Imperativeness in Private International Law: A View from Europe

This book explores the concept of imperativeness in private international law (PIL) and discusses "imperative norms" and "imperativeness" as their intrinsic quality. It examines the rules or principles that protect fundamental interests and/or the values of a state to require their application at any cost and without exceptions. The book uses an analysis of the case law of the CJEU and the courts of various European countries to delve into the origin of imperativeness since Roman law, explain how imperative norms have evolved in different conceptions of private international law, and clarify the foundation of the differences between international public policy and overriding mandatory rules. It also discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness has emerged to ensure the protection of fundamental human rights in transnational relationships.

Format: Paperback / softback
Length: 255 pages
Publication date: 29 January 2023
Publisher: T.M.C. Asser Press

This book delves into the intricate realm of private international law (PIL) and explores the concept of imperativeness, examining its manifestation in various legal frameworks. It delves into the concept of "imperative norms" and "imperativeness" as inherent qualities, analyzing the rules and principles that safeguard fundamental interests and values of states, compelling their application at any cost and without exception.

In discussing imperative norms in PIL, the book encompasses international public policy and overriding mandatory rules. It delves into the origins, content, scope, and effects of these forms of imperativeness, providing a comprehensive analysis. Recognizing the ongoing debates within academia and case law regarding the distinctions between international public policy and overriding mandatory rules, as well as their functioning mechanisms, this book endeavors to shed light on these topics.

Drawing upon an approach primarily rooted in the case law of the CJEU and the courts of various European countries, the book traces the historical roots of imperativeness since Roman law. It elucidates how imperative norms have evolved within different conceptions of private international law and elucidates the foundational differences between international public policy and overriding mandatory rules. Furthermore, it clarifies how these concepts are employed in EU Regulations on PIL and in the practical application of these legal sources.

The book also examines the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries. It explores whether a minimum content of imperativeness, primarily aimed at ensuring the protection of fundamental human rights in transnational relationships, has emerged among these countries.

In conclusion, this book serves as a valuable resource for scholars, practitioners, and policymakers interested in understanding the dynamics of imperativeness in PIL. It provides a comprehensive analysis of the origins, content, scope, and effects of imperative norms, as well as their interplay with international public policy and overriding mandatory rules. By examining the case law of the CJEU and other European countries, the book sheds light on the evolution of the concept of imperativeness and its implications for the protection of fundamental rights in transnational relationships.

Weight: 415g
Dimension: 235 x 155 (mm)
ISBN-13: 9789462655010
Edition number: 1st ed. 2022