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Author: H. L. E. Verhagen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004641912
Category : Law
Languages : en
Pages : 480
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Book Description
The Hague Agency Convention is of great importance for every lawyer involved (or interested) in international business and finance. Its provisions become relevant whenever one is dealing with agency relationships in the broadest sense in an international context. Its scope is not confined to the `traditional' commercial agency relationships between principals and their agents, but extends to many other situations where agency takes place, both directly and indirectly. The rules of the Convention are applied to find the laws governing both the internal and external agency relationships in all areas of international business and finance. The Convention has currently been ratified by four states (the Netherlands, France, Portugal and Argentina), but several countries have enacted legislation inspired by it, for the interpretation of which the Convention may have significance. Moreover, now that it has entered into force (in 1992), it is not unlikely that it will be ratified by more states. Agency in Private International Law presents a detailed analysis of the Convention, with references to the laws of various jurisdictions. References to legal systems other than that of the Netherlands have been checked by local lawyers.
Author: H. L. E. Verhagen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004641912
Category : Law
Languages : en
Pages : 480
Get Book Here
Book Description
The Hague Agency Convention is of great importance for every lawyer involved (or interested) in international business and finance. Its provisions become relevant whenever one is dealing with agency relationships in the broadest sense in an international context. Its scope is not confined to the `traditional' commercial agency relationships between principals and their agents, but extends to many other situations where agency takes place, both directly and indirectly. The rules of the Convention are applied to find the laws governing both the internal and external agency relationships in all areas of international business and finance. The Convention has currently been ratified by four states (the Netherlands, France, Portugal and Argentina), but several countries have enacted legislation inspired by it, for the interpretation of which the Convention may have significance. Moreover, now that it has entered into force (in 1992), it is not unlikely that it will be ratified by more states. Agency in Private International Law presents a detailed analysis of the Convention, with references to the laws of various jurisdictions. References to legal systems other than that of the Netherlands have been checked by local lawyers.
Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190697571
Category : Law
Languages : en
Pages : 641
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Book Description
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
Author: Stefan Leible
Publisher: Kluwer Law International B.V.
ISBN: 9041159649
Category : Law
Languages : en
Pages : 415
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Book Description
European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.
Author: John Bassett Moore
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 828
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Book Description
Author: Aron Broches
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792329060
Category : Political Science
Languages : en
Pages : 568
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Book Description
Aron Broches is a Dutch international lawyer and official. He was present at the Bretton Woods Monetary and Financial Conference in 1944 and he started work at the World Bank in 1946, where he stayed for over 30 years. While there he created the mechanisms for the settlement of disputes between States and foreign investors leading to the formation of the International Centre for Settlement of Investment Disputes (ICSID) in 1967.
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: Chia-Jui Cheng
Publisher: Martinus Nijhoff Publishers
ISBN: 9004640479
Category : Law
Languages : en
Pages : 854
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Book Description
Author: Mark Moiseevich Boguslavskiĭ
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024736294
Category : Law
Languages : en
Pages : 280
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Book Description
A hands-on approach to the privatization process in Eastern Europe, divided into the following categories: Guidelines for Foreign Purchasers of State Enterprises A Business Survival Guide for Getting Things Done in Kiev Critical Challenges of Capital Formation The Greenfield Approach to Privatization Vouchers & their Practical Use Detailed Analysis of the Particulars of the Privatization Procedures in Russia, Ukraine, Poland, the Czech Republic & Slovakia, & Hungary. Furthermore, Privatization in Eastern Europe includes a list of all privatization laws.
Author: Franco Ferrari
Publisher: Edward Elgar Publishing
ISBN: 1789906903
Category : Law
Languages : en
Pages : 517
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Book Description
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
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.
