Giovanni Zarra's Books

Imperativeness in Private International Law

A View from Europe

By: Giovanni Zarra

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Imperativeness in Private International Law

A View from Europe

By: Giovanni Zarra

This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work 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 – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

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261

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Springer Nature

Published Date

ISBN 10

9462654999

ISBN 13

9789462654990

Imperativeness in Private International Law

A View from Europe

By: Giovanni Zarra

Write a review Read reviews Take a Quiz Solve Book Puzzle

Imperativeness in Private International Law

A View from Europe

By: Giovanni Zarra

Average ratings

N/A

Write a review

Solve jigsaw puzzle

Age

Page Count

261

Publisher

Springer Nature

Published Date

ISBN 10

9462654999

ISBN 13

9789462654990

Parallel proceedings in investment arbitration

By: Giovanni Zarra

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Parallel proceedings in investment arbitration

By: Giovanni Zarra

The volume “Parallel Proceedings in Investment Arbitration” is a monograph directed both to scholars and practitioners working on international law and international arbitration, which analyzes one of the most relevant issues of investment arbitration, which has extremely important practical consequences. Starting from an analysis of the sources of parallel proceedings and from a study of the reasons for the proliferation of international investment arbitrations arising from the same facts, “Parallel Proceedings in Investment Arbitration” argues that - at the admissibility stage of arbitral proceedings - the application of certain principles (namely abuse of process, res judicata and collateral estoppel) could, if such principles are broadly interpreted, offer practical solutions to the issue. Such an interpretation finds support in several awards and legal writings and the conclusions reached in the book are highly desirable from the perspective of investment arbitration as a public means of disputes settlement.Giovanni Zarra is a researcher and lecturer in international arbitration, international commercial law and private international law at the University of Naples Federico II. He holds a PhD in international disputes settlement at the University of Naples Federico II, during which he was supervised by Prof. Massimo Iovane and Loukas A. Mistelis. He also holds an LLM (with distinction) in International and Comparative Dispute Resolution at Queen Mary University of London and is the author of several publications (both in Italian and English) on subjects related to international arbitration, transnational litigation, private international law and international commercial law.

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273

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G Giappichelli Editore

Published Date

ISBN 10

8892105779

ISBN 13

9788892105775

Book's by Giovanni Zarra

Imperativeness in Private International Law

Imperativeness in Private International Law

Imperativeness in Private International Law

Imperativeness in Private International Law

Parallel proceedings in investment arbitration

Parallel proceedings in investment arbitration

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