Shine, Patricia Margaret (2010) The Treatment of Non-EU Nationals before Domestic Courts of Member States. Chinese Journal of International Law, 9 (2). pp. 451-471. ISSN 1540-1650
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Official URL: http://dx.doi.org/10.1093/chinesejil/jmq015
There is some uncertainty in private international law at the present time as to the correct law to be applied to decide jurisdictional disputes involving nationals of non-EU Member States who come before the domestic courts of a Member State. Examining these issues from the perspective of the third State defendant, this papers first summarizes the current legal framework as it applies to cases with an international dimension beyond the EU, then analyses some decisions of national courts, particularly in the last year, to highlight the many remaining uncertainties facing a non-EU-domiciled defendant and finally considers the likely impact on third State parties of possible future EU legislation in this area and the compatibility of present and future legislation with generally accepted principles of private and public international law.
|Schools:||College of Business, Law & Applied Social Studies > Lancashire Law School|
|Deposited By:||Richard D Taylor|
|Deposited On:||02 Apr 2012 10:21|
|Last Modified:||17 May 2016 12:30|
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