The Regulatory Function of European Private Law

The Regulatory Function of European Private Law book cover

The Regulatory Function of European Private Law

Author(s): Fabrizio Cafaggi (Editor), Horatia Muir Watt

  • Publisher: Edward Elgar Publishing Ltd
  • Publication Date: 29 May 2009
  • Language: English
  • Print length: 384 pages
  • ISBN-10: 1847201997
  • ISBN-13: 9781847201997

Book Description

In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration?

The editors argue that because national categories are of little help in grasping the characteristics of a multi-level regulatory system, it is necessary to link three perspectives: private law, regulation and conflict of laws. This book explores this interaction in four distinct fields: product liability, environmental protection, public utilities and e-commerce. The results show that EPL is highly regulatory and that the implications of this change have not been adequately considered by institutions and by scholars.

The Regulatory Function of European Private Law will be of great interest to academics of law, as well as to private and public lawyers and European policymakers.

Editorial Reviews

Review

‘In twelve topical papers, written by renowned experts in distinct areas of the law, the reader will find out how private law and private international law instruments can serve public policy goals (such as the protection of the environment, product safety or services of general economic interest) and how these instruments interact with regulation in the proper sense. A must for those who want to explore the borderline – if it exists – between public and private law in the EU.’ — Jules Stuyck, Leuven University, Belgium

About the Author

Edited by Fabrizio Cafaggi, Judge at the Italian Council of State, Professor of Behavioral Sciences and Public Administration, LUISS University, Italy and Horatia Muir Watt, Professor of Law, SciencesPo, Paris, France

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