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Author : Richard Frimpong Oppong
Publisher : Cambridge University Press
Page : 559 pages
File Size : 40,5 Mb
Release : 2013-09-12
Category : Law
ISBN : 9780521199698
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Author : Elsabe Schoeman,Christa Roodt,Marlene Wethmar-Lemmer
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 2014
Category : Conflict of laws
ISBN : 904115180X
The Authors. List of Abbreviations. General Introduction. Part I. General Principles (Choice-of-Law Technique). Chapter 1. Sources of PIL. Chapter 2. Connection. Chapter 3. Basic Terms. Part II. Rules of Choice of Law. Chapter 1. Persons. Chapter 2. Obligations. Chapter 3. Law of Property. Chapter 4. Intangible Property Rights. Chapter 5. Company Law. Chapter 6. Family Law. Chapter 7. Succession Law. Part III. Annex: International Civil Procedure (ICP). Chapter 1. Sources of ICP (National Law, International Conventions). Chapter 2. The Principle of Lex Fori. Chapter 3. National Jurisdiction. Chapter 4. International Jurisdiction. Chapter 5. Acceptability (Recognition) and Enforcement of Foreign Judgments. Selected Bibliography. Index.
Author : Richard Frimpong Oppong
Publisher : Unknown
Page : 0 pages
File Size : 41,9 Mb
Release : 2012
Category : Conflict of laws
ISBN : 9041139036
Derived from the renowned multi-volume International Encyclopaedia of Laws,this book provides ready access to the law applied to cases involving crossborder issues in Ghana. It offers every lawyer dealing with questionsof conflict of laws much-needed access to these conflict rules, presentedclearly and concisely by a local expert.Beginning with a general introduction, the monograph goes on to discuss thechoice of law technique, sources of private international law, and therelevant connection with other laws. Then follows clear description andanalysis of the rules of choice of law on natural and legal persons,contractual and non-contractual obligations, movable and immovable property,intangible property rights, company law, family law (marriage, cohabitation,registered partnerships, matrimonial property, maintenance, child law), andsuccession law (including testamentary dispositions). The presentationconcludes with an overview of relevant civil procedure, examining lex fori andissues of national and international jurisdiction, acceptability andenforcement of foreign judgements, and international arbitration.Its succinct yet scholarly nature, as well as the practical quality of theinformation it provides, make this book a valuable resource for lawyershandling cases in Ghana. Academics and researchers, as well as judges,notaries public, marriage registrars, youth welfare officers, teachers,students, and local and public authorities will welcome this very usefulguide, and will appreciate its value in the study of private international lawfrom a comparative perspective.
Author : Winston Anderson
Publisher : Ian Randle Publishers
Page : 339 pages
File Size : 44,6 Mb
Release : 2003
Category : Conflict of laws
ISBN : 9789768167385
Author : Cuniberti, Gilles
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 53,5 Mb
Release : 2022-02-18
Category : Law
ISBN : 9781839106538
Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.
Author : Frederick Alexander Mann
Publisher : Unknown
Page : 232 pages
File Size : 42,9 Mb
Release : 1986
Category : Law
ISBN : UOM:39015011336305
Considering the aspects of foreign affairs which arise in English court cases, this book treats questions regarding the relationship between international and domestic law, the sovereignty of the Crown, and the relationship between the Crown and the courts.
Author : Abubakri Yekini
Publisher : Bloomsbury Publishing
Page : 291 pages
File Size : 46,9 Mb
Release : 2021-08-12
Category : Law
ISBN : 9781509947089
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.
Author : Chukwuma Okoli,Richard Oppong
Publisher : Bloomsbury Publishing
Page : 532 pages
File Size : 52,7 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781509911141
This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and legislators alike will find Private International Law in Nigeria an instructive and practical guide.
Author : Curtis A. Bradley
Publisher : Oxford University Press
Page : 992 pages
File Size : 48,6 Mb
Release : 2019-06-07
Category : Law
ISBN : 9780190653354
This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
Author : Taslim Olawale Elias,Richard Akinjide
Publisher : Martinus Nijhoff Publishers
Page : 332 pages
File Size : 53,8 Mb
Release : 1988-11-14
Category : Law
ISBN : 9024737966
In Africa. The new states and the United Nations. Modern.
Author : John Kiggundu
Publisher : Unknown
Page : 414 pages
File Size : 50,5 Mb
Release : 2002
Category : Conflict of laws
ISBN : STANFORD:36105124229837
Author : Richard Garnett
Publisher : OUP Oxford
Page : 496 pages
File Size : 55,9 Mb
Release : 2012-03-08
Category : Law
ISBN : 9780191629365
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 : Trevor C. Hartley
Publisher : Cambridge University Press
Page : 963 pages
File Size : 40,9 Mb
Release : 2009-07-09
Category : Business & Economics
ISBN : 9780521868075
This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.
Author : Pontian N. Okoli
Publisher : Kluwer Law International B.V.
Page : 356 pages
File Size : 51,9 Mb
Release : 2019-10-07
Category : Law
ISBN : 9789403511122
In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.
Author : Carlos Esplugues Mota,José Luis Iglesias Buhigues,Guillermo Palao Moreno
Publisher : Walter de Gruyter
Page : 445 pages
File Size : 54,7 Mb
Release : 2011-03-30
Category : Law
ISBN : 9783866539129
During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.