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The Word is a Dangerous Weapon: Jurisdiction, Applicable Law and Personality Rights in EU Law – Missed and New Opportunities

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Abstract:

The transnational violation of personality rights is, perhaps, one of the most contentious domains of private international law. The paper analyses the EU private international law (both jurisdiction and applicable law) of the violation of personality rights, in the context of the recent developments of EU law (notably, the Court of Justice of the European Union's (CJEU) recent judgment in eDate/Martinez and the on-going debate on the Rome II Regulation's extension to matters related to privacy and personality rights). The paper criticises the CJEU's judicial practice on jurisdiction and applicable law and submits detailed proposals.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/JPRIVINTL.8.2.251

Publication date: August 1, 2012

More about this publication?
  • Hart Publishing launched the Journal of Private International Law (J. Priv. Int. L.) in spring 2005. The journal covers all aspects of private international law, reflecting the role of the European Union and the Hague Conference on Private International Law in the making of private international law, in addition to the traditional role of domestic legal orders.
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