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Author:   Justin Borg-Barthet (University of Aberdeen, UK)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 16.00cm , Height: 1.80cm , Length: 23.60cm
Weight:   0.480kg
ISBN:  

9781849462969

ISBN 10:   1849462968
Pages:   210
Publication Date:   09 April 2012
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1 Introduction 1.1 Aims 1.2 Scope 1.3 A History in Brief 1.4 Are Conflicts of Corporate Laws Still Relevant? 1.5 Provisional Conclusions 2 The Principle of Party Autonomy 2.1 Introduction 2.2 A Global Movement Towards Party Autonomy? 2.3 Analogies with Contract Law 1 2.4 Economic Analyses of the Conflict of Corporate Laws 2.5 Conclusions 3 The Plural Aims of Conflict of Corporate Laws 3.1 Introduction 3.2 Targeted Protective Mechanisms 3.3 Enduring Divergence in Corporate Law, and Potential Exceptions in Private International Law 3.4 Conclusions 4 Party Autonomy in European Law 4.1 Introduction 4.2 The Constitutional Treatment of Party Autonomy 4.3 The Origins and Purpose of Article 50 4.4 The Substantive Effects of Harmonisation on Party Autonomy 4.5 Supranational Business Vehicles 4.6 Conclusions 5 The Freedom of Establishment Judgments 5.1 Introduction 5.2 Centros et al in Context: the Treaty Provisions, the 1968 Convention and Daily Mail 5.3 The ECJ's Liberalising Judgments 5.4 Cartesio 5.5 The Present State of EU Law 5.6 Conclusions 6 Options for Future Development 6.1 Introduction 6.2 Option 1: the Status Quo 6.3 Option 2: the Status Quo Ante 6.4 Option 3: Unification or Supranationalisation of Corporate Law 6.5 Option 4: a New Regulatory Framework 6.6 Conclusions

Reviews

Overall, Borg-Barthet's book is a considerable achievement. It develops a clear thesis, supported by a logical step-by-step analysis, culminating in a concrete proposal for legislative action. -- Michael Schillig European Law Review, Volume 39 One need not be convinced by the author's attack on the ECJ's case law in order to appreciate the high academic standard of the discussion and the depth of his considerations. Even the reader who disagrees will be provoked to seriously reconsider his own understanding of the conflict of laws development triggered by the ECJ. -- Peter Behrens Common Market Law Review, Volume 50, Issue 6

Overall, Borg-Barthet's book is a considerable achievement. It develops a clear thesis, supported by a logical step-by-step analysis, culminating in a concrete proposal for legislative action. -- Michael Schillig * European Law Review, Volume 39 * One need not be convinced by the author's attack on the ECJ's case law in order to appreciate the high academic standard of the discussion and the depth of his considerations. Even the reader who disagrees will be provoked to seriously reconsider his own understanding of the conflict of laws development triggered by the ECJ. -- Peter Behrens * Common Market Law Review, Volume 50, Issue 6 *

Overall, Borg-Barthet's book is a considerable achievement. It develops a clear thesis, supported by a logical step-by-step analysis, culminating in a concrete proposal for legislative action. Michael Schillig European Law Review, Volume 39, February 2014 One need not be convinced by the author's attack on the ECJ's case law in order to appreciate the high academic standard of the discussion and the depth of his considerations. Even the reader who disagrees will be provoked to seriously reconsider his own understanding of the conflict of laws development triggered by the ECJ. Peter Behrens Common Market Law Review, Volume 50, Issue 6, 2013

Author Information

Justin Borg-Barthet is a lecturer in law at the University of Dundee.

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