The Elgar Companion To The Hague Conference On Private International Law

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The Elgar Companion to the Hague Conference on Private International Law

Author : Thomas John,Rishi Gulati,Ben Koehler
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 51,7 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 Elgar Companion to the International Court of Justice

Author : Robert Kolb
Publisher : Edward Elgar Publishing
Page : 497 pages
File Size : 50,5 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781782544869

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The Elgar Companion to the International Court of Justice by Robert Kolb Pdf

The first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant an

Private International Law

Author : Franco Ferrari,Diego P. Fernández Arroyo
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 43,7 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781789906905

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Private International Law by Franco Ferrari,Diego P. Fernández Arroyo Pdf

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.

The Elgar Companion to UNIDROIT

Author : Thomas John,Rishi Gulati,Ben Köhler
Publisher : Edward Elgar Publishing
Page : 557 pages
File Size : 55,6 Mb
Release : 2024-04-12
Category : Law
ISBN : 9781803924564

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The Elgar Companion to UNIDROIT by Thomas John,Rishi Gulati,Ben Köhler Pdf

This comprehensive Companion provides a unique overview of UNIDROIT, the primary independent organisation coordinating the practice of international private law across its 65 member states. As the third in the suite of titles covering the ‘three sisters’ of uniform private law and private international law, it considers UNIDROIT’s role in the creation of existing uniform law, as well as posing questions about its future in the sector.

The Elgar Companion to UNCITRAL

Author : Rishi Gulati,Thomas John,Ben Köhler
Publisher : Edward Elgar Publishing
Page : 605 pages
File Size : 50,5 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781803924540

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The Elgar Companion to UNCITRAL by Rishi Gulati,Thomas John,Ben Köhler Pdf

As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to help develop and promote uniform private law internationally. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.

Advanced Introduction to Private International Law and Procedure

Author : Peter Hay
Publisher : Edward Elgar Publishing
Page : 160 pages
File Size : 43,5 Mb
Release : 2018-06-29
Category : Law
ISBN : 9781786436795

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Advanced Introduction to Private International Law and Procedure by Peter Hay Pdf

Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? Advanced Introduction to Private International Law and Procedure addresses these questions through a comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union.

The Elgar Companion to ASEAN

Author : Jörn Dosch,Frederick Kliem
Publisher : Edward Elgar Publishing
Page : 297 pages
File Size : 45,6 Mb
Release : 2023-05-09
Category : Political Science
ISBN : 9781800378889

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The Elgar Companion to ASEAN by Jörn Dosch,Frederick Kliem Pdf

Providing a contemporary discussion of ASEAN, this holistic Companion critically examines the organisation’s characteristics, strengths and weaknesses, politics and policies, internal dynamics, and external relations. This fascinating and informative Companion makes a significant contribution to the literature on ASEAN, providing a comprehensive overview of the organisation and evaluating multidisciplinary perspectives on Southeast Asian regionalism.

The Elgar Companion to the European Union

Author : Samuel B.H. Faure,Christian Lequesne
Publisher : Edward Elgar Publishing
Page : 389 pages
File Size : 51,6 Mb
Release : 2023-01-20
Category : Political Science
ISBN : 9781800883437

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The Elgar Companion to the European Union by Samuel B.H. Faure,Christian Lequesne Pdf

Constituting a major contribution to literature on the EU, this comprehensive Companion analyses the structure and value of the EU, capturing the normality of its politics alongside crises and political breakdown.

Private International Law and the Internet

Author : Dan Jerker B. Svantesson
Publisher : Kluwer Law International B.V.
Page : 760 pages
File Size : 48,9 Mb
Release : 2021-08-05
Category : Law
ISBN : 9789403511139

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Private International Law and the Internet by Dan Jerker B. Svantesson Pdf

In this, the fourth edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five fundamental questions: When should a lawsuit be entertained by the courts? Which state’s law should be applied? When should a court that can entertain a lawsuit decline to do so? How wide ‘scope of jurisdiction’ should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another? Professor Svantesson identifies and investigates twelve characteristics of Internet communication that are relevant to these questions and then proceeds with a detailed discussion of what is required of modern private international law rules. Focus is placed on several issues that have far-reaching practical consequences in the Internet context, including the following: cross-border defamation; cross-border business contracts; cross-border consumer contracts; and cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of jurisdictions, including Australia, England, Hong Kong SAR, the United States, Germany, Sweden, and China, as well as in a range of international instruments. There is also a chapter on advances in geo-identification technologies and their special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts, as well as a set of practical checklists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson’s book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this complex and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable private international law rules for communication via the Internet.

Blurry Boundaries of Public and Private International Law

Author : Poomintr Sooksripaisarnkit,Dharmita Prasad
Publisher : Springer Nature
Page : 287 pages
File Size : 51,9 Mb
Release : 2022-02-23
Category : Law
ISBN : 9789811684807

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Blurry Boundaries of Public and Private International Law by Poomintr Sooksripaisarnkit,Dharmita Prasad Pdf

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.

Comparative Recognition and Enforcement

Author : Drossos Stamboulakis
Publisher : Cambridge University Press
Page : 303 pages
File Size : 53,6 Mb
Release : 2022-10-31
Category : Law
ISBN : 9781316513927

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Comparative Recognition and Enforcement by Drossos Stamboulakis Pdf

This book offers comparative insights into recognition and enforcement, informing decisions to implement, interpret, and apply emerging transnational judgments conventions.

The Elgar Companion to the Extraordinary Chambers in the Courts of Cambodia

Author : Nina H. B. Jørgensen
Publisher : Unknown
Page : 432 pages
File Size : 52,8 Mb
Release : 2018-04-27
Category : Electronic
ISBN : 1784718068

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The Elgar Companion to the Extraordinary Chambers in the Courts of Cambodia by Nina H. B. Jørgensen Pdf

This Companion is a one-stop reference resource on the Phnom Penh based 'Khmer Rouge tribunal'. It serves as an introduction to the Extraordinary Chambers in the Courts of Cambodia, while also exploring some of the Chambers' practical and jurisprudential challenges and outcomes. Established by an agreement between the United Nations and the Government of Cambodia, the tribunal has been operational since 2006, and seeks a mandate to try those most responsible for serious crimes committed during the Khmer Rouge period from 1975 to 1979. The Companion is organized around a series of themes including legality, structure, proceedings, jurisprudence, legitimacy and legacy, and offers both direct insights and academic analysis by an author who has worked as senior adviser to the tribunal's Pre-Trial and Supreme Court Chambers. This original book will prove a valuable and stimulating read for lawyers, judges and UN staff working within, establishing, or monitoring international courts and tribunals as well as local and international NGOs in Cambodia concerned with accountability for the crimes of the Kymer Rouge era. Academics focusing on international criminal justice will also find this Companion useful to assess the contribution of the Extraordinary Chambers, both during the tribunal's lifespan and after it has closed its doors.

Legal Agreements on Smart Contract Platforms in European Systems of Private Law

Author : Jasper Verstappen
Publisher : Springer Nature
Page : 424 pages
File Size : 44,9 Mb
Release : 2023-06-23
Category : Law
ISBN : 9783031354076

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Legal Agreements on Smart Contract Platforms in European Systems of Private Law by Jasper Verstappen Pdf

Blockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.

The HCCH 2019 Judgments Convention

Author : Matthias Weller,João Ribeiro-Bidaoui,Moritz Brinkmann,Nina Dethloff
Publisher : Bloomsbury Publishing
Page : 407 pages
File Size : 43,8 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509959549

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The HCCH 2019 Judgments Convention by Matthias Weller,João Ribeiro-Bidaoui,Moritz Brinkmann,Nina Dethloff Pdf

This book analyses, comments and further develops on the most important instrument of the Hague Conference on Private International Law (HCCH): the HCCH 2019 Judgments Convention. The HCCH Convention, the product of decades of work, will have a transformative effect on global judicial cooperation in civil matters. This book explores its 'mechanics', i.e. the legal cornerstones of the new Convention (Part I), its prospects in leading regions of the world (Part II), and offers an overview and comment on its outlook (Part III). Drawing on contributions from world-leading experts, this magisterial and ambitious work will become the reference work for law-makers, judges, lawyers and scholars in the field of private international law.

Blockchain and Private International Law

Author : Andrea Bonomi,Matthias Lehmann,Shaheeza Lalani
Publisher : BRILL
Page : 807 pages
File Size : 40,9 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.