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Author: Horatia Muir Watt,
Publisher: Edward Elgar Publishing
ISBN: 1788119231
Category : Administrative law
Languages : en
Pages : 637
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Book Description
Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.
Author: Horatia Muir Watt,
Publisher: Edward Elgar Publishing
ISBN: 1788119231
Category : Administrative law
Languages : en
Pages : 637
Get Book Here
Book Description
Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.
Author: Horatia Muir Watt
Publisher:
ISBN: 0198727623
Category : Law
Languages : en
Pages : 401
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Book Description
Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
Author: Paul Beaumont
Publisher: Bloomsbury Publishing
ISBN: 1509932097
Category : Law
Languages : en
Pages : 673
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Book Description
This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The guide is divided into 4 key sections. Theory Institutional and Conceptual Framework Issues Civil and Commercial Law (apart from Family Law) Family Law Each chapter is written by a leading expert(s). The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania. An essential resource for academics, practitioners and students alike.
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: Jeff Handmaker
Publisher: Cambridge University Press
ISBN: 1108497942
Category : History
Languages : en
Pages : 265
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Book Description
Critically explores how international law is mobilised, by global and local actors, to achieve or block global justice efforts.
Author: Veronica Ruiz Abou-Nigm
Publisher: Edinburgh University Press
ISBN: 1474447872
Category : Law
Languages : en
Pages : 418
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Book Description
No detailed description available for "Diversity and Integration in Private International Law".
Author: Geert van Calster
Publisher: Bloomsbury Publishing
ISBN: 1509942084
Category : Law
Languages : en
Pages : 531
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Book Description
This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.
Author: J. J. Fawcett
Publisher: Oxford Private International L
ISBN: 9780199666409
Category : Law
Languages : en
Pages : 0
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Book Description
1: Introduction 2: Human rights, private international law, and their interaction 3: The right to a fair trial 4: The right to a fair trial and jurisdiction under the EU rules 5: The right to a fair trial and recognition and enforcement of foreign judgments under the EU rules 6: The right to a fair trial and jurisdiction under national rules 7: The right to a fair trial and enforcement and recognition of foreign judgments under the traditional English rules 8: The right to a fair trial and private international law: Concluding remarks 9: The prohibition of discrimination and private international law 10: Freedom of expression and the right to respect for private life: International defamation and invasion of privacy 11: The right to marry, the right to respect for family life, the prohibition on discrimination and international marriage 12: Religious rights and recognition of marriage and extra-judicial divorce 13: Right to respect for family life and the rights of the child: International Child Abduction 14: Right to respect for private and family life and related rights: Parental status 15: The right to property, foreign judgments, and cross-border property disputes 16: Overall conclusions.
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: Tobias Lutzi
Publisher:
ISBN: 9780198865261
Category :
Languages : en
Pages : 272
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Book Description
Private International Law Online is a dedicated analysis of the private international law framework in the European Union as it applies to online activities such as content publishing, selling and advertising goods through internet marketplaces, or offering services that are performed online.It provides an insight into the history of internet regulation, and examines the interplay between substantive regulation and private international law in a transaction space that is inherently independent from physical borders.Lutzi investigates the current legal framework of the European Union from two angles: first questioning how the rules of private international law affect the effectiveness of substantive legislation, and then considering how the resulting legal framework affects individual internet users. The bookaddresses recent judgments like the Court of Justice's controversial decision in Glawischnig-Piesczek v Facebook, and the potential consequences of global injunctions, including the adverse effects on freedom of speech and the challenges of coordinating different national laws with regard to onlineplatforms. It also considers the European Union's new Copyright Directive, and the way private international law affects the ability of instruments such as this to create a coherent legal framework for online activities in the European Union.Based on this discussion, Lutzi advocates an alternative approach and sets out how reform might provide a more effective framework, and develops individual elements of the approach to propose new rules and how those rules might adapt to accommodate more recent phenomena and technologies.
