Jurisdiction and Cross-Border Collective Redress

Released on by Alexia Pato
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  • Jurisdiction and Cross-Border Collective Redress Book Detail

  • Author : Alexia Pato
  • Release Date : 2019-07-11
  • Publisher : Bloomsbury Publishing
  • Genre : Law
  • Pages : 367
  • ISBN 13 : 1509930310
  • File Size : 4,4 MB
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Jurisdiction and Cross-Border Collective Redress by Alexia Pato PDF Summary

Book Description: In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.

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Whether with regard to mass torts, civil-rights claims or as a means of private enforcement of antitrust and other regulatory policies: Collective redress of ci

Extraterritoriality and Collective Redress

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Examines the extraterritorial effect of collective redress litigation, looking at the way in which many collective redress issues span frontiers, and thus invol