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ABOUT THE BOOK

In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration?
The editors argue that because national categories are of little help in grasping the characteristics of a multi-level regulatory system, it is necessary to link three perspectives: private law, regulation and conflict of laws. This book explores this interaction in four distinct fields: product liability, environmental protection, public utilities and e-commerce. The results show that EPL is highly regulatory and that the implications of this change have not been adequately considered by institutions and by scholars.
The Regulatory Function of European Private Law will be of great interest to academics of law, as well as to private and public lawyers and European policymakers.

TABLE OF CONTENTS

PART I: UTILITIES
1. The Regulation of Services and the Public–Private Divide
Anthony Ogus

2. Regulatory Strategies on Services Contracts in EC Law
Hans-W. Micklitz

3. The Regulatory Function of Choice of Law Rules Applying to Contracts for Services in the European Union
Sandrine Clavel

PART II: ENVIRONMENTAL LAW
4. Regulatory Dilemmas in EC Environmental Law: The Ongoing Conflicts between Competitiveness and the Environment
Javier de Cendra de Larragán

5. Regulatory Strategies in Environmental Liability
Michael G. Faure

6. The Law Applicable to Violations of the Environment – Regulatory Strategies
Oliveira Boskovic

PART III: PRODUCT SAFETY
7. Product Safety, Private Standard-Setting and Information Networks
Fabrizio Cafaggi

8. Interaction between Product Liability and Regulation at the European Level
Gerald Spindler

9. Impact of the Mutual Recognition Principle on the Law Applicable to Products
Mathias Audit

PART IV: E-COMMERCE
10. E-commerce from a Private Law Perspective
Vincenzo Zeno-Zencovich

11. E-commerce from a Regulatory Perspective
Francesco Cardarelli

12. Re-allocating Horizontal and Vertical Regulatory Powers in the Electronic Marketplace: What to do with Private International Law
Sophie Stalla-Bourdillon

Index