Full Description
This book provides theoretical and practical insights into emerging problems concerning multistate torts in private international law. Prominent authors analyse the issue of multistate torts in the context of the core of the European legal system and its classic coordination tools.
The book highlights how cross-border torts can cause difficulties of localisation, including the complexities associated with the involvement of a high number of national courts with full or partial jurisdiction. It examines how this can lead to simultaneously pending proceedings, conflicting judgments and a multiplicity of applicable laws for the same claim. Chapters evaluate the main areas in which tort cases can arise, including cases of online defamation with a focus on Strategic Lawsuits Against Public Participation (SLAPP), the violation of competition law, climate change litigation, AI-related harm and product liability and succession matters. The book will also address the problem of inconsistent judgments that limit the circulation of enforcement proceedings in human rights cases.
Multistate Torts in European Private International Law is an essential reference for students and scholars of private international law and comparative law. With an in-depth analysis of contemporary issues, it is also relevant to legal practitioners facing related cases.
Contents
Contents
Introduction to Multistate Torts in European Private
International Law 1
Javier Carrascosa González, Silvia Marino, and Anna Wysocka-Bar
1 Alternativity and multiplicity in European private
international law: setting the scenario in the case of cross-
border torts 9
Silvia Marino
2 Lis pendens and related actions in EU private international law 26
Bartosz Trocha
3 Jurisdiction in defamation cases: the world is my oyster 43
Javier Carrascosa González
4 The law applicable to damage in cases with foreign elements
in Article 4 Rome II Regulation: when in Rome, do as the
Romans do 58
Javier Carrascosa González
5 Law applicable to defamation in cases with foreign elements
and libel tourism 73
Javier Carrascosa González
6 The Rome II Regulation revision on defamation and the Anti-
SLAPP Directive 87
Caterina D'Osualdo
7 Cross-border perspectives of private enforcement of
competition law 99
Magdalena Ličková and Silvia Marino
8 Jurisdiction and applicable law in climate change litigation 119
Olivera Boskovic
9 Converging substantive and choice-of-law rules in AI-related
harm: a focus on the relevant EU legal framework 135
Benedetta Cappiello
10 Cross-border recognition and enforcement of judgments and
human rights: intersection between cross-border recognition
and enforcement and Article 6 ECHR and Article 1 Protocol
No 1 to the ECHR 155
Satu Heikkilä
11 Clash of judgments under the Hague Judgment Convention 177
Francisco José Garcimartín Alférez and Sara Sánchez Fernández
12 Coordination of jurisdiction in succession matters in the EU 196
Anna Wysocka-Bar
