The Power of Injunctive Relief in Tort: An Introduction
| DOI | 10.1177/1023263X1001700101 |
| Author | Willem Van Boom,Ivo Giesen |
| Published date | 01 March 2010 |
| Date | 01 March 2010 |
| Subject Matter | Editorial |
2 17 MJ 1 (2010)
edItoR IAL
the PoWeR of InjUnCtIve ReLIef
In toRt: An IntRodUCtIon
W B, I G and A O
Guest editors*
INTRODUCTION: COMBINING TWO STRANDS OF IUS
COMMUNE RESEARCH
On November 27th, 2009, the ‘L iability & Insurance’ a nd the ‘Procedural Law’ rese arch
programs of the Ius Commune Research School co-organized a joint workshop on ‘e
Power of Injunctive Relief in Tort’, as part of the yearly Ius Com mune Conference 2009,
held in Maastr icht, e Netherlands. In some legal systems the topic of injunctive relief
is treated a s a theme stemmi ng from and belonging to the area of procedural law, even
though it has very important ramications for many substantive areas within private law,
not least for tort law (the law of delict). Considering that inuence, the topic of injunctive
relief might, however, just as well be considered to be part and parcel of substantive tort law
(or of any other part of substantive private law th at it inuences). us seen, injunctions
are no longer ‘merely’ procedura l in cha racter; they are of ‘substa ntive’ importance as
well. Given this state of aa irs, the organizers of the aforementioned workshop and now
guest editors of this special issue of the Maastricht Journal of European and Comparative
Law thought it wise to combine the two previously mentioned research programmes in
one workshop, anticipating that the merger of expertise from both areas of the law would
have added va lue. is special MJ issue presents t he adjusted and rev iewed papers that
were given during that workshop.
§1. WHY INJUNCTIVE RELIEF? TWO REASONS
e topic of the cu rrent special issue and the Ius Commun e workshop was selected as
such for two reasons: its dua l (and thus highly interesting) c haracter and nature, hinted
* Willem van Boom is Professor of Priv ate Law at Erasmus University Rotterdam, Ivo Giesen is Professor
of Private Law at Utre cht University, and Anthony Ogu s is Emeritu s Professor of Law at Ma nchester
University and Profe ssor of Fundamentals of P rivate Law at Erasmus Univers ity Rotterdam.
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