Unifying And Harmonising Substantive Law And The Role Of Conflict Of Laws

Author : Katharina Boele-Woelki
Publisher : BRILL
Page : 288 pages
File Size : 43,9 Mb
Release : 2010-07-05
Category : Law
ISBN : 9789004249950

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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.

Author : Kurt Lipstein
Publisher : Brill Archive
Page : 160 pages
File Size : 54,7 Mb
Release : 1981-09-16
Category : Law
ISBN : 9024725445

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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.

Author : Jürgen Basedow
Publisher : Cambridge University Press
Page : 950 pages
File Size : 48,8 Mb
Release : 2000-09
Category : Law
ISBN : 9067041246

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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.

Author : Caroline Heber
Publisher : Oxford University Press
Page : 545 pages
File Size : 54,8 Mb
Release : 2021-06-17
Category : Law
ISBN : 9780192653338

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Enhanced Cooperation and European Tax Law by Caroline Heber Pdf

The enhanced cooperation mechanism allows at least nine Member States to introduce secondary EU law which is only binding among these Member States. From an internal market perspective, enhanced cooperation laws are unique as they lie somewhere between unilateral Member State laws and uniform European Union law. The law creates harmonisation and coordination between the participating Member States, but may introduce trade obstacles in relation to non-participating Member States. This book reveals that the enhanced cooperation mechanism allows Member States to protect their harmonised values and coordination endeavours against market efficiency. Values which may not be able to justify single Member State's trade obstacles may outweigh pure internal market needs if an entire group of Member States finds these value worthy of protection. However, protection of the harmonised values can never go as far as shielding participating Member States from the negative effects of enhanced cooperation laws. The hybrid nature of enhanced cooperation laws - their nexus between the law of a single Member State and secondary EU law - also demands that these laws comply with state aid law. This book shows how the European state aid law provisions should be applied to enhanced cooperation laws. Furthermore, the book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.

Author : Toshiyuki Kono
Publisher : BRILL
Page : 216 pages
File Size : 43,5 Mb
Release : 2014-12-17
Category : Law
ISBN : 9789004285088

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Efficiency in Private International Law by Toshiyuki Kono Pdf

Also available as an e-book Private international law (PIL) problems have existed for centuries when people from various territories and religious and social groups engaged in mutual contacts. Some of the core issues of this discipline have been critically reviewed during the so-called conflicts revolution which took place during the twentieth century in the American academic literature and court practice. However it seems that not much discussion on methodologies of PIL has developed since then. This book, inspired by the Law and Economics approach, introduces the concept of efficiency into PIL, aiming to show new dimensions of traditionally important issues. First, this author challenges the traditional understanding that uniform law is always more desirable than PIL, and raises questions on the rationale and possibility of the unification of PIL. Second, territoriality has been understood to exclude PIL. This book clarifies why such understanding does not hold in the twenty-first century especially in the field of intellectual property, and argues that a one-sizefits-all model would not be appropriate in the context of cross-border insolvency.

Author : Campbell McLachlan
Publisher : BRILL
Page : 492 pages
File Size : 47,7 Mb
Release : 2009-07-15
Category : Law
ISBN : 9789047441441

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Lis Pendens in International Litigation by Campbell McLachlan Pdf

Also available as an e-book What legal principles apply when courts in different jurisdictions are simultaneously seised with the same dispute ? This question — of international lis pendens — has long been controversial. But it has taken on new and urgent importance in our age. Globalization has driven an unprecedented rise in forum shopping between national courts and a proliferation of new international tribunals. Problems of litispendence have spawned some of the most dramatic litigation of modern times — from anti-suit injunction battles in commercial disputes, to the appeals of prisoners on death row to international human rights tribunals. The way we respond to this challenge has profound theoretical implications for the interaction of legal systems in today’s pluralistic world. In this wide-ranging survey, McLachlan analyses the problems of parallel litigation — in private and public international law and international arbitration. He argues that we need to develop a more sophisticated set of rules of conflict of litigation, guided by a cosmopolitan conception of the rule of law.

Author : Ivan Sammut
Publisher : Cambridge Scholars Publishing
Page : 365 pages
File Size : 51,6 Mb
Release : 2016-09-23
Category : Law
ISBN : 9781443899956

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Constructing Modern European Private Law by Ivan Sammut Pdf

The Europeanisation of European Private Law (EPL) is an ongoing process that has gained momentum with the communautarisation of judicial cooperation in civil and commercial matters with the Amsterdam Treaty. This work examines the governance structure of EPL. It proves that more can be achieved towards the Europeanisation of private law through a new approach involving innovative modes of governance in EPL. In order to test this hypothesis, it is necessary to look at this exercise from three different angles. The first angle provides a study about the tools and the context with which one can further Europeanise private law and bridge the gaps between the main legal families, common law and civil law. The second angle encompasses a study of what has and what has not been achieved in the development of EPL by looking at both EU and non-EU initiatives. The final angle then examines the role of governance in the future development of EPL. As such, this study confirms that the further Europeanisation of EPL requires a multi-level mode of governance, confirming the traditional supra-national Community Method mode of governance in EPL with the introduction of intra-governmental innovative methods in EPL such as the Open Method of Coordination (OMC) and soft-law. These innovative modes, together with the traditional mode of governance, can take forward the development of EPL so that it can better serve the needs of the European legal community in the future.

Author : Anonim
Publisher : Unknown
Page : 852 pages
File Size : 47,5 Mb
Release : 1973
Category : Russia (Federation)
ISBN : UCLA:L0050819614

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Foreign Trade by Anonim Pdf

Author : Arianna Pretto-Sakmann
Publisher : Bloomsbury Publishing
Page : 273 pages
File Size : 55,9 Mb
Release : 2005-08-15
Category : Law
ISBN : 9781847311023

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Boundaries of Personal Property by Arianna Pretto-Sakmann Pdf

This study of the boundaries of personal property has an inward and an outward perspective, with the intellectual emphasis on the latter. The inward-looking inquiry considers shares as items of personal property. Nowadays those who think of themselves as shareholders often stand one step removed from the share itself. They hold what this book christens a sub-share. This part of the book asks in what sense shares and sub-shares can be conceived to be things, how those things are alienated, and how they are protected in litigation. The outward-looking inquiry then asks whether personal property can be contemplated as a sub-category of the law of things and, more particularly, as the law of all things locatable in space, alienable, or vindicable in court. The outward inquiry considers three boundaries. Within the law of property the line between realty and personalty proves relatively uncontroversial; the second boundary lies between property and obligations; the third between wealth and non-wealth. The second boundary is the main concern. Respect for it necessitates a differentiation between the law of property in the strict sense and the all-encompassing law of wealth, even where the consequence might be to exclude shares and sub-shares from the law of property. In maintaining the value of careful proprietary taxonomy and in reviving the underlying concepts on which it depends, this book opposes modern scepticism as to the possibility and desirability of precision in legal classification. In these commitments it could fairly be styled a post-modern study of personal property. Winner of the SLS Birks Prize for Outstanding Legal Scholarship 2006 - Second Prize.

Author : Anonim
Publisher : Unknown
Page : 638 pages
File Size : 47,5 Mb
Release : 1970
Category : India
ISBN : UOM:39015049835252

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The Indian Journal of International Law by Anonim Pdf

Issues for 1960- include a section of official documents.

Author : Anonim
Publisher : Unknown
Page : 894 pages
File Size : 40,7 Mb
Release : 1997
Category : Civil law
ISBN : STANFORD:36105061776311

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Revue de Droit Uniforme by Anonim Pdf

Author : Paul M. Perell
Publisher : Lexis Law Publishing (Va)
Page : 148 pages
File Size : 51,7 Mb
Release : 1990
Category : Civil law
ISBN : 0409896640

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The Fusion of Law and Equity by Paul M. Perell Pdf

Author : Anonim
Publisher : Unknown
Page : 620 pages
File Size : 51,9 Mb
Release : 2001
Category : Contracts
ISBN : STANFORD:36105060299893

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Journal of Contract Law by Anonim Pdf

Author : Katharina Boele-Woelki
Publisher : Intersentia nv
Page : 600 pages
File Size : 55,9 Mb
Release : 2003
Category : Domestic relations
ISBN : 9789050952873

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Perspectives for the Unification and Harmonisation of Family Law in Europe by Katharina Boele-Woelki Pdf

Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

Author : Yuliya Chernykh
Publisher : BRILL
Page : 629 pages
File Size : 40,6 Mb
Release : 2022-01-17
Category : Law
ISBN : 9789004414709

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Contract Interpretation in Investment Treaty Arbitration by Yuliya Chernykh Pdf

Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.