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Author: Patrick J. Borchers
Publisher:
ISBN: 9781782544265
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
In an increasingly globalized and digitized world, transactions, communications and data flow freely across national borders. When lawsuits arise as a result of those trans-border events, the question of which court or courts have jurisdiction and can provide the appropriate forum becomes critical. This two-volume collection provides a survey of personal jurisdiction across both time and legal systems. It includes articles ranging from the early 20th century to present day and to the problems created by jurisdiction in cyberspace. It also examines the jurisdictional premises of major common law countries and those in the civilian tradition. With an original introduction by the editor, these comprehensive volumes will appeal to scholars and practitioners alike.
Author: Patrick J. Borchers
Publisher:
ISBN: 9781782544265
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
In an increasingly globalized and digitized world, transactions, communications and data flow freely across national borders. When lawsuits arise as a result of those trans-border events, the question of which court or courts have jurisdiction and can provide the appropriate forum becomes critical. This two-volume collection provides a survey of personal jurisdiction across both time and legal systems. It includes articles ranging from the early 20th century to present day and to the problems created by jurisdiction in cyberspace. It also examines the jurisdictional premises of major common law countries and those in the civilian tradition. With an original introduction by the editor, these comprehensive volumes will appeal to scholars and practitioners alike.
Author: Cedric Ryngaert
Publisher:
ISBN: 0199688516
Category : Law
Languages : en
Pages : 273
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Book Description
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author: Richard Frimpong Oppong
Publisher: Cambridge University Press
ISBN: 0521199697
Category : Law
Languages : en
Pages : 559
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Book Description
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Author: Horatia Muir Watt,
Publisher: Edward Elgar Publishing
ISBN: 1788119231
Category : Administrative law
Languages : en
Pages : 637
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Book Description
Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.
Author: Michael Douglas
Publisher: Bloomsbury Publishing
ISBN: 1509922881
Category : Law
Languages : en
Pages : 433
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Book Description
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.
Author: Peter Hay
Publisher:
ISBN: 9781634593083
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
•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.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280529137
Category : Law
Languages : en
Pages : 92
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Book Description
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.
Author: Kriangsak Kittichaisaree
Publisher: Routledge
ISBN: 1000471330
Category : Law
Languages : en
Pages : 314
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Book Description
Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the ‘Rohingya’, normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising ‘universal jurisdiction’ in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court. The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields.
Author: Winston Anderson
Publisher: Ian Randle Publishers
ISBN: 9768167386
Category : Conflict of laws
Languages : en
Pages : 339
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Book Description
Author: Adrian Briggs
Publisher: Oxford Private International L
ISBN: 9780199282302
Category : Law
Languages : en
Pages : 0
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Book Description
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.
