appropriate conflict-of-laws rules for proprietary effects of assignments of claims (the law of the assignor’s habitual residence and the law of the assigned claim).

scholarly journals Two European Conflicts Conventions

1998 ◽  
Vol 28 (3) ◽  
pp. 527
Author(s):  
Friedrich K Juenger
Keyword(s):  
European Union ◽  
Brussels Convention ◽  
The European Union ◽  
Conflict Of Laws ◽  
Rome Convention ◽  
The World ◽  
The Creation ◽  
The Law ◽  
Contractual Obligations

The states of the European Union have so far concluded two major conflict of laws conventions:  The Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, and the Rome Convention on the Law Applicable to Contractual Obligations.  Professor Juenger here reflects on the creation and experience of these treaties and concludes that the Brussels/Lugano Conventions present a model for the world while the Rome Convention shows what to avoid.

Historic fishing rights in the law of the sea and Brexit

2019 ◽  
Vol 32 (4) ◽  
pp. 695-713
Author(s):  
Sophia Kopela
Keyword(s):  
European Union ◽  
Law Of The Sea ◽  
The European Union ◽  
Fishing Rights ◽  
International Courts ◽  
The Law ◽  
Access Rights ◽  
Traditional Fishing ◽  
The Relationship ◽  
Rights Issues

AbstractThe United Kingdom’s withdrawal from the 1964 Fisheries Convention and from the European Union has raised questions concerning the potential existence of third states’ fishing rights in the UK’s maritime zones post-Brexit. Historic fishing rights are a complex and controversial issue in the law of the sea. Uncertainty remains regarding their nature, the process for their formation and ascertainment, as well as their contemporary relevance in the light of the Law of the Sea Convention (LOSC) and other fisheries agreements. This article explores the concept of historic fishing rights in the law of the sea. First, it examines the nature and scope of historic fishing rights as discussed in the jurisprudence of international courts and tribunals and their relationship with other akin terms such as ‘customary’ and ‘traditional’ fishing rights. Issues related to the formation and establishment of these rights are also explored. The article also examines whether these rights have been superseded by the LOSC in the territorial sea and exclusive economic zone (EEZ), or whether they are still relevant in the post-LOSC era and maritime zones. It finally explores the relationship between historic fishing rights and treaty-based fishing access rights, and addresses the question posed by Brexit whether withdrawal from a fishing access treaty can unilaterally eliminate any related pre-existing historic rights. This discussion will provide an answer to the question whether it is possible for other states to have historic fishing rights in the UK’s territorial sea and EEZ following its withdrawal from the London Fisheries Convention and the European Union.

THE LAW APPLICABLE TO PRODUCT LIABILITY: THE PRESENT STATE OF THE LAW IN EUROPE AND CURRENT PROPOSALS FOR REFORM

2005 ◽  
Vol 54 (2) ◽  
pp. 475-488 ◽  
Author(s):  
Thomas Kadner Graziano
Keyword(s):  
European Union ◽  
Present State ◽  
Product Liability ◽  
The Other ◽  
The European Union ◽  
Choice Of Law ◽  
The Law ◽  
Contractual Obligations ◽  
The Uk ◽  
Rome I

The choice of law-rules for contractual obligations is harmonized in the European Union and the system established by the Rome I-Convention has proved its merits.1 The choice of law rules for tortious or delictual liability, on the contrary, is still largely left to the national legislators and courts2 and they differ very much from one country to the other. Two Hague Conventions cover particular issues.3 Neither of them is in force in the UK.

scholarly journals Post-normal times: re-thinking the futures of the EU-Africa relationship

2020 ◽  
Vol 8 (1) ◽  
Author(s):  
Robin Bourgeois ◽  
Frank Mattheis ◽  
John Kotsopoulos
Keyword(s):  
European Union ◽  
Influential Factors ◽  
Point Of View ◽  
The European Union ◽  
Related Factors ◽  
The Past ◽  
The Future ◽  
The Relationship ◽  
The Eu

Abstract The nature of the relationship between the European Union (EU) and Africa is in permanent evolution. Historically, the EU mostly dominated the relationship while Africa developed adaptive/reactive strategies. With the establishment of new powers as well as efforts to decolonise the thought and practise of North-South interactions, it is crucial to understand what the future of the relationship could be. The purpose of this paper is to draw lessons from the “Broadening the debate on EU-Africa relations” workshop whose aim was to advance perspectives on EU-Africa relations from the point of view of African scholars. The process consisted of identifying major influential factors in the relationship and assessing what role they played in the past and what role they could play in the future. The results indicate a decline of the importance of EU-dominated factors and the emergence of African agency related factors. We interpret these results as a transformation of this relationship, using the concept “post-normal” to highlight indeterminacy, insolvability and irreversibility as the new context. Implications are discussed regarding the type of research that needs to be developed in order to further investigate this transformation, particularly the meaning of a shifting focus from (normal times) EU-Africa relationship to (post-normal times) Africa-EU relationships.

scholarly journals The Responsibility of European Archaeologists

2019 ◽  
Vol 22 (2) ◽  
pp. 255-268 ◽  
Author(s):  
Cătălin Nicolae Popa
Keyword(s):  
European Union ◽  
The Political ◽  
European Identity ◽  
Positive Contribution ◽  
The European Union ◽  
Far Right ◽  
Political Dimension ◽  
The Past ◽  
The Relationship ◽  
Deep Crisis

ABSTRACTIn this article I address the relationship between European archaeologists and the European Union and argue that the dominant attitude of non-involvement that archaeologists have embraced over the past decades cannot be justified given recent political developments. The European project finds itself in a state of deep crisis, under siege from populist and far-right leaders within and around Europe. We cannot afford to watch from the sidelines when the future of hundreds of millions of people is at stake. As archaeologists we can make a positive contribution by harnessing the political dimension of our work, which we need to stop seeing in a negative light. We should deploy the past to help tackle the challenges of our society. European archaeologists should particularly focus on developing grand narratives of a shared past in Europe, to act as a foundation for a European identity.

Overview of latest amendmentsto the competition law of Germany

2018 ◽  
pp. 70-76
Author(s):  
D. .. Chukurov ◽  
N. .. Kobadze
Keyword(s):  
European Union ◽  
Competition Law ◽  
The European Union ◽  
Practical Application ◽  
Market Conditions ◽  
The Past ◽  
The World ◽  
The Law ◽  
Legal Consequences

Over the past 20 years, the Act against Restraints of Competition in Germany has been repeatedly adapted to changing market conditions. In particular, the guidance from the European Union has led to extensive reforms. This article is dedicated to the ninth and most recent amendment dated 09.03.2017, which was accompanied by a vivid politi- cal debate. The amendment is primarily a response to the progressive digitalization of markets. Thus, the competition law of Germany becomes the first regime in the world to provide rules for the digital economy.In addition, the amendment provides for significant changes regarding the imposition of antitrust penalties, actions for damages and ministerial approval of mergers. In the case of damages claims, the reason for the amendment was the transposition of European Direc- tive No. 2014/104/EU. Generally, the legislator addressed the shortcomings, which arose during the practical application of the law. This article provides an overview of the signifi- cant modifications to the Act against Restraints of Competition in Germany, in view of its latest amendment, and considers the legal consequences of those modifications.

20. Epilogue

2021 ◽  
pp. 907-948
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
Historical Overview ◽  
The European Union ◽  
Economic Relations ◽  
The Past ◽  
The United Kingdom ◽  
Article 50 ◽  
The Relationship

This chapter explores the past, present, and future of Brexit. It begins by offering a historical overview of British membership in the Union. With its commitment to European integration often selective, the United Kingdom had come to be seen as an ‘awkward partner’ within the European Union. The chapter then looks at the process of withdrawal and, in particular, the nature and content of Article 50 TEU—the provision that regulates the process. Subsequently, it analyses the post-Brexit Withdrawal Agreement that governs the relationship between the European Union and the United Kingdom today. Finally, the chapter tries to look into the future and discusses the prospective partnership options that have been on the diplomatic table for the post-2020 economic relations between the European Union and the United Kingdom.

Sign in / Sign up

Export Citation Format

Share Document