Private International Law Questions that Arise in the Relation between Migration Law (in the Broad Sense of the Word) and Family Law: Subjection of PIL to Policies of Migration Law?

2013 ◽  
Author(s):  
Veerle Van Den Eeckhout
Keyword(s):  
International Law ◽  
Family Law ◽  
Broad Sense ◽  
Private International Law ◽  
Migration Law

The Developing EC Private International Law on Family Matters

2001 ◽  
Vol 4 ◽  
pp. 373-412
Author(s):  
Peter Stone
Keyword(s):  
International Law ◽  
European Community ◽  
Child Custody ◽  
Mutual Recognition ◽  
Broad Sense ◽  
Community Level ◽  
Private International Law ◽  
Parental Responsibility ◽  
Choice Of Law ◽  
Recognition And Enforcement

The entry into force on 1st March 2001 of Regulation 1347/2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of Both Spouses (‘the Matrimonial Regulation’) amounts to a landmark in the harmonisation of private international law at European Community level. It deals with direct judicial jurisdiction, and the mutual recognition and enforcement of judgments, but not choice of law, in respect of divorce, separation and annulment of marriage, and of custody (in a broad sense) of children of both spouses when determined on the occasion of matrimonial proceedings. It is the first EC measure to enter into force dealing with private international law in family matters, and is likely to be followed up by further such measures, especially in relation to child custody when dealt with independently of any matrimonial proceedings.

Clarkson & Hill's Conflict of Laws

2016 ◽  
Author(s):  
Jonathan Hill ◽  
Máire Ní Shúilleabháin
Keyword(s):  
International Law ◽  
Family Law ◽  
Case Law ◽  
Private International Law ◽  
Basic Principles ◽  
Conflict Of Laws ◽  
European Legislation ◽  
Recognition And Enforcement ◽  
Theoretical Issues

Clarkson & Hill's Conflict of Laws, now in its fifth edition, provides a clear and up-to-date account of private international law topics. Theoretical issues and fundamental principles are introduced in the first chapter and expanded upon in later chapters. Basic principles of the conflict of laws are presented, offering clarity on complex points and terminology. The fifth edition reflects the field's changing focus from case law to domestic and European legislation, incorporating the Brussels I Regulation and Brussels II Revised Regulation, as well as the more recent Rome Regulations and Brussels I Recast. Embracing this reorientation of the field and increased emphasis on the recognition and enforcement of judgments, the chapters provide detailed commentary on the most important commercial topics as well as the most relevant topics in family law.

Part III Jurisdiction, Foreign Judgments and Awards, 15 Recognition and Enforcement of Foreign Judgments and Arbitral Awards in England—An Introduction

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
International Law ◽  
Family Law ◽  
Trade Association ◽  
Private International Law ◽  
International Agreement ◽  
The European Union ◽  
European Free Trade Association ◽  
Direct Operation ◽  
Recognition And Enforcement ◽  
The Uk

This chapter examines how foreign judgments and arbitral awards are recognised and enforced in England. Unsatisfied foreign judgments and arbitral awards give rise to complicated questions concerning private international law. Owing to the principle of territorial sovereignty, a judgment delivered in one country cannot, in the absence of international agreement, have a direct operation of its own force in another. This chapter first considers the effect given to foreign judgments and arbitral awards before discussing the different regimes governing recognition and enforcement of foreign judgments. In particular, it looks at judgments from outside the European Union and European Free Trade Association (EFTA), judgments from an EU or EFTA state, and judgments from other parts of the UK. It also analyses issues relating to insolvency, family law, and wills and successions and concludes with an overview of rules under which foreign arbitral awards are recognised and enforced.

Comparative Succession Law

2019 ◽  
pp. 1057-1087 ◽  
Author(s):  
Marius J. De Waal
Keyword(s):  
International Law ◽  
Comparative Research ◽  
Family Law ◽  
Intimate Relationship ◽  
Private International Law ◽  
Economic Changes ◽  
European Context ◽  
Static Image ◽  
The Law ◽  
Law Of Succession

It cannot be denied that the law of succession often projects a static image. One possible explanation for this is the fact that certain areas of the law of succession are indeed somewhat technical. However, this article examines comparative research, private international law, examples of trust and the transfer of estate to argue that there are changes that have been detected and explained principally through comparative scholarship in the field of the law of succession. The first is the significance of common social and economic changes and their impact on aspects of the law of succession. The article stresses the intimate relationship between the law of succession and family law. The identification and analysis of these changes have also been the stimulus for a new ‘mission’ for comparative researchers in the field of the law of succession—the quest for greater harmonization, especially in the European context.

scholarly journals SPECIALIZATION OF JURISDICTION BACK FROM OBLIVION – A NEW ATTENTIVE AND ASSIDOUS APPROACH TO COMPLEX CROSS BORDER FAMILY LAW CASES OR POSSIBLE REVITALIZATION OF ‘MUTUAL TRUST’

2021 ◽  
Author(s):  
Milka Rakočević ◽  
Ilija Rumenov
Keyword(s):  
International Law ◽  
Family Law ◽  
Private International Law ◽  
Mutual Trust ◽  
Legal Systems ◽  
The European Union ◽  
Political Decision ◽  
Cross Border ◽  
Complex Cross ◽  
The Hague

New trend emerges in the quest for establishing real actual trust between the main stakeholders in the complex cross border family law cases, which is providing for concentration of jurisdiction. The Hague Conference of Private International Law (HCCH) and the European Union (EU) are in forefront of establishing concentrating jurisdiction for those proceedings based on limitation of the number of courts in order to solve two problems: to enhance the predictability and the uniformity of the outcomes in these cases and to re-establish the mutual trust on realistic grounds instead of its current notion as a political decision. Such strategy is welcomed since it starts from the bottom and it tends to elevate the trust between the persons concerned in these proceedings and with that it stretches its prerogatives to the top, which is to enhance the trust between the legal systems. Whether it will succeed it depends again on the modalities of its establishment in the national legal systems. Generally, specialization of jurisdiction is frequently considered to be an important reform initiative in improving the development of a successful judicial system which is why it is recognized as a rapidly growing trend regarding the organization of the judiciary systems worldwide. The article will discuss the concepts of specialization of jurisdiction and its possible implementation in the national legal system of Republic of North Macedonia (N. Macedonia) regarding the complex cross border family law cases.

scholarly journals Interactions between European Court of Human Rights and Private International Law of European Union = Interacciones entre el Tribunal Europeo de Derechos Humanos y Derecho Internacional Privado de la Unión Europea

2018 ◽  
Vol 10 (1) ◽  
pp. 248 ◽  
Author(s):  
Dimitris Liakopoulos
Keyword(s):  
Human Rights ◽  
International Law ◽  
Family Law ◽  
European Court Of Justice ◽  
Private International Law ◽  
Derechos Humanos ◽  
Court Of Justice ◽  
European Court ◽  
International Private Law ◽  
European Family

Abstract: The present work is concentrated on the analysis of the jurisprudence between the European Court of Human Rights and the European Court of Justice in the sector of private international law. In particular, it deals with the differences, similarities, influences, impact, etc. in the sector of family law, insolvency and succession according the Regulations and the private international law and last but not least the recognition of sentences by the European Member States.Keywords: European Court of Human Rights, International private law, European Court of Justice, European family law, insolvency, succession.Resumen: El presente trabajo se concentra en el análisis de la jurisprudencia entre el Tribunal Europeo de Derechos Humanos y el Tribunal de Justicia Europeo en el sector del derecho internacional privado. En particular, aborda las diferencias, similitudes, influencias, impacto, etc., en el sector del derecho de familia, la insolvencia y la sucesión de acuerdo con el Reglamento y el Derecho internacional privado y, por último, el reconocimiento de condenas por parte de los Estados miembros europeos.Palabras clave: Tribunal Europeo de Derechos Humanos, Derecho Internacional Privado, Tribunal Europeo de Justicia, Derecho de Familia Europeo, insolvencia, sucesión.

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