Development of European Private International Law and Its Influence on the International Legal Order-Examples of EU Participation in the Lugano Convention and the Hague Conference on Private International Law

被引:0
|
作者
Hsu, Yao-Ming [1 ]
机构
[1] Natl Chengchi Univ, Coll Law, 64,Sec 2,ZhiNan Rd, Taipei 11605, Taiwan
来源
EURAMERICA | 2014年 / 44卷 / 03期
关键词
European Private International Law; Lisbon Treaty; Lugano Convention; Hague Conference on Private International Law (HCCH); Principle of foro internoforo externo;
D O I
暂无
中图分类号
C [社会科学总论];
学科分类号
03 ; 0303 ;
摘要
Economic integration and cooperation in the European Union has advanced remarkably since the 1950s, especially in the domain of civil judicial matters. From international treaties to the regulations and directives authorized by Treaty of the European Union and Treaty on the Functioning of the European Union, European Private International Law has developed significantly in the domains of civil and commercial jurisdiction, in the mutual recognition of judgments and mutual enforcement, in the clarification of the applicable law for contractual and non-contractual obligations, and in the clarification of jurisdiction and harmonization of applicable law in family matters. These developments demonstrate something of the possibilities of harmonization in private international law globally. How have these European developments influenced other countries? This article attempts to provide an answer by considering the examples of the Lugano Convention between the European Union and other European countries, and the participation of the European Union in the Hague Conference on Private International Law. The principles and regulations of European Private International Law have deeply influenced other counties, and contested issues of competence between the European Union and its Members States have attracted research into the meaning of European Institutional Law.
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页码:359 / 414
页数:56
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