Private International Law in Common Law Canada PDF Download
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Author: Marvin G. Baer
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 936
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Book Description
Author: Marvin G. Baer
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 936
Get Book Here
Book Description
Author: Louise Bélanger-Hardy
Publisher:
ISBN: 9780459257118
Category : Civil law
Languages : en
Pages : 0
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Book Description
Author: Alex Mills
Publisher: Cambridge University Press
ISBN: 1139479733
Category : Law
Languages : en
Pages : 463
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Book Description
A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.
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: Mary Keyes
Publisher: Springer Nature
ISBN: 3030239144
Category : Law
Languages : en
Pages : 528
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Book Description
This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.
Author: Richard Garnett
Publisher: OUP Oxford
ISBN: 0191629367
Category : Law
Languages : en
Pages : 496
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Book Description
When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.
Author: Jean Gabriel Castel
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 840
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Book Description
Author: James J. Fawcett
Publisher: Oxford University Press
ISBN: 019955658X
Category : Law
Languages : en
Pages : 1056
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Book Description
This volume examines the protection and exploitation of intellectual property rights, along with international problems relating to which court has jurisdiction and which is the relevant law in foreign cases and judgments.
Author: Poomintr Sooksripaisarnkit
Publisher: Springer Nature
ISBN: 9811684804
Category : Law
Languages : en
Pages : 287
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Book Description
This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes—Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.
Author: Stephen G. A. Pitel
Publisher: Irwin Law
ISBN: 9781552214367
Category :
Languages : en
Pages : 584
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Book Description
Stephen Pitel and Nicholas Rafferty have written a highly readable, thoughtful treatise that explains and analyzes the rules of the conflict of laws in force in Canada in a clear and concise manner. Understanding the conflict of laws allows lawyers, judges, scholars, and students to better address any legal situation that crosses borders.
