Content and Meaning of National Law in the Context of Transnational Law
Henricus Joseph Snijders, Stefan Vogenauer
sellier. european law publ., 2009 - Law - 222 pages
This collection of essays by Dutch, English and Swiss scholars deals with the impact of transnational law, in particular the law of the European Union and the Council of Europe, on the content and meaning given to domestic law by national legislators and judges. Topics covered include the constitutional and practical implications of implementing transnational law at the national level, as well as the interpretation of domestic law against the background of the European Convention on Human Rights, the law of the European Union and so called "soft law" instruments in areas such as civil procedure, jurisdiction, contract, company law and competition law.
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AFMP agreement applicable contract law Brussels Convention Brussels I Regulation case-law cassation CCPr CISG Civil Code Civil Procedure Community law company law concerned conﬂict Constitution consumer context contra proferentem contract law Council of Europe Court of Justice courts raising points DCCPr DCFR decision Deventer domestic law Dutch courts duty ECHR ECtHR enforcement English law European Company Law European Court European Union example faith federal Acts ﬁnal ﬁnd ﬁrst ﬁrst instance Hoge Raad Human Rights implementation incorporated inﬂuence infringement instrument international law international uniform law interpretation issue judgment judicial jurisdiction Justice’s Kamerstukken legislation Lord Woolf mandatory matters meaning Member motion national courts national law national rules negotiations Netherlands obligations Ofﬁcial over-implementation paras Parlementaire Geschiedenis Parliament parties PICC clauses protection public policy question reference reﬂect relevant requires rules and principles Schijndel speciﬁc standard form contracts Strasbourg Supreme Court Swiss tion transnational law treaties UNIDROIT Principles