Conflict Of Laws As Taxonomy

Author : Frank Bates (LL. M.)
Publisher : Unknown
Page : 128 pages
File Size : 40,8 Mb
Release : 2015-06-23
Category : Conflict of laws
ISBN : 0409340286

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Conflict of Laws As Taxonomy by Frank Bates (LL. M.) Pdf

Conflict of Laws as Taxonomy: A New Approachoffers a unique analytical and doctrinal approach to the conflict of laws. Its purpose is to review and assess the traditionally accepted methodology and taxonomy used in the resolution of cross-jurisdictional matters and to suggest alternative ways in which such matters may be classified, with resulting practical application to the conduct of cross-border disputes. Format: Paperback The author of this text provides a fresh comparative approach towards key issues, as well as examining the various theories that have been devised to explain the ways in which different approaches have been justified. This comparative discussion highlights the strengths and weaknesses of particular jurisdictionsoÂeÂ(tm) treatment of the conflict of laws and uses this to develop an understanding of these differences. This is essential knowledge in preparing for the jurisprudential approach likely to be applied in those jurisdictions in overseas practice and litigation. Of particular relevance is the consideration of the divergence between courts in the United Kingdom (because of its membership of the EU), the United States (which has, for nearly 200 years pursued a more jurisprudential approach) and Australia. In the current environment of increasing globalisation, the book will be of great benefit to practitioners and litigators involved in cross-jurisdictional matters, while its scholarly and authoritative analysis will engage and inform researchers and students of conflict of laws, comparative law and jurisprudence. Features oÂeo Unique analytical and doctrinal approach to conflict of laws oÂeo Detailed comparative examination of the approaches across UK, US and Australian jurisdictions oÂeo Extensive review of case law Related LexisNexis Titles Davies, Bell & Brereton, NyghoÂeÂ(tm)s Conflict of Laws in Australia, 9th edition, 2014 Mortensen, Garnett & Keyes, Private International Law in Australia, 3rd edition, 2015

Author : Noam Zamir
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 53,6 Mb
Release : 2017-02-24
Category : Electronic
ISBN : 9781785367908

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Classification of Conflicts in International Humanitarian Law by Noam Zamir Pdf

Noam Zamir provides a thorough examination of the theoretical basis of classification of conflicts in international humanitarian law (IHL), with special focus on the legal impact of armed foreign intervention in civil wars. Classification of Conflicts in International Humanitarian Law enriches the discourse on IHL by providing an in-depth analysis of classification of conflicts and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen.

Author : R Mortensen; R Garnett; M Keyes
Publisher : Unknown
Page : 0 pages
File Size : 50,9 Mb
Release : 2023-01-28
Category : Electronic
ISBN : 0409355372

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Private International Law in Australia, 5th Edition by R Mortensen; R Garnett; M Keyes Pdf

The fifth edition of this highly regarded book provides a clear and comprehensive analysis of the principles of private international law and the methods by which such principles are applied to cross-border legal problems in Australia. Important recent developments in Australian private international law are discussed, together with legislative reforms and significant decisions, particularly of Australian courts. The fifth edition introduces chapters on the taking of evidence across state and national borders. The book provides an in-depth examination of the following subjects: * introduction to private international law * civil jurisdiction and judgments in international litigation * civil jurisdiction and judgments in Australia and New Zealand * taking of evidence for Australian and foreign court proceedings * applicable law method * international family law * applicable law for obligations * applicable law for property * international company law An understanding of the fundamental concepts in private international law is becoming increasingly important in legal practice, and the accessible style of this text makes it invaluable to both students and practitioners. Features * Detailed discussion of all key areas * Clear and accessible style * Comprehensive range of topics * Authoritative author team Related Titles * Bates, Conflict of Laws as Taxonomy: A New Approach, 2015 * Davies, Bell, Brereton & Douglas, Nygh's Conflict of Laws in Australia, 10th ed, 2019

Author : Kubo Macak
Publisher : Oxford University Press
Page : 304 pages
File Size : 40,9 Mb
Release : 2018-07-12
Category : Law
ISBN : 9780192551788

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Internationalized Armed Conflicts in International Law by Kubo Macak Pdf

This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

Author : Elizabeth Wilmshurst
Publisher : OUP Oxford
Page : 568 pages
File Size : 52,8 Mb
Release : 2012-08-02
Category : Law
ISBN : 9780191632235

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International Law and the Classification of Conflicts by Elizabeth Wilmshurst Pdf

This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.

Author : Andrea Bonomi,Matthias Lehmann,Shaheeza Lalani
Publisher : BRILL
Page : 807 pages
File Size : 51,9 Mb
Release : 2023-11-13
Category : Law
ISBN : 9789004514850

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Blockchain and Private International Law by Andrea Bonomi,Matthias Lehmann,Shaheeza Lalani Pdf

The open access publication of this book has been published with the support of the Swiss National Science Foundation. Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to crypto-assets, cryptocurrencies, crypto derivatives, stablecoins, Central Bank Digital Currencies and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights, secured transactions, smart contracts and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH) UNIDROIT.

Author : Nigel D. White,Christian Henderson
Publisher : Edward Elgar Publishing
Page : 699 pages
File Size : 48,7 Mb
Release : 2013-01-01
Category : Political Science
ISBN : 9781849808576

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Research Handbook on International Conflict and Security Law by Nigel D. White,Christian Henderson Pdf

ÔFeaturing some of the fieldÕs most expert thinkers, this is an adroitly constructed volume of essays in Òconflict and security lawÓ. The writing here offers a distillation of the major legal projects in the area while dissolving some of international lawÕs most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).Õ Ð Gerry Simpson, University of Melbourne, Australia ÔA most important and timely collection of essays that places the established international rules in their modern and challenging of context.Õ Ð Philippe Sands QC, University College London, UK ÔEvents of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.Õ Ð James Crawford, University of Cambridge, UK This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defence, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.

Author : Valentin Jeutner
Publisher : Oxford University Press
Page : 209 pages
File Size : 46,7 Mb
Release : 2017
Category : Law
ISBN : 9780198808374

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Irresolvable Norm Conflicts in International Law by Valentin Jeutner Pdf

Based on doctoral thesis, University of Cambridge, 2015. --Page vii.

Author : Richard Garnett
Publisher : OUP Oxford
Page : 496 pages
File Size : 42,8 Mb
Release : 2012-03-08
Category : Law
ISBN : 9780191629365

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Substance and Procedure in Private International Law by Richard Garnett Pdf

When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.

Author : Michael J. Whincop,Mary Keyes,Richard A. Posner
Publisher : Routledge
Page : 246 pages
File Size : 43,7 Mb
Release : 2018-02-06
Category : Law
ISBN : 9781351787284

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Policy and Pragmatism in the Conflict of Laws by Michael J. Whincop,Mary Keyes,Richard A. Posner Pdf

This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.

Author : Ben Saul,Dapo Akande
Publisher : Oxford University Press
Page : 481 pages
File Size : 43,6 Mb
Release : 2020-05-07
Category : Law
ISBN : 9780192597496

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The Oxford Guide to International Humanitarian Law by Ben Saul,Dapo Akande Pdf

International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.

Author : Nikitas Hatzimihail
Publisher : Cambridge University Press
Page : 643 pages
File Size : 50,5 Mb
Release : 2021-07-22
Category : History
ISBN : 9780521863025

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Preclassical Conflict of Laws by Nikitas Hatzimihail Pdf

Showcases a novel method for approaching private international law combining theoretical insight, textual analysis and historical context.

Author : Philip R. Wood
Publisher : Sweet & Maxwell
Page : 716 pages
File Size : 53,5 Mb
Release : 2007
Category : Business & Economics
ISBN : 9781847032072

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Conflict of Laws and International Finance by Philip R. Wood Pdf

The book is an exposition of 100 of the major cases, which have either created or illustrate well, the legal system as we know it today. The cases have been chosen primarily for illustrating important points of law in a large variety of legal disciplines

Author : Abla J. Mayss
Publisher : Routledge
Page : 464 pages
File Size : 48,9 Mb
Release : 1999
Category : Law
ISBN : 9781859414606

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Principles of Conflict of Laws by Abla J. Mayss Pdf

This text provides a comprehensive analysis of the conflict of laws as applicable in English law. It seeks to introduce the subject to students by examining preliminary topics, such as when the rules come into play, the need for application, classification and connecting factors. It includes coverage of the rules on jurisdiction, choice of law in relation to contract, tort, property and damages; and full commentary on the law of domicile, family law and recognition and enforcement of judgments. English rules on conflict laws have undergone a number of important changes since the first edition and are reflected here. Changes include an extra chapter on foreign currency as well as an extended section in the chapter on choice of law in tort, in order to incorporate the changes brought about by Parts I and III of the Private International Law (Miscellaneous Provisions) Act 1995.

Author : Library of Congress. Subject Cataloging Division
Publisher : Unknown
Page : 1328 pages
File Size : 53,6 Mb
Release : 1980
Category : Subject headings
ISBN : NWU:35556011334703

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Library of Congress Subject Headings by Library of Congress. Subject Cataloging Division Pdf