Universal Jurisdiction and Third States in the Reform of the Brussels I Regulation

Rabel Journal of Comparative and International Private Law (RabelsZ), Vol. 75, No. 3, pp. 619-644, July 2011

DOI: 10.1628/003372511796351340

Max Planck Private Law Research Paper No. 11/7

27 Pages Posted: 10 Apr 2011 Last revised: 14 Aug 2013

See all articles by Johannes Weber

Johannes Weber

Max Planck Institute for Comparative and International Private Law

Date Written: March 28, 2011

Abstract

In December 2010, the European Commission published a Proposal for a reform of the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. One of the cornerstones of the Proposal is the operation of the Regulation in the international legal order, a subject which has proven to be one of the most intricate issues in European international civil procedure. The following paper will give a first assessment of the Commission Proposal as regards third State scenarios. After a brief discussion of the Union’s competence and the Union’s interest to legislate in this field, it will turn to the extension of special heads of jurisdiction to third State defendants, the decline of jurisdiction in favour of third States and the proposal for new subsidiary grounds of jurisdiction, before briefly concluding on recognition and enforcement of third State judgments.

This article is published in this Research Paper Series with the permission of the rights owner, Mohr Siebeck. Full-text Rabel Journal articles are available via pay-per-view or subscription at IngentaConnect, a provider of digital journals on the Internet.

Keywords: Third State, non-Member State, Brussels I, 44/2001, Brussels I Reform, Owusu, COM(2010) 748, jurisdiction

Suggested Citation

Weber, Johannes, Universal Jurisdiction and Third States in the Reform of the Brussels I Regulation (March 28, 2011). Rabel Journal of Comparative and International Private Law (RabelsZ), Vol. 75, No. 3, pp. 619-644, July 2011; DOI: 10.1628/003372511796351340; Max Planck Private Law Research Paper No. 11/7. Available at SSRN: https://ssrn.com/abstract=1804103

Johannes Weber (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

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Hamburg, D-20148
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