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Jurisdiction and Cross-Border Collective Redress: A European Private International Law Perspective

Jurisdiction and Cross-Border Collective Redress: A European Private International Law Perspective

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509946259
  • 出版时间 January 2021
  • 规格: Paperback
  • 适应领域: European Union ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥534.38

¥518.35 Save ¥16.03 (3%)

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  • 描述 
  • 大纲 
  • 详细

    Over the past decades, the rise of cross-border law violations has harmed numerous victims around the globe. In those cases, the damages are often dispersed and low. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice.

    The book thoroughly analyses the dominant collective redress models adopted in the EU. Information from 13 Member States has been catalogued and categorised. Research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other.

    Additionally, it notes that barriers to crossborder litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, it proposes the creation of a new head of jurisdiction for international collective redress cases. By so doing, it will appeal to legal practitioners, judges and policy-makers.

  • Introduction
    I. The Rise of Mass Damages and the Corresponding Private Enforcement Gap
    II. Collective Redress to the Rescue
    III. Efforts at the EU Level
    IV. Delineation of the Material Scope
    V. Towards the Construction of an Appropriate Regime on International Jurisdiction in Collective Redress Cases
    1. Back to the Origin: The US Class Action
    I. A Primer on Class Actions
    II. Pre-Certification Questions
    III. Class Certification
    IV. Post-Certification Steps
    V. Conclusion
    2. Collective Redress Mechanisms in the EU
    I. Developments of National Collective Redress Mechanisms
    II. The Role of the EU
    III. Conclusion
    3. Private International Law Analysis
    I. Jurisdiction under the Brussels Regulation (Recast) (BIa)
    II. Jurisdiction and Collective Redress
    III. Conclusion
    4. Proposal for an Appropriate Forum Regarding Collective Redress Actions
    I. Appropriateness of the Current Provisions and Proposals for Reform
    II. Proposal
    III. Conclusion
    Final Conclusions
    I. Harmonisation of Collective Redress Mechanisms: Unity over Diversity
    II. The Proposal: Access to Justice over Unity

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