How European is European Private International Law

Prof. Dr. Jan von Hein is a Director at the Institute for Comparative and Private International Law at the University of Freiburg, Germany. He is the chairman of the Second Commission of the German Council for Private International Law, a member of the Board of the International Law Association's German branch and an associate member of the International Academy of Comparative Law. He is the author of numerous books and articles on private international and comparative law which have been honoured by the Max Planck Society and the German Stock Corporation Institute. Professor Eva-Maria Kieninger is Professor of German and European Private Law and Private International Law at the University of Wuerzburg, Germany. She is a member of the German Council for Private International Law, the International Academy of Comparative Law and the International Academy of Commercial and Consumer Law. In honour of her work she has been elected a member of the Bavarian Academy of Science. Professor Giesela Rhl is Professor of Private International and Comparative Law at the University of Jena, Germany, and a Co-Founder and Co-Director of its Centre for European Studies. She is a member of the European Academy of Sciences and Arts, the European Law Institute and the International Academy of Comparative Law. Her work has been honoured by the American Society of International Law, the German National Academy of Sciences and the Max Planck Society

• Introduction (p. 1)Part 1 EUROPEANNESS OF LEGAL SOURCESThe Relationship between EU Legislation and International Instruments in the Field of Private International Law (p. 19)Regulations and Conventions: A Comment on the Sources of European Union Private International Law (p. 53)Interaction between EU Regulations and Member State Codifi cation of Private International Law: From Patchwork to Network (p. 61)A View from the Trenches on EU and Member State Private International Law (p. 111)Part 2 EUROPEANNESS OF COURT PRACTICEThe Application of European Private International Law and the Ascertainment of Foreign Law (p. 139)When Should EU Private International Law Require that Foreign Law be Applied? (p. 177)The Application of European Private International Law by National Judges: Challenges and Shortcomings (p. 185)The Application of European Private International Law by National Judges: Making the Job Easier (p. 205)A Common Discourse in European Private International Law? A View from the Court System (p. 215)National Court Systems and Uniform Application of European Private International Law (p. 235)Part 3 EUROPEANNESS OF ACADEMIC DISCOURSENational Styles of Academic Discourse and their Impact on European Private International Law: A View from France (p. 255)National Styles of Academic Discourse and their Impact on European Private International Law: A Portuguese Perspective (p. 273)Political Private International Law: How European are Overriding Mandatory Provisions and Public Policy Exceptions? (p. 285)Public Policy and Overriding Mandatory Rules as Mirrors of the EU System of Th ought and Integration: On the ‘Europeanness’ of Exceptions and Oddities (p. 303)Private International Law in Legal Education in Europe and Selected Other Countries (p. 333)Should European Teachers Focus on European Private International Law? (p. 355)