The Regulatory Function of European Private Law
Edited by Fabrizio Cafaggi and Horatia Muir Watt
Edward Elgar Publishing, 2009
‘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
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.
Table of Contents
Part I: Utilities
1. The Regulation of Services and the Public–Private Divide
2. Regulatory Strategies on Services Contracts in EC Law
3. The Regulatory Function of Choice of Law Rules Applying to Contracts for Services in the European Union
Part II: Environmental Law
4. Regulatory Dilemmas in EC Environmental Law: The Ongoing Conflicts between Competitiveness and the Environment
(Javier de Cendra de Larragán)
5. Regulatory Strategies in Environmental Liability
(Michael G. Faure)
6. The Law Applicable to Violations of the Environment – Regulatory Strategies
Part III: Product Safety
7. Product Safety, Private Standard-Setting and Information Networks
(Fabrizio Cafaggi )
8. Interaction between Product Liability and Regulation at the European Level
9. Impact of the Mutual Recognition Principle on the Law Applicable to Products
Part IV: E-Commerce
10. E-commerce from a Private Law Perspective
11. E-commerce from a Regulatory Perspective
12. Re-allocating Horizontal and Vertical Regulatory Powers in the Electronic Marketplace: What to do with Private International Law
Page last updated on 09 September 2019