Landmark Cases in Private International Law PDF Download
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Author: William Day
Publisher: Bloomsbury Publishing
ISBN: 1509952659
Category : Law
Languages : en
Pages : 499
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Book Description
This collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law – legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey – have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.
Author: William Day
Publisher: Bloomsbury Publishing
ISBN: 1509952659
Category : Law
Languages : en
Pages : 499
Get Book Here
Book Description
This collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law – legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey – have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.
Author: Alison Harcourt
Publisher: Oxford University Press
ISBN: 0192899392
Category : Political Science
Languages : en
Pages : 289
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Book Description
The Digital Single Market (DSM) 2014-19 was the largest component of the European Union's Single Market programme, comprising numerous Directives, Regulations, and instruments aimed at facilitating cross-border digital services. With one-fifth of service exports stemming from the digital sector, the DSM was vital for the UK, with the EU representing its largest export market. Brexit and the Digital Single Market examines the important historical role of the UK in DSM development, the consequences of Brexit for the UK's digital sector, and future EU and UK policy trajectories. Assessing both vertical sectors and horizontal policies, this book demonstrates how the UK acted as a policy entrepreneur in pushing for a deregulatory framework by exploiting temporal events historically. The current challenges presented by Brexit are discussed in detail, closely observing topics such as the loss of the country of origin principle and freedom of movement, changes to copyright and VAT regimes, complications with cross-border data transfer, administrative procedures, and international taxes on digital products and services. Brexit and the Digital Single Market illuminates how the UK continues to innovate in the digital sector but is constrained by external factors both at EU and global levels. It also considers how EU policy is taking a new direction in its 2020 Digital Strategy programme, which leans towards greater protection of European champions and digital sovereignty, a tightening of its data protection regime, and greater regulatory intervention in digital markets. Timely and unprecedented, Brexit and the Digital Single Market is the first volume to comprehensively cover the implications of Brexit for the EU's DSM. This is an essential read for students and academics in political science and law and those from the civil service and government working within the digital sector.
Author: Brendan McGurk
Publisher: Edward Elgar Publishing
ISBN: 1035300885
Category : Law
Languages : en
Pages : 439
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Book Description
This incisive book examines the extent to which existing UK financial service regulations can be applied to digital assets and decentralised financial services provided by distributed networks. Brendan McGurk and Stefan Reichenbach consider the wider legal issues beyond regulatory enforcement, attributable to the use of distributed ledger technology based financial services.
Author: Adrian Briggs
Publisher: Taylor & Francis
ISBN: 1000353532
Category : Law
Languages : en
Pages : 1334
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Book Description
Now in a fully updated seventh edition, this book remains an established treatise in the field of civil jurisdiction and judgments. It aims to make a full and complete statement of English law on civil jurisdiction and the effect of foreign judgments against the backdrop of significant uncertainty about the consequence of Brexit on the law of civil jurisdiction and judgments. The book looks in detail at: the law after the Brussels Regulation has ceased to operate as part of English law; the substance of the Lugano Convention, which the government hopes to join; the incorporation of the 2005 Hague Convention on Choice of Court Agreements into English law, and developments in the common law rules of jurisdiction, injunctions, and foreign judgments. This text aims to be an authoritative and comprehensive reference for all legal practitioners working in commercial law across jurisdictions as well as the judiciary.
Author: David Ashton
Publisher: Edward Elgar Publishing
ISBN: 180220928X
Category : Law
Languages : en
Pages : 589
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Book Description
Competition Damages Actions in the EU and the UK is the clearest and most coherent reference point on damages actions for breach of EU competition law.
Author: Paul Lambert
Publisher: Bloomsbury Publishing
ISBN: 152651785X
Category : Computers
Languages : en
Pages : 686
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Book Description
The free flow of information and services around the world via the Internet constantly creates new issues and problems, such as rules of jurisdiction and applicable law, how new products and services should be regulated and many more. The sixth edition is updated with numerous new practical examples, cases (court cases and ICO complaint cases), laws and developments, including the following: · new Brexit legislation across all areas from January 2021 (post Brexit on 31 December 2020); · new Data Protection Act replacing Data Protection Act 2018; · new ePrivacy Regulations (PECR); · new ePrivacy Regulation (EU); · transition of EU registered trade marks and designs into new UK IP rights from 1 January 2021 creating new UK IP rights and new UK rightsholders; · changes in seeking IP protection in EU for UK residents; · changes in UK rightsholders seeking to take infringement actions outside of UK; · status of unregistered IP rights post Brexit; · different impacts on different IP rights; · status of UK commercial contracts, interpretation, and enforceability, · status of pre-existing contracts created prior to Brexit and which refer to EU and UK being in EU; · status, extent and scope of new contracts after Brexit; · UK torts and insurance law as impacted by Brexit; · changes in crime, data retention and international issues; · taxation changes, international relations, international Treaties, and EU · competition, internet, and regulator changes – including Brexit; · new UK caselaw; · news UK regulator cases, decision, sanctions and fines; · new EU caselaw. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.
Author: GREAT BRITAIN.
Publisher:
ISBN: 9780348212686
Category :
Languages : en
Pages : 16
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Book Description
Enabling power: European Union (Withdrawal) Act 2018, ss. 8(1), 8B, sch. 7, para. 21. Issued: 12.10.2020. Sifted: -. Made: -. Laid: -. Coming into force: I accord. with reg. 1. Effect: S.I. 1985/754 (N.I. 5); 2019/469, 479, 517, 519, 834 amended. Territorial extent & classification: E/W/S/NI. This Statutory Instrument has been printed in consequence of a defect in S.I. 2019/479, in S.I. 2019/517 and in S.I. 2019/519 and is being issued free of charge to all known recipients of those Statutory Instruments. For approval by resolution of each House of Parliament
Author: Olivera Boskovic
Publisher: BRILL
ISBN: 9004711872
Category : Law
Languages : en
Pages : 554
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Book Description
Localisation in private international law of torts is a notoriously difficult question. How do you localize financial or moral damage? What about latent damage? Should damage in the context of cyber-torts be localized differently? The great variety of tortious actions gives rise to endless difficulties ranging from banal situations involving material damage to climate change. Trying to find suitable solutions requires answering many difficult questions, such as the very definition of damage within the meaning of private international law rules, the influence of various considerations such as foreseeability, protection of the claimant, and the remedy sought. The contributions in this volume address these questions and more from the perspectives of 17 different countries, from Austria to Venezuela.
Author: Justin Borg-Barthet
Publisher: Bloomsbury Publishing
ISBN: 1509956654
Category : Law
Languages : en
Pages : 271
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Book Description
This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world to address a wide spectrum of subject matter in the discipline. It offers substantial new insights into our understanding of private international law from theory to practice. The contributions in the book analyse a variety of conceptual and substantive problems in private international law and consider current developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across a range of longstanding issues on which there is insufficient scholarly analysis. These include contemporary problems of great political importance, such as environmental protection, gender-based discrimination, asymmetries of private power, and the proper delineation of public and private intervention. The authors also address emerging problems in commercial law, such as cryptocurrencies, longstanding definitional concerns in family law, and broader emerging systemic concerns, such as the treatment of authentic instruments and the place of human rights protection in global supply chains. The book is a valuable resource for the judiciary, legal practitioners, policy makers, and scholars and students of private international law.
Author: Christopher Hare
Publisher: Oxford University Press
ISBN: 0192596675
Category : Law
Languages : en
Pages : 384
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Book Description
Trade Finance provides a much-needed re-examination of the relevant legal principles and a study of the challenges posed to current legal structures by technological changes, financial innovation, and international regulation. Arising out of the papers presented at the symposium, Trade Finance for the 21st Century, this collection brings together the perspectives of scholars and practitioners from around the globe focusing on core themes, such as reform and the future role of the UCP, the impact of technology on letters of credit and other forms of trade finance, and the rise of alternative forms of financing. The book covers three key fields of trade finance, starting with the challenges to traditional trade financing by means of documentary credit. These include issues related to contractual enforceability, the use of "soft clauses", the doctrine of strict compliance, the fraud exception, the role of the correspondent bank, performance bonds, and conflict of laws problems. The second main area covered by the work is the technological issues and opportunities in trade finance, including electronic bills of exchange, blockchain, and electronically transferable records. The final part of the work considers alternative and complementary trade finance mechanisms such as open account trading, supply-chain financing, the bank payment obligation, and countertrade.
