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Page 1 of 12

  • BASIC PRINCIPLES OF JURISDICTION IN PRIVATE INTERNATIONAL LAW: THE EUROPEAN UNION, THE UNITED STATES AND ENGLAND

  • Trevor C Hartley
  • Journal:
    International & Comparative Law Quarterly / Volume 71 / Issue 1 / January 2022
    Published online by Cambridge University Press:
    11 November 2021, pp. 211-226
    Print publication:
    January 2022
    • Article
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  • This article consists of a comparative study of the basic principles underlying the rules of jurisdiction in private international law in commercial cases in the law of the European Union, the United States and England. It considers the objectives which these rules seek to achieve (protection of the rights of the parties and respect for the interests of foreign States) and the extent to which these objectives are attained. It takes tort claims, especially in the field of products-liability, as an example and considers which system has the most exorbitant rules. It suggests explanations for the differences found.

  • RECENT DEVELOPMENTS UNDER THE BRUSSELS I REGULATION

  • Trevor C Hartley
  • Journal:
    International & Comparative Law Quarterly / Volume 69 / Issue 4 / October 2020
    Published online by Cambridge University Press:
    21 September 2020, pp. 979-990
    Print publication:
    October 2020

  • This article considers recent CJEU case law on the Brussels I Regulation. Two aspects of Article 7(1) (which applies to matters relating to a contract) are considered: the first is whether the contract must be between the parties to the case; the second is whether membership of an association should be regarded as constituting implied consent to be bound by decisions of the association so that jurisdiction to enforce them may be taken under Article 7(1). The article also discusses recent case law on who counts as a ‘consumer’ in terms of Article 17.

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