Intercontinental Cooperation Through Private International Law

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Intercontinental Cooperation Through Private International Law

Talia Einhorn,Kurt Siehr
Intercontinental Cooperation Through Private International Law Book PDF

Author : Talia Einhorn,Kurt Siehr
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 50,6 Mb
Release : 2004
Category : Law
ISBN : 9067044156

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Intercontinental Cooperation Through Private International Law by Talia Einhorn,Kurt Siehr Pdf

Dedicated to the memory of Peter E. Nygh (1933–2002), this book contains thirty original contributions authored by prominent private international law lawyers from all over the globe. Their themes include private international law, international litigation, arbitration, uniform law and European legal integration. Their treatises and approaches vary from thematic, in-depth studies to studies of a comparative nature. Born in Hamburg, Germany, and raised in the Netherlands and in Australia where his academic career started, Peter Nygh was one of the few scholars with an excellent knowledge of both the common law and civil law legal systems and an in-depth understanding of their differences and similarities. He was an indispensable member, promoter and leader in the International Law Association and the Hague Conference on Private International Law. Most of these papers are based on supranational experiences and aim to continue a comparative law-based analysis of problems so well applied by Nygh. Specific to this book: • Written in memory of Peter E. Nygh, a leading light in International Law • Examines the Hague Convention in a number of different ways, including its position on recognition and enforcement of foreign judgements and its view on Indirectly Held Securities • Features one chapter in French

Intercontinental Cooperation Through Private International Law

Talia Einhorn,Kurt Siehr
Intercontinental Cooperation Through Private International Law Book PDF

Author : Talia Einhorn,Kurt Siehr
Publisher : T.M.C. Asser Press
Page : 532 pages
File Size : 50,5 Mb
Release : 2004-10-21
Category : Law
ISBN : 9067041785

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Intercontinental Cooperation Through Private International Law by Talia Einhorn,Kurt Siehr Pdf

Dedicated to the memory of Peter E. Nygh (1933–2002), this book contains thirty original contributions authored by prominent private international law lawyers from all over the globe. Their themes include private international law, international litigation, arbitration, uniform law and European legal integration. Their treatises and approaches vary from thematic, in-depth studies to studies of a comparative nature. Born in Hamburg, Germany, and raised in the Netherlands and in Australia where his academic career started, Peter Nygh was one of the few scholars with excellent knowledge of both the common law and civil law legal systems and an in-depth understanding of their differences and similarities. He was an indispensable member, promoter and leader in the International Law Association and the Hague Conference on Private International Law. Most of these papers are based on supranational experiences and aim to continue a comparative law-based analysis of problems so well applied by Nygh.

American Private International Law

Symeon Symeonides
American Private International Law Book PDF

Author : Symeon Symeonides
Publisher : Kluwer Law International B.V.
Page : 372 pages
File Size : 50,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127426

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American Private International Law by Symeon Symeonides Pdf

This book was originally published as a monograph in the International Encyclopaedia of Laws/Private International Law.

Imperativeness in Private International Law

Giovanni Zarra
Imperativeness in Private International Law Book PDF

Author : Giovanni Zarra
Publisher : Springer Nature
Page : 261 pages
File Size : 40,5 Mb
Release : 2022-01-27
Category : Law
ISBN : 9789462654990

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Imperativeness in Private International Law by Giovanni Zarra Pdf

This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

Cases and Materials on EU Private International Law

Stefania Bariatti
Cases and Materials on EU Private International Law Book PDF

Author : Stefania Bariatti
Publisher : Bloomsbury Publishing
Page : 1370 pages
File Size : 46,9 Mb
Release : 2011-04-13
Category : Law
ISBN : 9781847316424

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Cases and Materials on EU Private International Law by Stefania Bariatti Pdf

Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments. This title is included in Bloomsbury Professional's International Arbitration online service.

Maintenance and Child Support in Private International Law

Lara Walker
Maintenance and Child Support in Private International Law Book PDF

Author : Lara Walker
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 54,9 Mb
Release : 2015-02-19
Category : Law
ISBN : 9781509903566

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Maintenance and Child Support in Private International Law by Lara Walker Pdf

No one would dispute that the duty to provide for those that you have a legal and moral obligation to support is very important. With the movement and migration of people both within Europe and globally, there are more and more families and relations who live in different States. Therefore it is imperative that suitable and workable methods exist to create maintenance obligations and then secure the transfer of funds, particularly from abroad. In the book the provisions in EU Maintenance Regulation no 4/2009 and the Hague Maintenance Convention of 2007 are analysed in order to discover what developments and therefore potential improvements have been made in relation to the recovery of maintenance from abroad. The book also includes an empirical study on the first year of operation of the Maintenance Regulation. Data collected has been analysed in order to supplement the critique of the instruments. The information and analysis is used to suggest suitable solutions for the future, which include amendments to the Regulation and recommendations for best practice.

EU Law and Private International Law

Jan-Jaap Kuipers
EU Law and Private International Law Book PDF

Author : Jan-Jaap Kuipers
Publisher : Martinus Nijhoff Publishers
Page : 384 pages
File Size : 47,7 Mb
Release : 2011-11-25
Category : History
ISBN : 9789004206731

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EU Law and Private International Law by Jan-Jaap Kuipers Pdf

European Union Law and Private International Law both attempt to resolve a conflict of laws. There is however a certain tension between the two disciplines. The present book proposes suggestions to enhance their mutual understanding.

Private International Law

Symeon C. Symeonides
Private International Law Book PDF

Author : Symeon C. Symeonides
Publisher : BRILL
Page : 502 pages
File Size : 53,5 Mb
Release : 2021-11-08
Category : Law
ISBN : 9789004503915

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Private International Law by Symeon C. Symeonides Pdf

This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.

The Confluence of Public and Private International Law

Alex Mills
The Confluence of Public and Private International Law Book PDF

Author : Alex Mills
Publisher : Cambridge University Press
Page : 463 pages
File Size : 54,5 Mb
Release : 2009-07-02
Category : Law
ISBN : 9781139479738

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The Confluence of Public and Private International Law by Alex Mills Pdf

A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.

Yearbook of Private International Law

Andrea Bonomi,Paul Volken
Yearbook of Private International Law Book PDF

Author : Andrea Bonomi,Paul Volken
Publisher : sellier. european law publ.
Page : 760 pages
File Size : 55,6 Mb
Release : 2009-04-17
Category : Law
ISBN : 9783866531147

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Yearbook of Private International Law by Andrea Bonomi,Paul Volken Pdf

This is a very special volume of the Yearbook of Private International Law as it represents the celebration of the tenth anniversary of its first publication. It continues to provide interesting information on the future evolution in private international law. Contents includes: The New Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments of 30 October 2007 . Commercial Agents under European Jurisdiction Rules . Grunkin-Paul and Beyond - A Seminal Case in the Field of International Family Law . The New Rome I / Rome II / Brussels I-Synergy . Rome I and Contracts on Intellectual Property . Rome I and Distribution Contracts . Rome I and Franchise Contracts . Rome I and Financial Market Contracts . Special Section on Maintenance Obligations.

Yearbook of Private International Law

P. Sarcevic
Yearbook of Private International Law Book PDF

Author : P. Sarcevic
Publisher : sellier. european law publ.
Page : 451 pages
File Size : 48,9 Mb
Release : 2006-06-30
Category : Conflict of laws
ISBN : 9783935808606

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Yearbook of Private International Law by P. Sarcevic Pdf

The Yearbook of Private International Law is published by Sellier. ELP in cooperation with the Swiss Institute of Comparative Law. This 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, the United Nations Commission on International Trade Law (UNCITRAL), and the International Institute for the Unification of Private Law (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. Volume VII includes various topics, such as: Hague Convention of 30 June 2005 on Choice of Court Agreements -- General Problems of Private International Law in Modern Codifications-De Lege Lata and De Lege Europea Ferenda -- Maintenance in Private International Law in the United States -- What's New In Latin American Private International Law? -- International Subcontracting in EC Private International Law -- Recognition of Foreign Insolvency Proceedings -- National Reports from South Africa, Ukraine, Brazil, and Italy -- Case Law, Texts, Materials, and Recent Developments

Linkages and Boundaries in Private and Public International Law

Veronica Ruiz Abou-Nigm,Kasey McCall-Smith,Duncan French
Linkages and Boundaries in Private and Public International Law Book PDF

Author : Veronica Ruiz Abou-Nigm,Kasey McCall-Smith,Duncan French
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 41,8 Mb
Release : 2018-07-26
Category : Law
ISBN : 9781509918645

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Linkages and Boundaries in Private and Public International Law by Veronica Ruiz Abou-Nigm,Kasey McCall-Smith,Duncan French Pdf

Do private and public international law coincide in their underlying objectives when it comes to their respective contribution to the realisation of global values? How do they work together towards the consistency and efficiency of the international legal order? This edited collection sets out a vision: to serve modern society, the international legal order cannot be defined as public or private. Linkages and Boundaries focuses on the interface between private and public international law and the synergies that a joint approach brings to topical issues, such as corporate social responsibility and environmental law, as well as foundational concepts such as international jurisdiction, state sovereignty and party autonomy. The book showcases the dynamic interaction between the two disciplines, with a view to contribute to a dialogue that is still only in the early stages of delivering its full potential. The collection explores ways to deepen the dialogue between these two distinct but interrelated disciplines, with a view to further their progression towards a more integrated and holistic approach to legal problems that require an international approach. The book brings together well-known experts and new voices from both disciplines and from a wide range of jurisdictions in Europe, North America and South America.

The Hague Judgments Convention and Commonwealth Model Law

Abubakri Yekini
The Hague Judgments Convention and Commonwealth Model Law Book PDF

Author : Abubakri Yekini
Publisher : Bloomsbury Publishing
Page : 291 pages
File Size : 53,8 Mb
Release : 2021-08-12
Category : Law
ISBN : 9781509947089

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The Hague Judgments Convention and Commonwealth Model Law by Abubakri Yekini Pdf

This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.

The Elgar Companion to the Hague Conference on Private International Law

Thomas John,Rishi Gulati,Ben Koehler
The Elgar Companion to the Hague Conference on Private International Law Book PDF

Author : Thomas John,Rishi Gulati,Ben Koehler
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 47,5 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781788976503

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The Elgar Companion to the Hague Conference on Private International Law by Thomas John,Rishi Gulati,Ben Koehler Pdf

This comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH). Written by international experts who have all directly or indirectly contributed to the work of the HCCH, this Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law.

The Impact of the European Convention on Human Rights on Private International Law

Louwrens R. Kiestra
The Impact of the European Convention on Human Rights on Private International Law Book PDF

Author : Louwrens R. Kiestra
Publisher : Springer
Page : 335 pages
File Size : 55,6 Mb
Release : 2014-09-11
Category : Law
ISBN : 9789462650329

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The Impact of the European Convention on Human Rights on Private International Law by Louwrens R. Kiestra Pdf

In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.