Nygh's Conflict of Laws in Australia

Nygh's Conflict of Laws in Australia PDF Author: Martin Davies
Publisher:
ISBN: 9780409325805
Category : Conflict of laws
Languages : en
Pages : 895

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Book Description
The eighth edition of Nygh's Conflict of Laws in Australia provides an authoritative and comprehensive coverage of the three main areas of private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments and arbitral awards. The section on jurisdiction and procedure has been expanded to reflect the increased significance in practice of disputes in those areas. The text also covers the legislation and civil procedure rules of all Australian jurisdictions as well as important common law developments.

Nygh's Conflict of Laws in Australia

Nygh's Conflict of Laws in Australia PDF Author: Martin Davies
Publisher:
ISBN: 9780409325805
Category : Conflict of laws
Languages : en
Pages : 895

Get Book Here

Book Description
The eighth edition of Nygh's Conflict of Laws in Australia provides an authoritative and comprehensive coverage of the three main areas of private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments and arbitral awards. The section on jurisdiction and procedure has been expanded to reflect the increased significance in practice of disputes in those areas. The text also covers the legislation and civil procedure rules of all Australian jurisdictions as well as important common law developments.

Nygh's Conflict of Laws in Australia

Nygh's Conflict of Laws in Australia PDF Author: Martin Davies
Publisher:
ISBN: 9780409332117
Category : Conflict of laws
Languages : en
Pages : 0

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Book Description
Nygh's Conflict of Laws in Australia provides authoritative and comprehensive coverage of the three main areas of private international law: jurisdiction, choice of law and recognition and enforcement of foreign judgments and arbitral awards.The wide-ranging subject matter includes international commercial dealings and other civil obligations, administration of estates and succession, international child abduction, adoption, proof of foreign law, and the recognition of same-sex marriages. It covers the legislation and civil procedure rules of all Australian jurisdictions as well as important common law developments.The ninth edition has been comprehensively revised and updated. It includes discussion and analysis of many new cases, reflecting the growth of litigation involving international elements, particularly in areas of arbitration, enforcement of foreign judgments and cross border insolvency. Legislative changes include Australia's ratification of the Hague Service Convention in late 2010 and the enactment of the Trans-Tasman Proceedings Act 2010 (Cth) and the Australian Consumer Law.The clear explanations of complex concepts make Nygh's Conflict of Laws in Australia an ideal text for both legal practitioners and students of conflict of laws or private international law.Features• Authoritative, reliable content• Complex concepts clearly explained• Expanded content includes maritime law under international Arbitration Act, the nature of marriage, including polygamous and same-sex marriages and information technology across jurisdictions.Related TitlesMortensen, Garnett and Keyes, Private International Law in Australia, 2011

Private International Law and the Internet

Private International Law and the Internet PDF Author: Dan Jerker B. Svantesson
Publisher: Kluwer Law International B.V.
ISBN: 9403511133
Category : Law
Languages : en
Pages : 760

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Book Description
In this, the fourth edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five fundamental questions: When should a lawsuit be entertained by the courts? Which state’s law should be applied? When should a court that can entertain a lawsuit decline to do so? How wide ‘scope of jurisdiction’ should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another? Professor Svantesson identifies and investigates twelve characteristics of Internet communication that are relevant to these questions and then proceeds with a detailed discussion of what is required of modern private international law rules. Focus is placed on several issues that have far-reaching practical consequences in the Internet context, including the following: cross-border defamation; cross-border business contracts; cross-border consumer contracts; and cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of jurisdictions, including Australia, England, Hong Kong SAR, the United States, Germany, Sweden, and China, as well as in a range of international instruments. There is also a chapter on advances in geo-identification technologies and their special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts, as well as a set of practical checklists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson’s book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this complex and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable private international law rules for communication via the Internet.

Contemporary Problems in the Conflict of Laws

Contemporary Problems in the Conflict of Laws PDF Author: Kenneth R. Simmonds
Publisher: BRILL
ISBN: 9789028607484
Category : Law
Languages : en
Pages : 316

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Book Description


Nygh's Conflict of Laws in Australia

Nygh's Conflict of Laws in Australia PDF Author: Martin Davies
Publisher:
ISBN: 9780409349207
Category :
Languages : en
Pages :

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Book Description
Nygh¿s Conflict of Laws in Australia, 10th Edition is the leading text provides authoritative and comprehensive coverage of the three main areas of private international law: jurisdiction, choice of law and recognition and enforcement of foreign judgments and arbitral awards. The wide-ranging subject matter includes international commercial dealings and other civil obligations, administration of estates and succession, international child abduction, adoption, proof of foreign law, and the recognition of same-sex marriages. It covers the legislation and civil procedure rules of all Australian jurisdictions as well as important common law developments. The clear explanations of complex concepts make Nygh¿s Conflict of Laws in Australia ideal for both legal practitioners and students of conflict of laws or private international law. The tenth edition has been comprehensively revised and updated. It includes discussion and analysis of significant developments in the field, including: ¿ expanded discussion of the definition of marriage, following Commonwealth v Australian Capital Territory (2013); ¿ the implications of the Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) ¿ recent changes to the Uniform Civil Procedure Rules regarding service outside of the jurisdiction, now reflected in the rules of many Australian jurisdictions; ¿ confirmation of principles on arbitration and jurisdiction agreements by Rinehart v Hancock Prospecting Pty Ltd (2019); ¿ recent case developments in respect of foreign state immunity, including Firebird Global Master Fund II Ltd v Republic of Nauru (2015); ¿ the interaction between choice-of-law clauses and forum statutes, including treatment of the Australian Consumer Law in Valve Corporation v Australian Competition and Consumer Commission (2017); and ¿ clarification of principles on foreign maritime liens in Ship Sam Hawk v Reiter Petroleum Inc (2016).

Australian Private International Law for the 21st Century

Australian Private International Law for the 21st Century PDF Author: Andrew Dickinson
Publisher: Bloomsbury Publishing
ISBN: 178225529X
Category : Law
Languages : en
Pages : 462

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Book Description
A nation's prosperity depends not only on the willingness of its businesses to export goods and services, and of its citizens and residents to travel to take advantage of opportunities overseas, but also on the willingness of the businesses and citizens of other nations to cross the nation's borders to do business. Economic expansion, and parallel increases in tourism and immigration, have brought Australians more frequently into contact with the laws and legal systems of other nations. In particular, in recent years, trade with partners in the Asia-Pacific Region has become increasingly important to the nation's future. At the same time, Australian courts are faced with a growing number of disputes involving foreign facts and parties. In recognition of these developments, and the need to ensure that the applicable rules meet the needs both of transacting parties and society, the Attorney-General's Department launched in 2012 a full review of Australian rules of private international law. This collection examines the state and future of Australian private international law against the background of the Attorney-General's review. The contributors approach the topic from a variety of perspectives (judge, policy maker, practitioner, academic) and with practical and theoretical insights as to operation of private international law rules in Australia and other legal systems. This title is included in Bloomsbury Professional's International Arbitration online service.

General Problems of Private International Law

General Problems of Private International Law PDF Author: O Kahn-Freund
Publisher: Martinus Nijhoff Publishers
ISBN: 9004641807
Category : Law
Languages : en
Pages : 346

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Book Description


Commercial Issues in Private International Law

Commercial Issues in Private International Law PDF Author: Michael Douglas
Publisher: Bloomsbury Publishing
ISBN: 150992289X
Category : Law
Languages : en
Pages : 409

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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.

Foreign Relations Law

Foreign Relations Law PDF Author: Campbell McLachlan
Publisher: Cambridge University Press
ISBN: 0521899850
Category : Law
Languages : en
Pages : 665

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Book Description
The first modern study of the law governing the external exercise of public power in the UK and the Commonwealth.

Recueil des Cours, Collected Courses, Volume 220 (1990-I)

Recueil des Cours, Collected Courses, Volume 220 (1990-I) PDF Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792310778
Category : Law
Languages : en
Pages : 414

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Book Description
The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: - Reform, but not Revolution. General Course on Private International Law, by Peter M. NORTH - Questions de droit international priv et dommages catastrophiques, par Tito BALLARINO.