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Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention - Online Update, 2020

Trevor C Hartley

Abstract

This book contains a study of three legal instruments on civil jurisdiction and judgments: the Brussels I Regulation (2012 version), the Lugano Convention (2007 version), and the Hague Choice of Court Convention. A feature all three instruments have in common is that, as far as the Member States of the European Union are concerned CJEU, the final word on their interpretation lies with the Court of Justice of the European Union (CJEU). They thus have a certain unity— a unity of function (the international regulation of civil litigation) and a unity of interpretation. This leads to common features, features which make it appropriate to treat them together as constituting different aspects of a single subject. The book identifies the legal principles that lie behind the individual provisions of the instruments and provides a clear and systematic explanation of their operation, based on what the instruments are trying to achieve and the legal concepts through which it is intended that these objectives will be attained. Every branch of the law tries to balance different objectives and uses different principles and concepts to do so. This is as true in the area of international litigation as in other areas. An important feature of the book, therefore, is to show how these different policies and principles interact to form a coherent system.

Bibliographic Information

Trevor C Hartley, author


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