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OverviewIn recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general. Full Product DetailsAuthor: Alexia Pato (University of Bonn)Publisher: Bloomsbury Publishing PLC Imprint: Hart Publishing Weight: 0.517kg ISBN: 9781509946259ISBN 10: 150994625 Pages: 368 Publication Date: 21 January 2021 Audience: College/higher education , Tertiary & Higher Education Format: Paperback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of ContentsIntroduction I. The Rise of Mass Damages and the Corresponding Private Enforcement Gap II. Collective Redress to the Rescue III. Efforts at the EU Level IV. Delineation of the Material Scope V. Towards the Construction of an Appropriate Regime on International Jurisdiction in Collective Redress Cases 1. Back to the Origin: The US Class Action I. A Primer on Class Actions II. Pre-Certification Questions III. Class Certification IV. Post-Certification Steps V. Conclusion 2. Collective Redress Mechanisms in the EU I. Developments of National Collective Redress Mechanisms II. The Role of the EU III. Conclusion 3. Private International Law Analysis I. Jurisdiction under the Brussels Regulation (Recast) (BIa) II. Jurisdiction and Collective Redress III. Conclusion 4. Proposal for an Appropriate Forum Regarding Collective Redress Actions I. Appropriateness of the Current Provisions and Proposals for Reform II. Proposal III. Conclusion Final Conclusions I. Harmonisation of Collective Redress Mechanisms: Unity over Diversity II. The Proposal: Access to Justice over UnityReviewsPato's work is very clearly organized, thorough, and balanced in its approach. It offers an excellent guide through the intricacies both of collective redress mechanisms, in all their variety, and the private international law principles that govern cross-border collective proceedings. It is bound to remain a standard source for a good long time. -- Joost Blom, Peter A Allard School of Law, University of British Columbia * Canadian Journal of Netherlandic Studies * Pato’s work is very clearly organized, thorough, and balanced in its approach. It offers an excellent guide through the intricacies both of collective redress mechanisms, in all their variety, and the private international law principles that govern cross-border collective proceedings. It is bound to remain a standard source for a good long time. -- Joost Blom, Peter A Allard School of Law, University of British Columbia * Canadian Journal of Netherlandic Studies * Author InformationAlexia Pato is a Senior Research Fellow at the University of Bonn. Tab Content 6Author Website:Countries AvailableAll regions |
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