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Author: Peter Machin North
Publisher: Oxford University Press
ISBN: 9780198258261
Category : Law
Languages : en
Pages : 308
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Book Description
The nine essays collected here, some originally delivered as lectures, others written as law journal articles, have all appeared over the past fifteen years. They examine issues of topical importance in the three traditional areas of private international law: the jurisdiction of the courts, choice of the applicable law, and the recognition of foreign judgments. These areas are discussed with reference to a wide range of subject issues, in particular contract, tort, family law, and some aspects of property law. A major theme is reform and change, not only within the United Kingdom, but also as a consequence of developments within the European Community and in the light of proposals in the U.S. and worldwide.
Author: Peter Machin North
Publisher: Oxford University Press
ISBN: 9780198258261
Category : Law
Languages : en
Pages : 308
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Book Description
The nine essays collected here, some originally delivered as lectures, others written as law journal articles, have all appeared over the past fifteen years. They examine issues of topical importance in the three traditional areas of private international law: the jurisdiction of the courts, choice of the applicable law, and the recognition of foreign judgments. These areas are discussed with reference to a wide range of subject issues, in particular contract, tort, family law, and some aspects of property law. A major theme is reform and change, not only within the United Kingdom, but also as a consequence of developments within the European Community and in the light of proposals in the U.S. and worldwide.
Author: Ian F.G. Baxter
Publisher: University of Toronto Press
ISBN: 1442633360
Category : Law
Languages : en
Pages : 218
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Book Description
This book contains a series of essays on conflict laws, including jurisdiction of the courts, choice of law, renvoi, property, recognition of family status, and recognition of foreign corporations. It is not a text-book, but an analysis and criticism of existing principles with recommendations for reform and for a different approach to the subject. In general, an approach is advocated that will be simpler and less abstract and doctrinaire than at present, and better integrated with the ordinary laws of the forum. The recommendations made could be thought of as principles on which to build a reform of conflict of laws or a model code. The first two chapters deal with jurisdiction and choice of law, two distinct topics, with different considerations of policy, which have not always been kept distinct by judges and text writers. The third chapter considers certain questions of legal interpretation, mainly in the construction of money obligations expressed in a foreign currency. This shows a working out of the problems of contract analysis and interpretation which are dealt with more generally in other chapters. Another chapter discusses property law, a branch of the law which has been influenced, historically, by the doctrine of situs, and the recognition of status in family law and in corporation law. The concluding chapter draws together the main results of the preceding discussion and states from basic principles, one of which is that there is a need “for greater unity between the conflict rules and the general law,” and for “allowing, where appropriate, the influence of legal systems other than that of the forum.” Professor Baxter’s discussion clearly shows that the complexity of current legal theory can lead to unjust rulings in the courts, and his case for greater simplification is argued compellingly.
Author: Aron Broches
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792329060
Category : Political Science
Languages : en
Pages : 568
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Book Description
Aron Broches is a Dutch international lawyer and official. He was present at the Bretton Woods Monetary and Financial Conference in 1944 and he started work at the World Bank in 1946, where he stayed for over 30 years. While there he created the mechanisms for the settlement of disputes between States and foreign investors leading to the formation of the International Centre for Settlement of Investment Disputes (ICSID) in 1967.
Author: Lawrence Antony Collins
Publisher: Oxford University Press
ISBN: 9780198265665
Category : Law
Languages : en
Pages : 526
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Book Description
Lawrence Collins, a leading international lawyer, has made a profound contribution to the study and understanding of the Conflict of Laws in England during the past twenty years. He has successfully combined his practice in one of London's leading law firms with unparalleled academic achievement. This volume combines a number of his most widely acclaimed and influential articles on important aspects of the Conflict of Laws, including a reprint of his fascinating 1992 Hague Academy Lectures entitled "Provisional and Protective Measures in International Litigation." Collins has updated and written introductory prefaces for each article to outline the most important subsequent developments since their original publication. Scholarly and incisive, these essays will be compulsory reading for all academics and practitioners interested in international litigation.
Author: Leo Gross
Publisher: BRILL
ISBN: 9780941320153
Category : Law
Languages : en
Pages : 628
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Book Description
This two volume work is a collection of scholarly essays on a wide ranging set of international law topics written over the past forty years.
Author: Nerina Boschiero
Publisher: Springer Science & Business Media
ISBN: 9067048941
Category : Law
Languages : en
Pages : 948
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Book Description
This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.
Author: Aristotle Constantinides
Publisher: BRILL
ISBN: 9047444728
Category : Law
Languages : en
Pages : 720
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Book Description
This collection of essays in honour of Kalliopi K. Koufa, the first woman to become Professor of International Law in Greece, brings to light the multiple faces, the expanding scope and diversity of international law.
Author: Lakshmi Jambholkar
Publisher:
ISBN: 9789350350638
Category : Comparative law
Languages : en
Pages : 0
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Book Description
Author: Maarten Bos
Publisher: Springer
ISBN: 9401744971
Category : Law
Languages : en
Pages : 390
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Book Description
In October I873, as every Conference Report recalls, the Associ ation for the Reform and Codification of the Law of Nations was founded in Brussels (Belgium). At the Brussels Conference of I895 the Association's name was changed and ever since it has been "The International Law Association". On August 30 and 3I and September I, I973, a Centenary Cele bration will be held in the Association's place of birth. In the course of preparations made for this triduum, plans were also laid by the Executive Council for a Centenary Volume to mark the event. The formula adopted for the book was mostly based on contributions by Chairmen and/or Rapporteurs of International Committees of the Association who were asked to shed light on "the present state" of their subject. Hence the title of the Volume. For good measure, vari ous other topics not coming under the terms of reference of Inter national Committees were added. Almost all of the authors invited responded favourably, and their studies are to be found in Part II, arranged in sections which have no other justification than the Editor's whim. It should be pointed out that Chairmen and/or Rapporteurs of International Committees wrote their articles a titre personnel and, therefore, cannot be deemed to express opinions held by their Com mittees as such. Part I contains the "other essays", dealing with the Association itself rather than with the present state of international law.
Author: Talia Einhorn
Publisher: T.M.C. Asser Press
ISBN: 9789067044158
Category : Law
Languages : en
Pages : 0
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Book Description
Dedicated to the memory of Peter E. Nygh (1933–2002), this book contains thirty original contributions authored by prominent private international law lawyers from all over the globe. Their themes include private international law, international litigation, arbitration, uniform law and European legal integration. Their treatises and approaches vary from thematic, in-depth studies to studies of a comparative nature. Born in Hamburg, Germany, and raised in the Netherlands and in Australia where his academic career started, Peter Nygh was one of the few scholars with an excellent knowledge of both the common law and civil law legal systems and an in-depth understanding of their differences and similarities. He was an indispensable member, promoter and leader in the International Law Association and the Hague Conference on Private International Law. Most of these papers are based on supranational experiences and aim to continue a comparative law-based analysis of problems so well applied by Nygh. Specific to this book: • Written in memory of Peter E. Nygh, a leading light in International Law • Examines the Hague Convention in a number of different ways, including its position on recognition and enforcement of foreign judgements and its view on Indirectly Held Securities • Features one chapter in French
