European Private International Law

Geert Van Calster is Professor and Head of the Department of International and European Law at KU Leuven. He holds visiting positions at King's College London, Monash University and CESL, Beijing. As a member of the Brussels Bar he has an internationally-based commercial practice.

1 Introduction
1.1 The Concept, Nature and Development of Private International Law
1.2 Sources of Private International Law
1.3 The 3 Processes of PIL, and Standard 'Connecting Factors'
1.4 Characterisation, Renvoi and the 'incidental' issue or Vorfrage
1.5 Forum shopping and forum non conveniens
1.6 The Impact of European Law on the Private International Law of the Member States
2 The Core of European Private International Law: Jurisdiction
2.1 Summary
2.2 Detailed Review of the Regulation
3 The Core of European Private International Law: Applicable Law – Contracts
3.1 Summary
3.2 Detailed review of the Regulation
4 The Core of European Private International Law: Applicable Law – Tort
4.1 Introduction
4.2 General Principles
4.3 Scope of Application
4.4 Applicable Law – General Rule: Lex loci damni
4.5 One General Exception to the General Rule and one Escape Clause
4.6 Specifi c Choice of Law Rules for Specifi c Torts – No Specific
Rules for 'Protected Categories'
4.7 Freedom to Choose Applicable Law
4.8 Scope of the Law Applicable
4.9 Contract-Related Tort Claims
4.10 'Overriding' Mandatory Law and Public Order
5 The Insolvency Regulation
5.1 The overall nature of and core approaches to insolvency and private international law
5.2 Genesis of the Insolvency Regulation
5.3 Scope of application and overall aim
5.4 The international impact of the Regulation
5.5 The jurisdictional model: Universal jurisdiction based on COMI, alongside limited territorial procedures
5.6 Applicable law
5.7 Recognition and enforcement of insolvency proceedings
5.8 Powers of the liquidator
5.9 Future amendment of the Regulation
6 Free Movement of Establishment, Lex Societatis and Private International Law
6.1 Daily Mail
6.2 Centros
6.3 Uberseering
6.4 Inspire Art
6.5 Cartesio – and its mirror image: Vale
6.6 Grid Indus
7 Private International Law, Corporate Social Responsibility and Extraterritoriality
7.1 The role of Private International Law in operationalizing Corporate Social Responsibility
7.2 The United States: Litigation Based on The Alien Tort Statute
7.3 The European Union