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Economic Sanctions in EU Private International Law


ISBN13: 9781509933518
Published: January 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition , ISBN13 9781509953578



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Economic sanctions are an instrument of foreign policy. They may, however, affect the legal – first of all contractual – relations between private parties. In such a case, the court or arbitration tribunal seized has to decide whether to give effect or not to the economic sanction. It is private international law that functions as a 'filter' and transmits economic sanctions having a public law origin to the realm of private law. The aim of this book is to examine how private international law rules can influence the enforcement of economic sanctions and the related foreign policy objectives. A coherent EU foreign policy position as well as legal certainty and predictability would suppose a uniform approach not only concerning the economic sanctions of the EU, but also with regard to the restrictive measures imposed by third countries. However, if we examine in detail the application of economic sanctions by the courts of the Member States and arbitral tribunals, we find a somewhat different picture. It will become obvious that one of the reasons for this is the divergence of the private international law approaches in the Member States.

Subjects:
Conflict of Laws, EU Law
Contents:
1. Introduction
I. Economic Sanctions in Private International Law
II. The Aim of this Book
III. Methodology and the Scope of the Work
IV. The Object of the Analysis: Economic Sanctions
V. Foreign Policy and Private International Law
VI. Adjudicative Rhetoric and Foreign Policy Considerations
2. The Legal Framework for Imposing Economic Sanctions
I. The UN Sanctions Regime
II. Economic Sanctions in Bilateral and Multilateral Treaties
III. Economic Sanctions in EU Law
3. Coherence and Legal Certainty in EU Law
I. Coherence in the External Relations Law of the EU
II. Legal Certainty and EU Law
4. Economic Sanctions in Private International Law
I. Economic Sanctions: State Intervention in Private Law Relationships
II. Economic Sanctions as Overriding Mandatory Provisions
III. The Treatment of Foreign Public Law in Private Law Litigation
IV. Conclusion
5. Economic Sanctions as Overriding Mandatory Provisions in EU Private International Law
I. Economic Sanctions Imposed by the Law of the Forum State
II. Economic Sanctions of the Lex Causae
III. Economic Sanctions in the Law of a Third State Other than the Lex Causae
IV. Conclusion
6. The Judicial Practice of the Member States
I. France
II. Germany
III. England and Wales
IV. Assessment of the Judicial Practice of the Member States
V. The Outcome: A Changeable European Judicial Foreign Policy
7. Blocking Statutes
I. Blocking Statutes and Private International Law
II. A Conflict of Overriding Mandatory Provisions
8. 'Deactivation' of Economic Sanctions?
I. EU Economic Sanctions and Choice-of-Court Agreements
II. EU Economic Sanctions and Arbitration Agreements
9. Possible Solutions and Conclusions
I. Public Ordering of Contractual Relations Affected by Economic Sanctions
II. Private Ordering of Contractual Relations Affected by Economic Sanctions
III. The Role of Private International Law
IV. Conclusions

Series: Studies in Private International Law

Private International Law in BRICS: Convergence, Divergence and Reciprocal Lessons ISBN 9781509966141
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A Guide to Global Private International Law ISBN 9781509957873
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Private International Law and Competition Litigation in a Global Context ISBN 9781509918669
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Private International Law and Competition Litigation in a Global Context (eBook) ISBN 9781509918676
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The Application of Foreign Law in the British and German Courts ISBN 9781509959587
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The Private International Law of Authentic Instruments ISBN 9781509945627
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Economic Sanctions in EU Private International Law ISBN 9781509953578
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The Private International Law of Authentic Instruments ISBN 9781509907632
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The Private International Law of Authentic Instruments (eBook) ISBN 9781509907649
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Planning the Future of Cross Border Families: A Path Through Coordination ISBN 9781509919864
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Private International Law in Nigeria (eBook) ISBN 9781509911141
Published June 2020
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Private International Law in Nigeria ISBN 9781509911134
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Place of Performance: A Comparative Analysis ISBN 9781509936205
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Place of Performance: A Comparative Analysis (eBook) ISBN 9781509936212
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Clawback Law in the Context of Succession ISBN 9781509932320
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Clawback Law in the Context of Succession (eBook) ISBN 9781509932337
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Economic Sanctions in EU Private International Law (eBook) ISBN 9781509933525
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Edited by: Anselmo Reyes
ISBN 9781509924257
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130 ISBN 9781509922871
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The Choice of Law Contract ISBN 9781509926800
Published January 2019
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Forum (Non) Conveniens in England: Past, Present, and Future ISBN 9781782256403
Published December 2018
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Forum (Non) Conveniens in England: Past, Present, and Future (eBook) ISBN 9781509925780
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
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Cross-Border Litigation in Europe (eBook) ISBN 9781782256779
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Cross-Border Litigation in Europe ISBN 9781782256762
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The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509914494
Published October 2017
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Maintenance And Child Support in Private International Law ISBN 9781509915507
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The Choice of Law Contract ISBN 9781849467643
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The Choice of Law Contract (eBook) ISBN 9781509901029
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Recovery of Maintenance in the EU and Worldwide
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ISBN 9781509909285
Published August 2016
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
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Maintenance And Child Support in Private International Law (eBook) ISBN 9781509903566
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Maintenance And Child Support in Private International Law ISBN 9781849467179
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Child Abduction within the European Union ISBN 9781849463973
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ISBN 9781849462310
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The Governing Law of Companies in EU Law ISBN 9781849462969
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International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
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Cases and Materials on EU Private International Law ISBN 9781849460279
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Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
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Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
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