Regulatory Function of European Private Law

Inbunden, Engelska, 2009

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Beskrivning

In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration? The editors argue that because national categories are of little help in grasping the characteristics of a multi-level regulatory system, it is necessary to link three perspectives: private law, regulation and conflict of laws. This book explores this interaction in four distinct fields: product liability, environmental protection, public utilities and e-commerce. The results show that EPL is highly regulatory and that the implications of this change have not been adequately considered by institutions and by scholars.The Regulatory Function of European Private Law will be of great interest to academics of law, as well as to private and public lawyers and European policymakers.

Produktinformation

Utgivningsdatum:2009-05-29
Mått:156 x 234 x undefined mm
Format:Inbunden
Språk:Engelska
Förlag:Edward Elgar Publishing Ltd
ISBN:9781847201997

Utforska kategorier

Särskilda rättsområden inom Juridik

Mer om författaren

Edited by Fabrizio Cafaggi, Judge at the Italian Council of State, Professor of Behavioral Sciences and Public Administration, LUISS University, Italy and Horatia Muir Watt, Professor of Law, SciencesPo, Paris, France

Recensioner i media

'In twelve topical papers, written by renowned experts in distinct areas of the law, the reader will find out how private law and private international law instruments can serve public policy goals (such as the protection of the environment, product safety or services of general economic interest) and how these instruments interact with regulation in the proper sense. A must for those who want to explore the borderline - if it exists - between public and private law in the EU.'

Innehållsförteckning

Contents:IntroductionPART I: UTILITIES1. The Regulation of Services and the Public–Private DivideAnthony Ogus2. Regulatory Strategies on Services Contracts in EC LawHans-W. Micklitz 3. The Regulatory Function of Choice of Law Rules Applying to Contracts for Services in the European UnionSandrine Clavel PART II: ENVIRONMENTAL LAW 4. Regulatory Dilemmas in EC Environmental Law: The Ongoing Conflicts between Competitiveness and the EnvironmentJavier de Cendra de Larragán5. Regulatory Strategies in Environmental LiabilityMichael G. Faure6. The Law Applicable to Violations of the Environment – Regulatory StrategiesOliveira Boskovic PART III: PRODUCT SAFETY 7. Product Safety, Private Standard-Setting and Information NetworksFabrizio Cafaggi 8. Interaction between Product Liability and Regulation at the European LevelGerald Spindler9. Impact of the Mutual Recognition Principle on the Law Applicable to ProductsMathias AuditPART IV: E-COMMERCE 10. E-commerce from a Private Law PerspectiveVincenzo Zeno-Zencovich 11. E-commerce from a Regulatory PerspectiveFrancesco Cardarelli12. Re-allocating Horizontal and Vertical Regulatory Powers in the Electronic Marketplace: What to do with Private International LawSophie Stalla-Bourdillon Index