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16 Cards in this Set
- Front
- Back
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What are the issues? |
1) Jurisdiction 2) Applicable Rules 3) Cross-border enforcement |
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what are the methods? |
1) In general 2) Cross-border private situations and the EU |
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What is the issue of jurisdiction? |
Which court may hear a cross-border dispute and issue a judgement? |
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why does jurisdiction have special relevance in cross-border disputes? |
because the place of litigation has an impact on outcome of dispute |
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what other issues are relevant for cross-border disputes? |
- Service of process - Taking of evidence -etc. |
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What are the rules of jurisdiction? |
Art. 23 Brussel I Regulation art. 77 Belgian Code PIL |
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what is the most important question: which court or which rules |
which rule will apply, since different countries look different at certain rules |
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Is the question not moot given unification/harmonisation of law? |
no, since there are different forms of harmonization |
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what are the two different forms of harmonization? |
Minimum and maximum harmonization |
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what are the issues with cross-border enforcement of judgement? |
how does the country enforce judgement? |
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what are the possibilities? |
1) Prohibit enforcement of foreign judgements or only if reciprocity 2) Require that foreign judgements be first verified 3) allow unconditional enfocement of foreign judgements |
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what is a special character of international law concerning the methods? |
Importance of method/reasoning (as opposed to exclusive focus on content of the rules) Abstract nature of methods |
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what is the central question of cross-border private situations? |
which rules are applicable to cross-border situation |
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what issues need to be addresed to answer this central question? |
- are uniform rules applicable? - which solution in the absence of unification/harmonization |
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are uniform rules applicable? |
CISG: No 'one size fits all' solution - each uniform law has its own applicability criteria |
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for example when is Regulation 261/2004 'overbooking' - applicable? |
- Point of departure is EU airport - Point of departure is outside EU but destination is EU airport - provided European airline and no equivalent protection afforded |
