University of Pittsburgh

CILE Studies Volume II

 

 

 Private Law, Private International Law, & Judicial Cooperation in the EU-US Relationship

Contents:

PANEL I. Establishing a Common Framework: Understanding Similarities and Differences

 

Panel Introduction and Review Paul Herrup p.1
Private International Law of the European Union: Competence Questions Arising From the Proposed Rome II Regulation on Choice of Law in Non-Contractual Obligations Paul Beaumont p15
Due Process and Fair Trial: Jurisdiction in the United States and in Europe Compared Arnaud Nuyts p.27
The Role of Private International Law in the United States: Beating the Not-Quite-Dead Horse of Jurisdiction Kevin Clermont p.75
Private Law and Public Regulation in U.S. Courts Ronald A. Brand p.115

PANEL II. The Institutional Actors: The Role of Europe and the United States in the Development of Private International Law

Panel Introduction and Review Christian Kohler p.137
The EU as an Actor in Private International Law Fausto Pocar p.143
The United States as an Actor in Private International Law Jeffrey Kovar p.153
Subsidiarity and Private Law in a Federal System: Is the NCCUSL Process Adaptable as a Model for the European Union and Other Regional and International Organizations? K. King Burnett p.161
Inverse Federalism: The Need for International Consensus in the Federal Standardization of Private International Law Charles T. Kotuby,Jr. p.175
Beyond Brussels: The Wide Reach of the European Court's Case Law on the Jurisdiction and Judgments Convention Christian Kohler p.227

PANEL III. International Organizations: The Global Playing Field for US-EU Cooperation in Private Law and Private International Law

 

International Organizations: The Global Playing Field for US-EU Cooperating in Private Law Instruments Andrea Schulz p.237
Reflections on the Future of the Harmonization of the Law by UNCITRAL, UNIDROIT, and the Hague Conference Henry Gabriel p.263
The Hague Evidence Convention: How is it Really Working? Glenn Hendrix p.275

Documents Establishing European Community Competence for Matters of Private Law, Private International Law, and Judicial Cooperation  

I. Introduction p.333
II. Selected Provisions of the Treaty Establishing the European Community p.335
III. Article III-269 of the Treaty Establishing a Constitution for Europe p.341

IV. Regulations Developed Under the Authority of Article 65 of the Treaty Establishing the European Community

 
...A. Council Regulation (EC) No 1346/2000 of 29 May 2000 on Insolvency Proceedings, O.J. Eur. Comm. L 160/1, 30 June 2000 p.343

...B. Council Regulation (EC) No 1347/2000 of 29 May 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of Both Spouses, O.J. Eur. Comm. L 160/19, 30 June 2000 ["Brussels II"]
p.371
...C. Council Regulation (EC) o 1348/2000 of 29 May 2000 on the Service in the Member States of Judicial and Extrajudicial Documents in Civil or Commercial Matters, O.J. Eur. Comm. L 160/37, 30 June 2000 p.395
...D. Council Regulation (EC) No 1206/2001 of 28 May 2001 on Cooperation Between the Courts of the Member States in the Taking of Evidence in Civil or Commercial Matters, O.J. Eur. Comm. L 174/1, 27 June 2001 p.412
...E. Council Regulation (EC) No 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, O.J. Eur. Comm. L 012/1, 16 Jan. 2001 ["Brussels I"] p.426
V. Related Conventions That Are Part of the Aquis Communautaire  
...A. 1980 Rome Convention on the Law Applicable to Contractual Obligations (Consolidated Version). J. Eur. Comm. C 27/34, 26 Jan. 1998 ["Rome I"] p.459
...B. European Communities- European Free Trade Association: Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters, Done at Lugano, September 16, 1988, O.J. Eur. Comm. L 319/9, 25 Nov. 1988 ["Lugano Convention"] p.475

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