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EU Private International Law

Harmonization of Laws

Peter Stone

This book focuses on harmonization of conflict laws at the European Community level, which has been driven by the introduction of a series of conventions and regulations. It offers critical assessment of these advances across four main areas of concern: civil jurisdiction and judgments; the law applicable to civil obligations; family law; and insolvency.
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Geert Van Calster and Leonie Reins

In the EU, in the past, intervention in the area of noise pollution has focused on safeguarding the internal market rather than dealing with the environmental and health and safety impacts. This changed with the enactment of the 2002 Environmental Noise Directive, which marks the cornerstone in the Union’s noise policy. In addition, an important part of noise pollution is addressed by imposing product standards on individual noise emitters. This chapter discusses both the Environmental Noise Directive and the sector specific regulation to noise. They all have in common that tackling noise pollution is best attained, to a large extent at least, by preventing pollution at source. Economic instruments are very rarely used in this sector. Taxing the emission of noise is only really done in the air transport sector. Subsidies and fiscal incentives for using less noisy techniques and/or tools are in fact completely absent in the Member States.

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Geert Van Calster and Leonie Reins

Air pollution has been on the European environmental agenda for several decades. The 2005 Thematic Strategy on air pollution assessed the situation, provided interim objectives and suggested inter alia to promote integration of air pollution and environmental concerns into other policy areas, as well as to modernise legislation and focus on the most serious pollutants. In its 2005 strategy, the Commission promoted the restructuring of existing provisions into a single directive and the introduction of new air quality standards for fine particulate matter, as well as the revision of national emissions ceilings as key to a successful implementation. This chapter discusses the air policy and its changes in the last decade, firstly looking at general legislative tools on air quality, then discussing air emissions and sector specific regulation and harmonisation applicable to air pollution.

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Geert Van Calster and Leonie Reins

The area of climate change is one of the biggest challenges for the international arena, as well as for the EU in the 21st century. Union action in this area is broad and has been strengthened through the inclusion of a reference to climate change in the TFEU. This chapter limits the discussion to the most important tools, such as the European Emissions Trading System.

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Geert Van Calster and Leonie Reins

EU law on waste management is prolific, has an important business impact, and ranks historically among the earlier pieces of EU environmental law. It is also very regularly the subject of preliminary review procedures with the Court of Justice, has led to a string of infringement procedures by the European Commission, and is of course routinely applied in national courts by virtue of the primacy of EU law in national legal orders. It is impossible to give even a succinct overview in the space justified in a book of this nature. Instead, an overview of the EU’s overall waste policy is given and the main issues surrounding the “definition” of waste are highlighted, since it is only when a substance is defined as “waste” that the (many) waste laws apply.

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Geert Van Calster and Leonie Reins

This chapter discusses the European regulatory framework for chemicals, such as the REACH Regulation, the Regulation on the classification, labelling and packaging of substances and mixtures (CLP Regulation), the Biocidal Products Regulation (BPR Regulation) and the Genetically Modified Organisms Directive (GMO Directive).

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Geert Van Calster and Leonie Reins

This chapter introduces the regulatory framework of the EU regarding trade and environment. It discusses the new approach to trade and environment, as well as the European case law on this issue.

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Andrej Savin

This chapter is an introduction to Internet regulation in the EU. It explains how Internet architecture influences its regulation and how regulation, in turn, can have an impact on the architecture. Policy, governance, competence to regulate and various regulatory circles (e-commerce, telecoms, audio-video media services) are covered. Internet law, Cyberlaw, Internet governance, Internet policy, telecommunications law

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Andrej Savin

This chapter is an overview of electronic commerce law in the EU, including the E-Commerce Directive as one of the EU Framework Directives. Whereas the first part covers the Directive itself, the second is about harmonization of parts of EU sales law relating to the digital world. E-commerce law, digital single market, electronic contracts, sales law

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Andrej Savin

The chapter covers jurisdiction and choice of law applicable to Internet issues in the EU. The chapter first explores jurisdiction and recognition of judgments in the Brussels I Regulation (Recast), followed by the rules on the applicable law in the Rome I and Rome II Regulations. Finally, a brief overview of alternative dispute resolution methods is given. Private international law, Jurisdiction, Brussels I Regulation (Recast), choice-of-law, alternative dispute resolution