fwd:LSN Erasmus Law Review, Vol. 7 No. 4, 12/18/2014

[Stefaan Smis]

for Genny?

Best,

Stefaan

Forwarded message:

>From: L...@publish.ssrn.com
>To: ss...@vub.ac.be
>Cc:
>Date: Thu, 18 Dec 2014 15:06:33 -0500 (EST)
>Subject: LSN Erasmus Law Review, Vol. 7 No. 4, 12/18/2014
>
>_________________________________________________________________
>
> SOCIAL SCIENCE RESEARCH NETWORK
>
> ERASMUS LAW REVIEW
> Vol. 7, No. 4: December 18, 2014
>
>Editors: ARNAUD DE GRAAF
> Professor, Erasmus University Rotterdam (EUR),
> Erasmus School of Law
> DEG...@FRG.EUR.NL
>
> ELLEN HEY
> Professor, Erasmus University Rotterdam (EUR),
> Erasmus School of Law
> H...@LAW.EUR.NL
>
> XANDRA E. KRAMER
> Professor, Erasmus University Rotterdam (EUR),
> Erasmus School of Law
>
> SANNE TAEKEMA
> Professor, Erasmus University Rotterdam (EUR),
> Erasmus School of Law
> TAE...@LAW.EUR.NL
>
> MICHIEL VAN DER WOLF
> Assistant Professor, Erasmus University Rotterdam
> (EUR) - Erasmus School of Law
> VANDE...@LAW.EUR.NL
>
> VERA WILLEMS
> PhD Student, Erasmus University Rotterdam (EUR),
> Erasmus School of Law
> V.WI...@LAW.EUR.NL
>
>_________________________________________________________________
>
>BROWSE all abstracts in this subject:
>http://www.ssrn.com/link/Erasmus-Law-Review.html
>
>SEARCH entire eLibrary at: http://ssrn.com/search
>
>If this document is misaligned, please set type face to a
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>_________________________________________________________________
>
>T A B L E O F C O N T E N T S
>
>"The Role of Private International Law in Contemporary Society:
> Global Governance as a Challenge"
> LAURA CARBALLO PIÑEIRO
> University of Santiago de Compostela
> XANDRA E. KRAMER
> Erasmus University Rotterdam (EUR), Erasmus School
> of Law
>
>"Faith and Scepticism in Private International Law: Trust,
> Governance, Politics, and Foreign Judgments"
> CHRISTOPHER A. WHYTOCK
> University of California, Irvine, School of Law
>
>"The Role of Private International Law in Corporate Social
> Responsibility"
> GEERT VAN CALSTER
> K.U. Leuven
>
>"Global Citizens and Family Relations"
> YUKO NISHITANI
> Kyushu University - Graduate School of Law
>
>"Overriding Mandatory Rules as a Vehicle for Weaker Party
> Protection in European Private International Law"
> LAURA M. VAN BOCHOVE
> Erasmus School of Law
>
>"Private International Law: An Appropriate Means to Regulate
> Transnational Employment in the European Union?"
> AUKJE A.H. VAN HOEK
> University of Amsterdam Institute for Private Law
>_________________________________________________________________
>
>"The Role of Private International Law in Contemporary Society:
> Global Governance as a Challenge"
> Erasmus Law Review, Vol. 7, No. 3, 2014
>
> Contact: LAURA CARBALLO PIÑEIRO
> University of Santiago de Compostela
> Email: laura.c...@usc.es
>Auth-Page: http://ssrn.com/author=2285121
>
>Co-Author: XANDRA E. KRAMER
> Erasmus University Rotterdam (EUR),
> Erasmus School of Law
> Email: KRA...@LAW.EUR.NL
>Auth-Page: http://ssrn.com/author=738242
>
>Full Text: http://ssrn.com/abstract=2536757
>
>ABSTRACT: The private ordering and public regulation of private
>international law situations has never been an easy task, and it
>is one to which legislatures generally have not paid a lot of
>attention. However, our ?open societies? do no longer allow for
>this lack of interest. This is evident from ongoing debates on a
>range of private international law matters that have attracted
>attention beyond the originally somewhat secluded private
>international law scholarship and which regularly receive media
>attention. The usual conflicts of interests underlying these
>types of legal relationships and disputes arising from them gain
>complexity as a result of the transnational dimension and raise
>pressing questions as to which (domestic) authority ought to
>address these in a fragmented world with different applicable
>laws. The articles included in this issue, dedicated to the role
>of private international law in contemporary society, dig up the
>many open debates concerning the challenges of private
>international law as a governance tool.
>______________________________
>
>"Faith and Scepticism in Private International Law: Trust,
> Governance, Politics, and Foreign Judgments"
> Erasmus Law Review, Vol. 7, No. 3, 2014
>
> Contact: CHRISTOPHER A. WHYTOCK
> University of California, Irvine,
> School of Law
> Email: cwhy...@law.uci.edu
>Auth-Page: http://ssrn.com/author=386558
>
>Full Text: http://ssrn.com/abstract=2536330
>
>ABSTRACT: In both the European Union (EU) and the United States
>(US), the law governing the enforcement of foreign judgments is
>evolving, but in different directions. EU law, especially after
>the elimination of exequatur by the 2012 ?Recast? of the Brussels
>I Regulation, increasingly facilitates enforcement in member
>states of judgments of other member states? courts, reflecting
>growing faith in a multilateral private international law
>approach to foreign judgments. In US law, on the other hand,
>increasingly widespread adoption of state legislation based on
>the 2005 Uniform Foreign-Country Money Judgments Recognition Act
>(2005 Act), which adds new case-specific grounds for refusing
>enforcement, suggests growing scepticism. In this essay, I
>explore possible reasons for these diverging trends. I begin with
>the most obvious explanation: the Brussels framework governs the
>effect of internal EU member state judgments within the EU,
>whereas the 2005 Act governs the effect of external foreign
>country judgments within the US. One would expect more mutual
>trust ? and thus more faith in foreign judgment enforcement ?
>internally than externally. But I argue that this mutual trust
>explanation is only partially satisfactory. I therefore sketch
>out two other possible explanations. One is that the different
>trends in EU and US law are a result of an emphasis on
>?governance values? in EU law and an emphasis on ?rights values?
>in US law. Another explanation ? and perhaps the most fundamental
>one ? is that these trends are ultimately traceable to politics.
>______________________________
>
>"The Role of Private International Law in Corporate Social
> Responsibility"
> Erasmus Law Review, Vol. 7, No. 3, 2014
>
> Contact: GEERT VAN CALSTER
> K.U. Leuven
> Email: ga...@law.kuleuven.be
>Auth-Page: http://ssrn.com/author=1051062
>
>Full Text: http://ssrn.com/abstract=2536314
>
>ABSTRACT: This contribution firstly reviews developments in the
>EU and in the United States on corporate social responsibility
>and conflict of laws. It concludes with reference to some related
>themes, in particular on the piercing of the corporate veil and
>with some remarks on compliance strategy, and compliance reality,
>for corporations.
>______________________________
>
>"Global Citizens and Family Relations"
> Erasmus Law Review, Vol. 7, No. 3, 2014
>
> Contact: YUKO NISHITANI
> Kyushu University - Graduate School
> of Law
> Email: nys...@gmail.com
>Auth-Page: http://ssrn.com/author=1849271
>
>Full Text: http://ssrn.com/abstract=2536315
>
>ABSTRACT: As globalisation progresses, cross-border movements of
>people are becoming dynamic and multilateral. The existence of
>different groups and minorities within the community renders the
>society multiethnic and multicultural. As individuals acquire new
>affiliation and belonging, the conventional conflict of laws
>methods may no longer be viable and should be subject to a
>thorough re-examination. Against this background, this paper
>analyses appropriate conflicts rules in international family
>relations to reflect an individual?s identity. Furthermore, in
>light of the contemporary law fragmentation, this study also
>analyses interactions between state law and non-state cultural,
>religious or customary norms.
>______________________________
>
>"Overriding Mandatory Rules as a Vehicle for Weaker Party
> Protection in European Private International Law"
> Erasmus Law Review, Vol. 7, No. 3, 2014
>
> Contact: LAURA M. VAN BOCHOVE
> Erasmus School of Law
> Email: vanbo...@frg.eur.nl
>Auth-Page: http://ssrn.com/author=867909
>
>Full Text: http://ssrn.com/abstract=2536316
>
>ABSTRACT: The Rome I Regulation on the law applicable to
>contractual obligations contains several provisions aimed
>explicitly at the protection of ?weaker? contracting parties,
>such as consumers and employees. However, in addition to this,
>the interests of weaker parties are sometimes also safeguarded
>through the application of ?overriding mandatory provisions?,
>which are superimposed on the law applicable to the contract to
>protect a fundamental interest of a Member State. This article is
>an attempt to clarify the extent to which the concept of
>overriding mandatory provisions may serve as a vehicle for weaker
>party protection. To do this, it examines the definition and
>limitations of the concept and its relation to conflict of laws
>rules based on the protective principle. Finally, the article
>seeks to establish whether the doctrine of overriding mandatory
>provisions remains relevant in the case of harmonisation of
>substantive law at the EU level, for which it will differentiate
>between full and minimum harmonisation.
>______________________________
>
>"Private International Law: An Appropriate Means to Regulate
> Transnational Employment in the European Union?"
> Erasmus Law Review, Vol. 7, No. 3, 2014
>
> Contact: AUKJE A.H. VAN HOEK
> University of Amsterdam Institute for
> Private Law
> Email: a.a.h....@uva.nl
>Auth-Page: http://ssrn.com/author=823806
>
>Full Text: http://ssrn.com/abstract=2536317
>
>ABSTRACT: The regulation of transnational employment in the
>European Union operates at the crossroads between private
>international law and internal market rules. The private
>international law rules are currently laid down in the Rome I
>Regulation. This regulation is complemented by the Posted Workers
>Directive, a directive based on the competences of the EU in the
>field of free movement of services. The current contribution
>first describes the rules which determine the law applicable to
>the employment contract under Article 8 Rome I Regulation and the
>way these rules are interpreted by the CJEU before critically
>analysing these rules and the reasoning that seems to lie behind
>the court?s interpretation (section 2). The law applying to the
>contract is, however, only of limited relevance for the
>protection of posted workers. This is due inter alia to the
>mandatory application of certain rules of the country to which
>the workers are posted, even if a different law governs their
>contract. This application of host state law is based on Article
>9 Rome I Regulation in conjunction with the Posted Workers
>Directive. Section 3 describes the content of these rules and the
>? to some extent still undecided ? interaction between the Rome I
>Regulation and the PWD. The conclusion will be that there is an
>uneasy match between the interests informing private
>international law and the interests of the internal market, which
>is not likely to be resolved in the near future.
>__________________________________________________________________
>
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[Genny Ngende]

Dear Prof. Smis,

thank you, it's well appreciated.

Best,


Genny

--
Genny Ngende
Researcher
Vrije Universiteit Brussel (VUB)
Department of International and European Law
Pleinlaan 2 - B - 1050 Brussels
Tel. + 32 (0) 2 629 3842
mobile. + 32 (0) 484 78 01 73