A Treatise on the Conflict of Laws PDF Download
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Author: Joseph Henry Beale
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 282
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Book Description
Author: Joseph Henry Beale
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 282
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Book Description
Author: John Westlake
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 438
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Book Description
Author: Winston Anderson
Publisher: Ian Randle Publishers
ISBN: 9768167386
Category : Conflict of laws
Languages : en
Pages : 339
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Book Description
Author: Chukwuma Okoli
Publisher: Bloomsbury Publishing
ISBN: 1509911146
Category : Law
Languages : en
Pages : 560
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Book Description
This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and legislators alike will find Private International Law in Nigeria an instructive and practical guide.
Author: Albert Armin Ehrenzweig
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 890
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Book Description
Author: Friedrich Karl von Savigny
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 640
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Book Description
Author: Albert Venn Dicey
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 1511
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Book Description
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: Francis Wharton
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 876
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Book Description
Author: Hazel Fox
Publisher: OUP Oxford
ISBN: 0191669768
Category : Law
Languages : en
Pages : 3290
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Book Description
The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
