All Outputs (10)

Vulnerability and Private International Law: Mapping a Normative Approach Towards Asymmetrical Substantive Equality (2024)
Book Chapter
Gillies, L. (2024). Vulnerability and Private International Law: Mapping a Normative Approach Towards Asymmetrical Substantive Equality. In J. Borg-Barthet, K. Trimmings, B. Yüksel Ripley, & P. Živkovic (Eds.), From Theory to Practice in Private International Law: Gedächtnisschrift for Professor Jonathan Fitchen. London: Bloomsbury Publishing

The first two decades of this century have already witnessed an increasing range of inequalities between individuals across borders. These inequalities are socio-legal or socio-economic challenges which manifest as vulnerability. Operating at the le... Read More about Vulnerability and Private International Law: Mapping a Normative Approach Towards Asymmetrical Substantive Equality.

Cross-border enforcement of consumer law: Looking to the future (2022)
Report
Riefa, C. (2022). Cross-border enforcement of consumer law: Looking to the future. UK: UNCTAD

Appropriate adjustments post Brexit: residual jurisdiction and forum non conveniens in UK courts (2020)
Journal Article
Gillies, L. (2020). Appropriate adjustments post Brexit: residual jurisdiction and forum non conveniens in UK courts. Journal of Business Law, 20(3), 161-183

International jurisdiction is fundamental to the effective resolution of cross border disputes. Brexit invites focus on the scope and function of the UK’s future approach to residual jurisdiction. These rules reflect national values whilst managing t... Read More about Appropriate adjustments post Brexit: residual jurisdiction and forum non conveniens in UK courts.

Affirming free movement of services and the scope of international jurisdiction of a cross-border consumer credit agreement: C-630/17 Milivojevic v Raiffeisenbank St Stefan-Jagerberg-Wolfsberg eGen (2019)
Journal Article
Gillies, L. (2019). Affirming free movement of services and the scope of international jurisdiction of a cross-border consumer credit agreement: C-630/17 Milivojevic v Raiffeisenbank St Stefan-Jagerberg-Wolfsberg eGen. Journal of European Consumer and Market Law, 8(5), 202-204

At the heart of the recent CJEU case C-630/17 Milivojevic v Raiffeisenbank St Stefan-Jagerberg-Wolfsberg eGen, was the principle of free movement of services (Article 56) and shared competence in consumer protection law between the EU and Member Stat... Read More about Affirming free movement of services and the scope of international jurisdiction of a cross-border consumer credit agreement: C-630/17 Milivojevic v Raiffeisenbank St Stefan-Jagerberg-Wolfsberg eGen.

Realizing the objectives of public international environmental law through private contracts: the need for a dialogue with private international law scholars (2018)
Book Chapter
Morgera, E., & Gillies, L. (2018). Realizing the objectives of public international environmental law through private contracts: the need for a dialogue with private international law scholars. In V. Ruiz Abou-Nigm, K. McCall-Smith, & D. French (Eds.), Linkages and Boundaries in Public and Private International Law (175-198). London: Hart: Bloomsbury. https://doi.org/10.5040/9781509918652.ch-008

This chapter maps little-studied interactions between public and private international law by comparing experiences in using private contracts to specify the meaning of international environmental treaty objectives that relate to equity (namely, fair... Read More about Realizing the objectives of public international environmental law through private contracts: the need for a dialogue with private international law scholars.

The Legal Challenges of Social Media (2017)
Book
Mangan, D., & Gillies, L. E. (Eds.). (2017). The Legal Challenges of Social Media. Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781785364518.00027

Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate... Read More about The Legal Challenges of Social Media.

Getting the balance right: human rights in residual jurisdiction rules of English courts for cross-border torts via social media (2017)
Book Chapter
Gillies, L. E. (2017). Getting the balance right: human rights in residual jurisdiction rules of English courts for cross-border torts via social media. In L. E. Gillies, & D. Mangan (Eds.), The Legal Challenges of Social Media (249-269). Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781785364518.00027

This chapter elects as its focus the need to balance human rights in English residual jurisdiction rules for cross-border torts via social media. Private international law applies a pluralist, pragmatic approach in supporting both the rights and inte... Read More about Getting the balance right: human rights in residual jurisdiction rules of English courts for cross-border torts via social media.

Recent developments in the approximation of EU private international laws: towards mutual trust, mutual recognition and enhancing social justice in civil and commercial matters (2016)
Book Chapter
Gillies, L. (2016). Recent developments in the approximation of EU private international laws: towards mutual trust, mutual recognition and enhancing social justice in civil and commercial matters. In C. Twigg-Flesner (Ed.), Research Handbook on EU Consumer and Contract Law (159-181). Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781782547372

"The growing visibility of the social-policy provisions [in the Treaty] requires the definition of the notion of rights and principles and their implications for private parties." The last 15 years have witnessed the development of a particular set... Read More about Recent developments in the approximation of EU private international laws: towards mutual trust, mutual recognition and enhancing social justice in civil and commercial matters.

The contribution of jurisdiction as a technique of demand side regulation in claims for the recovery of cultural objects (2015)
Journal Article
Gillies, L. (2015). The contribution of jurisdiction as a technique of demand side regulation in claims for the recovery of cultural objects. Journal of Private International Law, 11(2), 295-316. https://doi.org/10.1080/17441048.2015.1068003

This article considers the role of jurisdiction in supporting private claims for the cross-border recovery of cultural objects from an EU member state. In particular, this article considers a new, “sui generis” special jurisdiction rule in Article 7(... Read More about The contribution of jurisdiction as a technique of demand side regulation in claims for the recovery of cultural objects.

Fundamental rights and judicial cooperation in the decisions of the Court of Justice on the Brussels I Regulation 2009-2014: the story so far (2015)
Book Chapter
Gillies, L. (2015). Fundamental rights and judicial cooperation in the decisions of the Court of Justice on the Brussels I Regulation 2009-2014: the story so far. In S. Morano-Foadi, & L. Vickers (Eds.), Fundamental Rights in the EU: A Matter for Two Courts (211-229). Oxford: Hart

“…as from the date of entry into force of the Treaty of Lisbon, 1 December 2009, the fundamental principles of EU law and the EU system of judicial protection such as primacy, direct application, direct effect and interpretation in conformity, have b... Read More about Fundamental rights and judicial cooperation in the decisions of the Court of Justice on the Brussels I Regulation 2009-2014: the story so far.