The Foundation Of Choice Of Law

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The Foundation of Choice of Law

Sagi Peari
The Foundation of Choice of Law Book PDF

Author : Sagi Peari
Publisher : Oxford University Press
Page : 345 pages
File Size : 40,8 Mb
Release : 2018
Category : Law
ISBN : 9780190622305

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The Foundation of Choice of Law by Sagi Peari Pdf

This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.

The Foundation of Choice of Law

Sagi Peari
The Foundation of Choice of Law Book PDF

Author : Sagi Peari
Publisher : Oxford University Press
Page : 304 pages
File Size : 52,7 Mb
Release : 2018-03-30
Category : Law
ISBN : 9780190622312

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The Foundation of Choice of Law by Sagi Peari Pdf

This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.

Contract Law Without Foundations

Prince Saprai
Contract Law Without Foundations Book PDF

Author : Prince Saprai
Publisher : Oxford University Press
Page : 250 pages
File Size : 43,8 Mb
Release : 2019-02-28
Category : Law
ISBN : 9780191084584

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Contract Law Without Foundations by Prince Saprai Pdf

This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.

Agreements on Jurisdiction and Choice of Law

Adrian Briggs
Agreements on Jurisdiction and Choice of Law Book PDF

Author : Adrian Briggs
Publisher : Oxford Private International L
Page : 0 pages
File Size : 47,9 Mb
Release : 2008
Category : Law
ISBN : 0199282307

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Agreements on Jurisdiction and Choice of Law by Adrian Briggs Pdf

This book analyzes the law and practice relating to the classification, drafting, validity and enforcement of contracts relating to jurisdiction and choice of law. The focus is on English law, EU law and common law measures, but there is also some comparative material built in. The book will be useful in particular to practicing lawyers seeking to draft, interpret or enforce the types of contract discussed, but the in-depth discussion will also be valuable to academic lawyers specializing in private international law. Written by an academic who is also a practicing barrister, this book gives in-depth coverage of how the instruments and principles of private international law can be used for the resolution of cross-border or multi-jurisdictional disputes. It examines the operation and application of the Brussels Regulation, the Rome Convention and the Hague Convention on Exclusive Choice of Court Agreements in such disputes, but also discusses the judgments and decisions of the courts in significant cases such as Turner v Grovit, Union Discount v Zoller, and De Wolf v Cox. Much of the book is given over to practical evaluation of how agreements on jurisdiction and choice of law should be put together, with guidance on, amongst other things, drafting of the agreements (including some sample clauses), severability of agreements, consent, and the resolution of disputes by arbitration.

Choice of Law and Multistate Justice

Friedrich K. Juenger
Choice of Law and Multistate Justice Book PDF

Author : Friedrich K. Juenger
Publisher : Brill Nijhoff
Page : 0 pages
File Size : 44,6 Mb
Release : 2005
Category : Conflict of laws
ISBN : 1571053301

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Choice of Law and Multistate Justice by Friedrich K. Juenger Pdf

Contains "the original text with a set of comments by experts in the field."

Party Autonomy in Private International Law

Alex Mills
Party Autonomy in Private International Law Book PDF

Author : Alex Mills
Publisher : Cambridge University Press
Page : 595 pages
File Size : 44,9 Mb
Release : 2018-08-16
Category : Law
ISBN : 9781107079175

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Party Autonomy in Private International Law by Alex Mills Pdf

Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.

Foreign Law in English Courts

Richard Fentiman
Foreign Law in English Courts Book PDF

Author : Richard Fentiman
Publisher : Clarendon Press
Page : 378 pages
File Size : 40,8 Mb
Release : 1998
Category : Law
ISBN : 019825878X

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Foreign Law in English Courts by Richard Fentiman Pdf

This book is concerned with the pleading and proof of foreign law in English courts. Fentiman argues that the law is both more complex and more defensible than had previously been supposed. By providing a practical guide to the subject, he presents the conflict of laws in a way which is both novel and illuminating.

Philosophical Foundations of Contract Law

George Letsas,Prince Saprai
Philosophical Foundations of Contract Law Book PDF

Author : George Letsas,Prince Saprai
Publisher : Oxford University Press, USA
Page : 417 pages
File Size : 51,5 Mb
Release : 2014
Category : Law
ISBN : 9780198713012

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Philosophical Foundations of Contract Law by George Letsas,Prince Saprai Pdf

The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.

Fundamentals of American Law

New York University. School of Law
Fundamentals of American Law Book PDF

Author : New York University. School of Law
Publisher : Unknown
Page : 738 pages
File Size : 53,6 Mb
Release : 1996
Category : Law
ISBN : 9780198764052

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Fundamentals of American Law by New York University. School of Law Pdf

The American legal system today is the most significant in the world, yet until the publication of Fundamentals of American Law, there has been no book that provides both the basic rules on the theoretical understanding necessary to comprehend. This book is not simply the work of a singleauthor, but a collection of especially written essays, each by an expert in the field, all of whom are on the faculty of New York University School of Law, which is recognized as one of the elite law schools in America and which offers this book as an element of its unique Global Law SchoolProgramme.The book is written specifically for foreign lawyers and law students who have a need to deal with American Law generally, but are not seeking to become specialists in any one area. For them, it is vital to understand the basic principles of a wide range of American legal fields so they can act asinformed intermediaries between their public or private clients and their American counterparts. The book not only provides the reader with a solid foundation in American law, but will also serve as a basic reference book for the fundamentals, even as some of the details change over the years.Although initially conceived to fill a void for foreign lawyers, the book is also ideally suited for others who have a significant need to understand the basic principles of American Law and to interact with American lawyers. For this reason it will be an ideal course text for students of business,accountancy, political science, or public administration, where the enquiring student will constantly find intersections with the law.The book is more than a compendium of legal principles. Each chapter explains not only what the law is, but why it is that way. It sets forth the policy considerations in institutional factors that produce a particular law so the reader can make an independent judgement about its wisdom and perhapsits adaptibility to other cultures.

Conflict of Laws and the Internet

Pedro De Miguel Asensio
Conflict of Laws and the Internet Book PDF

Author : Pedro De Miguel Asensio
Publisher : Edward Elgar Publishing
Page : 561 pages
File Size : 52,5 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781035315130

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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.

Choice of Law in Copyright and Related Rights

Mireille M. M. van Eechoud
Choice of Law in Copyright and Related Rights Book PDF

Author : Mireille M. M. van Eechoud
Publisher : Kluwer Law International B.V.
Page : 306 pages
File Size : 48,7 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041120717

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Choice of Law in Copyright and Related Rights by Mireille M. M. van Eechoud Pdf

Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.

Courts and Consociations

Christopher McCrudden,Brendan O'Leary
Courts and Consociations Book PDF

Author : Christopher McCrudden,Brendan O'Leary
Publisher : OUP Oxford
Page : 216 pages
File Size : 54,9 Mb
Release : 2013-02-21
Category : Law
ISBN : 9780191665387

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Courts and Consociations by Christopher McCrudden,Brendan O'Leary Pdf

Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination. Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements. Providing a clear, accessible introduction to both the political use of power-sharing settlements and the human rights law on the issue, this book is an invaluable guide to all academics, students, and professionals engaged with transitional justice, peace agreements, and contemporary human rights law.

Conflict of Laws

Peter Hay,Russell J. Weintraub,Patrick J. Borchers,Richard D. Freer
Conflict of Laws Book PDF

Author : Peter Hay,Russell J. Weintraub,Patrick J. Borchers,Richard D. Freer
Publisher : Unknown
Page : 0 pages
File Size : 47,7 Mb
Release : 2017
Category : Conflict of laws
ISBN : 1634593081

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Conflict of Laws by Peter Hay,Russell J. Weintraub,Patrick J. Borchers,Richard D. Freer Pdf

•Chapter 6, concerning the impact of the Constitution, has been streamlined to enhance “teachability.” The 2016 opinion in franchise tax Board versus Hyatt is now included as a principal case. •Chapters 7 and 8 present the central themes of choice of law. Both have been updated substantially. Chapter 8 has been considerably revised to show the progression from the traditional system, to the height of the conflicts revolution, to a developing consensus to consolidate modern analysis in a manner that provides more predictability and certainty. This revision is designed to give students -- most of whom have little or no familiarity with choice of law doctrine -- a b.

Choice of Law for Equitable Doctrines

Tiong Min Yeo
Choice of Law for Equitable Doctrines Book PDF

Author : Tiong Min Yeo
Publisher : Oxford Private International L
Page : 0 pages
File Size : 51,8 Mb
Release : 2004
Category : Law
ISBN : 0199274924

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Choice of Law for Equitable Doctrines by Tiong Min Yeo Pdf

It is an unfortunate feature of the common law conflicts landscape that, for all its sophistication, the relationship between the equitable principles of the forum and the forum's choice of law process remains unclear.

How Interpretation Makes International Law

Ingo Venzke
How Interpretation Makes International Law Book PDF

Author : Ingo Venzke
Publisher : OUP Oxford
Page : 338 pages
File Size : 55,6 Mb
Release : 2012-09-06
Category : Law
ISBN : 9780191631962

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How Interpretation Makes International Law by Ingo Venzke Pdf

Challenging the classic narrative that sovereign states make the law that constrains them, this book argues that treaties and other sources of international law form only the starting point of legal authority. Interpretation can shift the meaning of texts and, in its own way, make law. In the practice of interpretation actors debate the meaning of the written and customary laws, and so contribute to the making of new law. In such cases it is the actor's semantic authority that is key - the capacity for their interpretation to be accepted and become established as new reference points for legal discourse. The book identifies the practice of interpretation as a significant space for international lawmaking, using the key examples of the UN High Commissioner for Refugees and the Appellate Body of the WTO to show how international institutions are able to shape and develop their constituent instruments by adding layers of interpretation, and moving the terms of discourse. The book applies developments in linguistics to the practice of international legal interpretation, building on semantic pragmatism to overcome traditional explanations of lawmaking and to offer a fresh account of how the practice of interpretation makes international law. It discusses the normative implications that arise from viewing interpretation in this light, and the implications that the importance of semantic changes has for understanding the development of international law. The book tests the potential of international law and its doctrine to respond to semantic change, and ultimately ponders how semantic authority can be justified democratically in a normative pluriverse.