Principles Of The Conflict Of Laws National And International
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Principles of the Conflict of Laws National and International by K. Lipstein Pdf
The present volume reproduces with slight changes the course of lectures given at The Hague in 1972 under the title of "The General Principles of Private International Law". The substance of these lec tures has remained unaltered, but a number of insertions serve to cor rected some formal mistakes and misprints, added references to literature, some older, some more recent, without attempting to be exhaustive, and modified and supplemented the former exposition in two respects, where subsequent criticisms called for a review. The first concerns the place of public policy in Public International Law, the second deals with spatially-
Principles of the Conflict of Laws by Kurt Lipstein Pdf
This book is a revised updated version of the General Course of Lectures on Private International Law delivered at the Hague Academy of International Law in 1990. The overall purpose is to examine the development & reform of choice of law rules in a number of common law jurisdictions. Much has been written about the 'Revolution' in conflict of laws in the U.S.A.; rather less account, however, has been taken of the major changes elsewhere in the common law world. This work serves to provide a critical account of those developments over the past few decades. Some changes are more recent & of international origin, such as the European Community Rome Convention (1980) on the law applicable to contractual obligations or the Hague Conventions on Child Abduction (1980), on Marriage (1978) & on Succession (1988), & consideration is given to their impact on common law jurisdictions. The process of change is a continuous one & attention is also devoted to current proposals for reform in the fields, for example, of domicile & torts.
Principles of Conflict of Laws by Clyde Spillenger Pdf
This Concise Hornbook guides students through the complex concepts and principles underlying the law of domestic and international conflicts. The book will be an indispensable aid to students and practitioners seeking to better understand the basic principles of choice of law, recognition of judgments, and the law applied in federal courts, as well as more specific developments concerning conflicts in family law, cyberspace, and international transactions.
Private Law in the International Arena by Jürgen Basedow Pdf
Private Law in the International Arena analyzes a wide variety of effects that cross-border activities have on the operation of private law, ranging from corporate and insolvency law to labor law, property law, the law of obligations, family law, European law and lex mercatoria. Civil procedure aspects, in national courts and arbitration proceedings, are also explored. This book provides a unique source of insights into the problems encountered and their possible solutions. All contributions have been written in honor of an eminent Private International Law scholar, Prof. Dr Kurt Siehr.
Unifying and Harmonising Substantive Law and the Role of Conflict of Laws by Katharina Boele-Woelki Pdf
Also available as an e-book Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving this objective is, generally, hindered by conflict of law rules. The requirements which non-national law needs to fulfil in order to be accepted as the law governing a cross-border relationship deserve clarification. Not only uniform law, such as the CISG and the envisaged European substantive law instrument for the law of obligations, but, particularly, instruments which are aimed at harmonizing substantive law, challenge the established systems of conflict of laws. In seeking a positive approach towards the application of a law other than national law various aspects need to be considered: (1) is the decision taken by a court or an arbitral tribunal; (2) what field of law (contract/delict/tort or family relationships) is involved; and (3) the objective or subjective (choice by the parties) designation of the applicable law.
International Law and Armed Conflict by Laurie R. Blank,Gregory P. Noone Pdf
Experienced authors with over 45 years combined teaching and working in the field use fundamental principles and sources to instruct and guide discussion about the application of the law of armed conflict to contemporary and future questions. Students can gain a solid foundation in the law and develop the tools they need to analyze complex legal problems. International Law and Armed Conflict shows how the law informs operational and policy decision-making. Placing the law of armed conflict in context with related fields, such as human rights law and national security law, the text provides a complete framework for understanding legal paradigms during and after conflict. Innovative materials allow flexibility across a range of class scenarios, from a stand-alone course to part of a broader survey class. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles and autonomous weapons systems The conflict in Syria, including ISIS, genocide and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Professors and students will benefit from: Experienced authors with over 45 years combined teaching and working in the law of armed conflict field in the military, at think tanks, and in academia Use of the fundamental principles and sources of the law to inform discussions and questions about contemporary and future questions An approach that gives students a solid foundation in the law and the analytical tools they need to analyze complex legal situations and problems and to understand how the law informs and impacts operational and policy decision-making Context that ties together the law of armed conflict with other related fields, such as human rights law and national security law, to provide a complete framework for understanding the legal paradigm applicable during and after conflict Teaching materials include: Substantive and innovative tools and materials to teach this topic as a stand-alone class or as part of a broader class on a range of related topics A Teacher’s manual with additional sources, discussion points, and key background information, all designed for maximum use and flexibility in a range of class scenarios
Commentaries on the Conflict of Laws, Foreign and Domestic, in Regard to Contracts, Rights, and Remedies, and Especially in Regard to Marriages, Divorces, Wills, Successions, and Judgments by Joseph Story Pdf
"An Epoch in the Law" The first systematic work on the subject and an indisputable legal classic, Story's Commentaries on the Conflict of Laws synthesized the standard sources of the day, both Anglo-American and Continental, analyzed them with great skill and arranged them in an accessible manner. It was held in high respect in North America, Great Britain and Europe and went through eight editions. Joseph Story [1779-1845] became the youngest Associate Justice of the Supreme Court of the United States in 1811 and in 1829 was appointed the first Dane Professor of Law at Harvard Law School. An important educator who played a key role in the law school's development, he wrote several influential treatises, such as the landmark Commentaries on the Constitution (1833). ..". [i]t is not too much to say that its publication constituted an epoch in the law; for it became at once the standard and almost the sole authority...[it also] received the honor of being practically the first American law book to be cited as authority in English courts."--Charles Warren, A History of the American Bar 545 CONTENTS List of Authors cited List of Cases cited I. Introductory remarks II. General Maxims of International Jurisprudence III. National Domicil IV. Capacity of Persons V. Marriage VI. Marriage - Incidents to VII. Foreign Divorces VIII. Foreign Contracts IX. Personal Property X. Real Property XI. Wills and Testaments XII. Succession and Distribution XIII. Foreign Guardianships and Administrations XIV. Jurisdiction and Remedies XV. Foreign Judgments XVI. Penal Laws and Offences XVII. Evidence and Proofs Index
Monograph on the conflict of laws in private international law - covers the problem of classification, the doctrine of renvoi, general principles of jurisdiction, the meaning of legal status and marital status, marriage settlement, contracts, negotiable instruments, wills, trusts, bankruptcy, tort, procedure, the recognition and enforcement of foreign judgments, etc. References.
Intellectual Property in the Conflict of Laws by Schaafsma, Sierd J. Pdf
This comprehensive book provides a ground-breaking new explanation of the principle of national treatment in the Berne Convention and the Paris Convention and new insights into the history of the conflict-of-laws, aliens law and their relationship. Providing a full and detailed analysis of the existence and the interpretation of the conflict-of-law rule in these conventions, this book will be an important resource for legal scholars, specialized practitioners and policy-makers.
Conflict of Laws in International Arbitration by Franco Ferrari,Stefan Kröll Pdf
Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.
General Principles of Law - The Role of the Judiciary by Laura Pineschi Pdf
This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.
Author : Pedro De Miguel Asensio Publisher : Edward Elgar Publishing Page : 561 pages File Size : 44,6 Mb Release : 2024-05-02 Category : Law ISBN : 9781035315130
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.
Principles of International Law by Sean D. Murphy Pdf
This volume provides a comprehensive and up-to-date survey of public international law, with useful references throughout to classic and contemporary cases and scholarship. It is designed as a stand-alone text or as a complement to any of the major casebooks on the topic. The first section of the book addresses the fundamental history and structure of international law; the second section focuses on the interface of international law and national law; and the final section presents the treaties and rules that comprise the major fields of international law: human rights, law of the sea, international environmental law, and more. Features & Benefits
