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This book provides a much-needed analysis of this very important subject for international business lawyers,including discussion of the jurisdictional and choice of laws issues arising from cross-border contracts of insurance and reinsurance concluded by electronic means. This book is the first published in England to devote itself to a detailed analysis of the choice of laws rules in the E.C. Insurance Directives. It is aimed at academics and practitioners, at private international lawyers and at insurance lawyers. The private international law rules of the E.C. Insurance Directives deal with the applicable law to insurance contracts covering risks situated within the EU. They do not deal with the applicable law to reinsurance contracts and insurance contracts covering risks situated outside the EU. This should be ascertained by reference to the choice of laws provisions in the 1980 Rome Convention on the law applicable to contractual obligations. Detailed discussion of these rules is also provided, and proposals for reform suggested.
This volume examines the impact of and interplay between human rights and insurance. National, supranational and international legal instruments regulating the taking-up and pursuit of the business of insurance and reinsurance, (re)insurance distribution and the insurance contract often refer to or impact on human or fundamental rights. Courts are often faced with the sometimes seemingly impossible task of reconciling insurance core principles, practices and mind-sets with the principles and values stemming from human rights protection. In some cases, such as that of discrimination in insurance, this discussion has been going on for decades. Some deal with hot topics which have more recently emerged in light of developments stemming from technologic innovations (‘InsurTech’). The first part of the book focuses on insurance and the right to equal treatment. Discrimination on the basis of factors such as gender or age is tackled, from the perspectives of the European Union, Canada and South Africa. The second part of the book highlights the very relevant role played by insurance in the upholding of the right to health, covering the United States of America, Africa and Brazil. The third part of the book explores InsurTech's manifold challenges upon the right to privacy, focusing on European Union. The fourth part tackles the threat posed by insurance on the right to life in general, but with a particular focus on the United Kingdom. Written by legal scholars and practitioners, the book offers international, comparative and regional or national perspectives, aiming to contribute to a more thorough and systematic understanding of the interactions between these two very different fields of law, providing the industry as well as the scientific community with insights from both sides of this seemingly difficult to transpose divide.
This text comprises issues discussed at a colloquium on international insurance law, held on 23-24 May 1991 in Florence (Italy) at the European University Institute. One of its central themes concerns the tensions between the generally accepted theoretical tenets of private international law and the perspective of the E.C. legal order. Other issues discussed include: The EC Treaty International Insurance Contract Laws within the EC Party Autonomy in International Insurance Contract Law Article 59 EEC-Treaty and its Implications for Conflicts Law in the field of Insurance Contracts Implementation of the Second Directive on Choice of Law Mandatory Rules Governing Insurance Contracts and Private International Law The Law Applicable to Compulsory Insurance and Life Assurance The Evolution of Community Law on Services, with Special Reference to Financial Services and Consumer Protection Observation from a Third Country on the Development of International Insurance Contract Law within the EC Synopsis of the Colloquy and Prospects for International Insurance Contract Legislation within the EC Discussion Reports