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Author : Verónica Ruiz Abou-Nigm,Kasey McCall-Smith,Duncan French
Publisher : Unknown
Page : 128 pages
File Size : 44,6 Mb
Release : 2018
Category : Conflict of laws
ISBN : 1509918655
Author : Poomintr Sooksripaisarnkit,Dharmita Prasad
Publisher : Springer Nature
Page : 287 pages
File Size : 42,8 Mb
Release : 2022-02-23
Category : Law
ISBN : 9789811684807
This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes—Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.
Author : Veronica Ruiz Abou-Nigm,Kasey McCall-Smith,Duncan French
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 46,7 Mb
Release : 2018-07-26
Category : Law
ISBN : 9781509918645
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.
Author : Jean-Sylvestre Bergé,Stéphanie Francq,Miguel Gardeñes Santiago
Publisher : Emile Bruylant
Page : 718 pages
File Size : 53,5 Mb
Release : 2015
Category : Conflict of laws
ISBN : 2802746979
L’existence d’un droit international privé européen n’est plus à démontrer. Les développements considérables auxquels il donne lieu aujourd’hui soulèvent la question de ses frontières. Où commence et où s’arrête le DIP européen ?
Author : Franco Ferrari,Diego P. Fernández Arroyo
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 50,9 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781789906905
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.
Author : Helmut Philipp Aust,Thomas Kleinlein
Publisher : Cambridge University Press
Page : 417 pages
File Size : 42,6 Mb
Release : 2021-06-03
Category : Law
ISBN : 9781108837743
A fresh look at the bridges and boundaries between foreign relations law and public international law.
Author : Veronica Ruiz Abou-Nigm
Publisher : Edinburgh University Press
Page : 416 pages
File Size : 46,5 Mb
Release : 2019-08-21
Category : Law
ISBN : 9781474447874
Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.
Author : Serena Forlati,Pietro Franzina
Publisher : BRILL
Page : 219 pages
File Size : 45,9 Mb
Release : 2020-10-12
Category : Law
ISBN : 9789004408579
In Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.
Author : Yuliya Chernykh
Publisher : BRILL
Page : 629 pages
File Size : 50,7 Mb
Release : 2022-01-17
Category : Law
ISBN : 9789004414709
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Author : Justin Borg-Barthet,Katarina Trimmings,Burcu Yüksel Ripley,Patricia Zivkovic
Publisher : Bloomsbury Publishing
Page : 271 pages
File Size : 40,6 Mb
Release : 2024-02-22
Category : Law
ISBN : 9781509956654
This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world to address a wide spectrum of subject matter in the discipline. It offers substantial new insights into our understanding of private international law from theory to practice. The contributions in the book analyse a variety of conceptual and substantive problems in private international law and consider current developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across a range of longstanding issues on which there is insufficient scholarly analysis. These include contemporary problems of great political importance, such as environmental protection, gender-based discrimination, asymmetries of private power, and the proper delineation of public and private intervention. The authors also address emerging problems in commercial law, such as cryptocurrencies, longstanding definitional concerns in family law, and broader emerging systemic concerns, such as the treatment of authentic instruments and the place of human rights protection in global supply chains. The book is a valuable resource for the judiciary, legal practitioners, policy makers, and scholars and students of private international law.
Author : Edward S. Cohen
Publisher : Routledge
Page : 189 pages
File Size : 49,7 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781000554205
Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.
Author : Stephen Allen,Daniel Costelloe,Malgosia Fitzmaurice,Paul Gragl,Edward Guntrip
Publisher : Oxford University Press
Page : 700 pages
File Size : 45,6 Mb
Release : 2019-09-17
Category : Law
ISBN : 9780191089374
The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.
Author : Giovanni Distefano
Publisher : BRILL
Page : 991 pages
File Size : 44,8 Mb
Release : 2019-05-07
Category : Law
ISBN : 9789004396692
Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions.
Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 52,5 Mb
Release : 2020-08-12
Category : Law
ISBN : 9789403520018
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Author : Sarah McKibbin,Anthony Kennedy
Publisher : Bloomsbury Publishing
Page : 293 pages
File Size : 45,7 Mb
Release : 2023-05-04
Category : Law
ISBN : 9781509954285
This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The 'unusual factual situations' of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada, Ireland and South Africa.
