The Hague Judgments Convention And Commonwealth Model Law

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The Hague Judgments Convention and Commonwealth Model Law

Author : Abubakri Yekini
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 51,9 Mb
Release : 2021-08-12
Category : Law
ISBN : 9781509947096

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The Hague Judgments Convention and Commonwealth Model Law by Abubakri Yekini Pdf

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.

Comparative Recognition and Enforcement

Author : Drossos Stamboulakis
Publisher : Cambridge University Press
Page : 303 pages
File Size : 41,8 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 HCCH 2019 Judgments Convention

Author : Matthias Weller,João Ribeiro-Bidaoui,Moritz Brinkmann,Nina Dethloff
Publisher : Bloomsbury Publishing
Page : 407 pages
File Size : 49,5 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.

A Guide to Global Private International Law

Author : Paul Beaumont,Jayne Holliday
Publisher : Bloomsbury Publishing
Page : 673 pages
File Size : 55,7 Mb
Release : 2022-05-05
Category : Law
ISBN : 9781509932092

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A Guide to Global Private International Law by Paul Beaumont,Jayne Holliday Pdf

This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The guide is divided into 4 key sections. Theory Institutional and Conceptual Framework Issues Civil and Commercial Law (apart from Family Law) Family Law Each chapter is written by a leading expert(s). The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania. An essential resource for academics, practitioners and students alike.

Private International Law in Commonwealth Africa

Author : Richard Frimpong Oppong
Publisher : Cambridge University Press
Page : 559 pages
File Size : 41,7 Mb
Release : 2013-09-12
Category : Law
ISBN : 9780521199698

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Private International Law in Commonwealth Africa by Richard Frimpong Oppong Pdf

A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.

UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)

Author : United Nations Commission on International Trade Law
Publisher : United Nations
Page : 352 pages
File Size : 52,7 Mb
Release : 2017-02-15
Category : Political Science
ISBN : 9789210583183

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UNCITRAL Secretariat Guide on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) by United Nations Commission on International Trade Law Pdf

The New York Convention has served as the cornerstone of the international arbitration system since its signature in 1958 until the present day. The Guide on the New York Convention provides an insight on the application of the Convention by State courts. It was initiated in 2010 when UNCITRAL commissioned the assistance of Professors Gaillard and Bermann as part of its efforts to promote wider adherence to the text of the New York Convention as well as its uniform interpretation and effective implementation. The interpretation that derives from court decisions of diverse jurisdictions makes the Guide a unique tool to understand the New York Convention, an almost universally adopted text, and to monitor its application. This guide is mainly designed for legal practitioners.

Statutory Jurisdiction

Author : Vaughan Black,Stephen G. A. Pitel,Michael Sobkin
Publisher : Unknown
Page : 333 pages
File Size : 50,5 Mb
Release : 2012
Category : Conflict of laws
ISBN : 0779851013

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Statutory Jurisdiction by Vaughan Black,Stephen G. A. Pitel,Michael Sobkin Pdf

"The Court Jurisdiction and Proceedings Transfer Act puts the important topic of the jurisdiction of Canadian provincial courts in civil and commercial cases on a clearer statutory footing. It is in force in British Columbia, Saskatchewan and Nova Scotia. The approach to jurisdiction adopted under the CJPTA is different in several respects from the common law approach, and so provinces that have adopted it are undergoing a period of transition. One of the key issues for courts in applying the CJPTA is interpreting its provisions and explaining how they operate. Statutory Jurisdiction: An Analysis of the Court Jurisdiction and Proceedings Transfer Act examines the growing body of cases and provides a comprehensive account of how the CJPTA is being interpreted and applied by the courts"--P. [4] of cover.

Commonwealth Yearbook

Author : Nexus Strategic Publishers
Publisher : Commonwealth Yearbook
Page : 668 pages
File Size : 40,6 Mb
Release : 2015-09-15
Category : History
ISBN : 1908609192

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Commonwealth Yearbook by Nexus Strategic Publishers Pdf

The Commonwealth Yearbook is the flagship annual publication of the Commonwealth Secretariat, with this special anniversary edition celebrating the Secretariat's 50th year. Published annually, the Yearbook is the essential reference guide to the countries, organisations, activities and values of the modern Commonwealth. This special 2015 anniversary edition has been fully updated to include: * Strategic directions of the association as it prepares for the Commonwealth Heads of Government Meeting and Commonwealth People's Forum 2015 in Malta * Programmes and partnerships adding global value in the areas of politics (democracy and rights, rule of law, gender equality, youth empowerment); governance and natural resources; health and education; economics and trade; and resilience in small and vulnerable states * Moments of Commonwealth history recorded by historians and Secretariat insiders of the time * A guide to the essential Commonwealth communiques and declarations including those from the 2013 Heads of Government meeting in Sri Lanka and Commonwealth Charter * Comprehensive profiles of 53 member countries, including overseas territories * An extensive statistics and reference section, and the official directory of Commonwealth professional, cultural and civil society development agencies.

Transnational Legal Orders

Author : Terence C. Halliday,Gregory Shaffer
Publisher : Cambridge University Press
Page : 559 pages
File Size : 49,7 Mb
Release : 2015-01-19
Category : Law
ISBN : 9781107069923

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Transnational Legal Orders by Terence C. Halliday,Gregory Shaffer Pdf

"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

Recognition and Enforcement of Judgments in Civil and Commercial Matters

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
Page : 411 pages
File Size : 46,9 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509924271

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Recognition and Enforcement of Judgments in Civil and Commercial Matters by Anselmo Reyes Pdf

This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.

Commercial Issues in Private International Law

Author : Michael Douglas,Vivienne Bath,Mary Keyes,Andrew Dickinson
Publisher : Bloomsbury Publishing
Page : 408 pages
File Size : 42,8 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781509922895

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Commercial Issues in Private International Law by Michael Douglas,Vivienne Bath,Mary Keyes,Andrew Dickinson Pdf

As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law. This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law.

When Private International Law Meets Intellectual Property Law

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 92 pages
File Size : 43,8 Mb
Release : 2019-10-15
Category : Law
ISBN : 9789280529135

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When Private International Law Meets Intellectual Property Law by World Intellectual Property Organization Pdf

Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.

Model Codes for Post-conflict Criminal Justice

Author : Vivienne M. O'Connor,Colette Rausch,Hans-Jörg Albrecht,Goran Klemenčič
Publisher : US Institute of Peace Press
Page : 544 pages
File Size : 42,7 Mb
Release : 2007
Category : Law
ISBN : 1601270127

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Model Codes for Post-conflict Criminal Justice by Vivienne M. O'Connor,Colette Rausch,Hans-Jörg Albrecht,Goran Klemenčič Pdf

Accompanying CD-ROMs contains the text of vol. 1. and vol. 2.

Guide to Foreign and International Legal Citations

Author : Anonim
Publisher : Unknown
Page : 300 pages
File Size : 41,8 Mb
Release : 2006
Category : Annotations and citations (Law)
ISBN : STANFORD:36105063973023

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Guide to Foreign and International Legal Citations by Anonim Pdf

"Formerly known as the International Citation Manual"--p. xv.

The Hague Child Abduction Convention

Author : Rhona Schuz
Publisher : A&C Black
Page : 626 pages
File Size : 50,7 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782253099

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The Hague Child Abduction Convention by Rhona Schuz Pdf

International child abduction is one of the most emotionally charged and fascinating areas of family law practice. The 1980 Hague Convention on the Civil Aspects of International Child Abduction was the response of the international community to the increase in the phenomenon of parental child abduction. However, behind the widely acclaimed success of this Convention - which has now been ratified by more than 90 states - lie personal tragedies, academic controversy and diplomatic tensions. The continuing steady flow of case-law from the various Member States has resulted in the emergence of different approaches to the interpretation of key concepts in the Convention. In addition, over the years other global and regional legal instruments and the recommendations of the Special Commissions have had an impact on the implementation of the Convention. This book brings together all these strands and provides an up-to-date, clear and highly readable discussion of the international operation of the Abduction Convention together with in-depth critical academic analysis in light of the objectives of the Convention and other relevant legal norms, such as the 1989 UN Convention on the Rights of the Child. Throughout the book, examples are brought from case law in many jurisdictions and reference is made to relevant legal and social science literature and empirical research. Over the past decade, increasing focus has been placed on what might be seen as procedural issues, such as separate representation for children, undertakings, judicial liaison and mediation. The book analyses the significance of these developments and the extent to which they can help resolve the continuing tension between some of the objectives of the Convention and the interests of individual children. This book will be essential reading for judges, practitioners, researchers, students, policy-makers and others who are seeking a critical and informed analysis of the latest developments in international abduction law and practice. From the Foreword by Brenda Hale, Justice of the Supreme Court of the United Kingdom 'This book is, as far as I am aware, the first scholarly monograph to study the interpretation and application of the Convention across the whole legal space which it occupies and to critically assess these in light of the object and purposes of the Convention and other relevant legal norms. Cases are drawn from many jurisdictions to discuss how different countries interpret the Convention and links are made with relevant statistical, social and psychological research in a thoughtful discussion of the significance of such material both to judicial decision-making and to policy development...a study which deserves to be read by anyone with an interest in the modern phenomenon of international child abduction, whether judge, practitioner, policy-maker, parent, researcher or scholar. There is plenty for us all to think about.'