Localisation of Damage in Private International Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Localisation of Damage in Private International Law PDF full book. Access full book title Localisation of Damage in Private International Law by Olivera Boskovic. Download full books in PDF and EPUB format.
Author: Olivera Boskovic
Publisher: BRILL
ISBN: 9004711872
Category : Law
Languages : en
Pages : 554
Get Book Here
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: Olivera Boskovic
Publisher: BRILL
ISBN: 9004711872
Category : Law
Languages : en
Pages : 554
Get Book Here
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: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280529137
Category : Law
Languages : en
Pages : 92
Get Book Here
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: Patrick J. Borchers
Publisher:
ISBN: 9781782544265
Category : Conflict of laws
Languages : en
Pages : 0
Get Book Here
Book Description
In an increasingly globalized and digitized world, transactions, communications and data flow freely across national borders. When lawsuits arise as a result of those trans-border events, the question of which court or courts have jurisdiction and can provide the appropriate forum becomes critical. This two-volume collection provides a survey of personal jurisdiction across both time and legal systems. It includes articles ranging from the early 20th century to present day and to the problems created by jurisdiction in cyberspace. It also examines the jurisdictional premises of major common law countries and those in the civilian tradition. With an original introduction by the editor, these comprehensive volumes will appeal to scholars and practitioners alike.
Author: Richard Frimpong Oppong
Publisher: Cambridge University Press
ISBN: 0521199697
Category : Law
Languages : en
Pages : 559
Get Book Here
Book Description
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Author: Kazuaki Nishioka
Publisher: Bloomsbury Publishing
ISBN: 1509924310
Category : Law
Languages : en
Pages : 321
Get Book Here
Book Description
This is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Richard Garnett
Publisher: OUP Oxford
ISBN: 0191629367
Category : Law
Languages : en
Pages : 496
Get Book Here
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: Pedro De Miguel Asensio
Publisher: Edward Elgar Publishing
ISBN: 1035315130
Category : Law
Languages : en
Pages : 561
Get Book Here
Book Description
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.
Author: Lilian Edwards
Publisher: Bloomsbury Publishing
ISBN: 184731712X
Category : Law
Languages : en
Pages : 574
Get Book Here
Book Description
This is the third edition of a successful book which offers students and practitioners an up-to-date overview of developments in Internet law and practice. The editors have once again assembled a team of specialist authors to write about those aspects of Internet law which are of special importance in the global regulation of the Internet and focussed around three principal themes- e-commerce, intellectual property, and privacy, data protection and cyber-crime with, in addition a major contribution on Internet Governance. This edition incorporates for the first time areas such as data protection, privacy and electronic surveillance, cyber crime and cyber security, jurisdiction and dispute resolution online. The sectionon IP contains clear and comprehensive analysis of the many and varied ways in which IP and the internet intersect including open source licenses and the IP problems around search engines. The new edition also takes account of all current cases and legislation, including the draft revised EC Telecoms Package and the Audio Visual Media Services Directive. This book will be essential reading for students, teachers and practitioners interested in Internet law and practice as well as technologists and social scientists. 'The book is easy to read, and...has been well edited...and flows smoothly through the various topics. ...the book provides a worthwhile overview of this developing area of law throughout the world.' Peter Walsh, International Trade Law Annual 'a thorough and stimulating survey. ...a good introduction for lawyers and students approaching Internet and e-commerce law for the first time, and a useful course text.' Brian Hutchinson, The Irish Jurist
Author: Andrea Bonomi
Publisher: BRILL
ISBN: 9004514856
Category : Law
Languages : en
Pages : 807
Get Book Here
Book Description
The open access publication of this book has been published with the support of the Swiss National Science Foundation. Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to crypto-assets, cryptocurrencies, crypto derivatives, stablecoins, Central Bank Digital Currencies and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights, secured transactions, smart contracts and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH) UNIDROIT.
