Adjudicatory Authority In Private International Law

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Adjudicatory Authority in Private International Law

Arthur Taylor Von Mehren,Eckart Gottschalk
Adjudicatory Authority in Private International Law Book PDF

Author : Arthur Taylor Von Mehren,Eckart Gottschalk
Publisher : Brill Nijhoff
Page : 0 pages
File Size : 54,6 Mb
Release : 2007
Category : Administrative procedure
ISBN : 9004158812

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Adjudicatory Authority in Private International Law by Arthur Taylor Von Mehren,Eckart Gottschalk Pdf

This book is a revised and expanded version of the General Course delivered by the author at the Hague Academy of International Law. It contains three parts that discuss theory and practice of adjudicatory authority in private international law in comparative perspective focusing on the United States, Germany and the European Union. The first part examines the foundations and emergence of jurisdictional theory elaborating on the types of adjudicatory authority and the design of jurisdictional provisions. Part two covers basic themes and pervasive issues reflecting, inter alia, on the actor sequitor forum rei principle, choice of forum agreements, forum non conveniens, antisuit injunctions and the lis pendens doctrine. The last part explores the role of international instruments for achieving convergence and harmonization. It analyzes the design of judgments conventions and in particular the efforts of the Hague Conference on Private International Law to foster worldwide harmonization. The volume was completed with the assistance of Dr. Eckart Gottschalk. Dr. Gottschalk is an Associate with CMS Hasche Sigle in Hamburg specializing on corporate law. Before he started practicing, he served as a Joseph Story Research Fellow at Harvard Law School, 2005-2006.

Global Private International Law

Horatia Muir Watt,,Lucia Bíziková,Agatha Brandão de Oliveira,Diego P. Fernandez Arroyo
Global Private International Law Book PDF

Author : Horatia Muir Watt,,Lucia Bíziková,Agatha Brandão de Oliveira,Diego P. Fernandez Arroyo
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 40,5 Mb
Release : 2024-06-29
Category : Electronic
ISBN : 9781788119238

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Global Private International Law by Horatia Muir Watt,,Lucia Bíziková,Agatha Brandão de Oliveira,Diego P. Fernandez Arroyo Pdf

Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.

Judging at the Interface

Esmé Shirlow
Judging at the Interface Book PDF

Author : Esmé Shirlow
Publisher : Cambridge University Press
Page : 381 pages
File Size : 49,6 Mb
Release : 2021-02-18
Category : Law
ISBN : 9781108490979

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Judging at the Interface by Esmé Shirlow Pdf

This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.

Private International Law

Franco Ferrari,Diego P. Fernández Arroyo
Private International Law Book PDF

Author : Franco Ferrari,Diego P. Fernández Arroyo
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 52,8 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781789906905

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Private International Law by Franco Ferrari,Diego P. Fernández Arroyo Pdf

Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.

Conflict of Laws and the Internet

Pedro De Miguel Asensio
Conflict of Laws and the Internet Book PDF

Author : Pedro De Miguel Asensio
Publisher : Edward Elgar Publishing
Page : 561 pages
File Size : 48,7 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781035315130

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Conflict of Laws and the Internet by Pedro De Miguel Asensio Pdf

In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.

Private International Law and Global Governance

Horatia Muir Watt,Diego P. Fernández Arroyo
Private International Law and Global Governance Book PDF

Author : Horatia Muir Watt,Diego P. Fernández Arroyo
Publisher : OUP Oxford
Page : 350 pages
File Size : 49,8 Mb
Release : 2014-12-18
Category : Law
ISBN : 9780191043383

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Private International Law and Global Governance by Horatia Muir Watt,Diego P. Fernández Arroyo Pdf

Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.

When Private International Law Meets Intellectual Property Law

World Intellectual Property Organization
When Private International Law Meets Intellectual Property Law Book PDF

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 92 pages
File Size : 52,7 Mb
Release : 2019-10-15
Category : Law
ISBN : 9789280529135

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When Private International Law Meets Intellectual Property Law by World Intellectual Property Organization Pdf

Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.

Jurisdiction and Private International Law

Patrick J. Borchers
Jurisdiction and Private International Law Book PDF

Author : Patrick J. Borchers
Publisher : Unknown
Page : 0 pages
File Size : 52,8 Mb
Release : 2014
Category : Conflict of laws
ISBN : 1782544267

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Jurisdiction and Private International Law by Patrick J. Borchers Pdf

In an increasingly globalized and digitized world, transactions, communications and data flow freely across national borders. When lawsuits arise as a result of those trans-border events, the question of which court or courts have jurisdiction and can provide the appropriate forum becomes critical. This two-volume collection provides a survey of personal jurisdiction across both time and legal systems. It includes articles ranging from the early 20th century to present day and to the problems created by jurisdiction in cyberspace. It also examines the jurisdictional premises of major common law countries and those in the civilian tradition. With an original introduction by the editor, these comprehensive volumes will appeal to scholars and practitioners alike.

Yearbook of Private International Law

Petar Sarcevic,Paul Volken
Yearbook of Private International Law Book PDF

Author : Petar Sarcevic,Paul Volken
Publisher : sellier. european law publ.
Page : 429 pages
File Size : 52,6 Mb
Release : 2004-06-30
Category : Conflict of laws
ISBN : 9783935808453

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Yearbook of Private International Law by Petar Sarcevic,Paul Volken Pdf

From 2005 on the Yearbook of Private International Law is published by S.ELP in cooperation with the Swiss Institute of Comparative Law. This English-language annual publication provides analysis and information on private international law developments world-wide. The Editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, The Hague Academy, UNCITRAL and UNIDROIT. The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners.

Freezing Injunctions in Private International Law

Filip Šaranović
Freezing Injunctions in Private International Law Book PDF

Author : Filip Šaranović
Publisher : Cambridge University Press
Page : 277 pages
File Size : 47,5 Mb
Release : 2022-10-27
Category : Law
ISBN : 9781316511909

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Freezing Injunctions in Private International Law by Filip Šaranović Pdf

Based on author's thesis (doctoral - University of Cambridge, 2017) issued under title: Private international law aspects of freezing injunctions.

Private International Law, Art and Cultural Heritage

Christa Roodt
Private International Law Art and Cultural Heritage Book PDF

Author : Christa Roodt
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 52,5 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781781002162

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Private International Law, Art and Cultural Heritage by Christa Roodt Pdf

In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the co

Recueil Des Cours, Collected Courses, Volume 295 (2002)

Arthur Taylor Von Mehren,Academie de Droit International de la Haye
Recueil Des Cours Collected Courses Volume 295 2002 Book PDF

Author : Arthur Taylor Von Mehren,Academie de Droit International de la Haye
Publisher : Martinus Nijhoff Publishers
Page : 440 pages
File Size : 53,9 Mb
Release : 2003-06
Category : Law
ISBN : 9041118578

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Recueil Des Cours, Collected Courses, Volume 295 (2002) by Arthur Taylor Von Mehren,Academie de Droit International de la Haye Pdf

The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" To access the abstract texts for this volume please click here

Rethinking Judicial Jurisdiction in Private International Law

Milana Karayanidi
Rethinking Judicial Jurisdiction in Private International Law Book PDF

Author : Milana Karayanidi
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 53,5 Mb
Release : 2020-02-20
Category : Law
ISBN : 9781509924790

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Rethinking Judicial Jurisdiction in Private International Law by Milana Karayanidi Pdf

This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests. The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.

Jurisdiction in International Law

Cedric Ryngaert
Jurisdiction in International Law Book PDF

Author : Cedric Ryngaert
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 51,8 Mb
Release : 2015
Category : Law
ISBN : 9780199688517

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Jurisdiction in International Law by Cedric Ryngaert Pdf

This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

General Principles of Law and International Due Process

Charles T. Kotuby,Luke A. Sobota
General Principles of Law and International Due Process Book PDF

Author : Charles T. Kotuby,Luke A. Sobota
Publisher : Oxford University Press
Page : 305 pages
File Size : 42,6 Mb
Release : 2017
Category : Law
ISBN : 9780190642709

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General Principles of Law and International Due Process by Charles T. Kotuby,Luke A. Sobota Pdf

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.