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Author: Andrea Bonomi
Publisher: Walter de Gruyter
ISBN: 3866539177
Category : Law
Languages : en
Pages : 649
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Book Description
The current rich volume of the Yearbook attempts to strike a balance in the multifaceted expressions of the increasing importance of private international law at national and supranational levels. The vitality of private international law within the European Union is evidenced by both legislative projects and the rich case law of the European Court of Justice. While the European Commission's draft for a Regulation on succession - which probably constitutes the most detailed and ambitious attempt ever to codify PIL in this area - begins its legislative process, a new initiative on the application of foreign law is being considered by the European institutions. Both of these developments are discussed in the Doctrine section. But the newest Yearbook of PIL also examines interesting developments taking place on other continents. For example, the present volume includes a special section focusing on Chinese PIL and reports on the renewed interest with conflict of laws in the U.S. doctrine.
Author: Andrea Bonomi
Publisher: Walter de Gruyter
ISBN: 3866539177
Category : Law
Languages : en
Pages : 649
Get Book Here
Book Description
The current rich volume of the Yearbook attempts to strike a balance in the multifaceted expressions of the increasing importance of private international law at national and supranational levels. The vitality of private international law within the European Union is evidenced by both legislative projects and the rich case law of the European Court of Justice. While the European Commission's draft for a Regulation on succession - which probably constitutes the most detailed and ambitious attempt ever to codify PIL in this area - begins its legislative process, a new initiative on the application of foreign law is being considered by the European institutions. Both of these developments are discussed in the Doctrine section. But the newest Yearbook of PIL also examines interesting developments taking place on other continents. For example, the present volume includes a special section focusing on Chinese PIL and reports on the renewed interest with conflict of laws in the U.S. doctrine.
Author: Petar Sarcevic
Publisher: sellier. european law publ.
ISBN: 3935808453
Category : Conflict of laws
Languages : en
Pages : 429
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Book Description
From 2005 on the Yearbook of Private International Law is published by S.ELP in cooperation with the Swiss Institute of Comparative Law. This English-language annual publication provides analysis and information on private international law developments world-wide. The Editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, The Hague Academy, UNCITRAL and UNIDROIT. The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners.
Author: Jürgen Basedow
Publisher: Mohr Siebeck
ISBN: 9783161495472
Category : Law
Languages : en
Pages : 468
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Book Description
The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.
Author: Petar Sarcevic
Publisher: Walter de Gruyter
ISBN: 3866537190
Category : Law
Languages : en
Pages : 479
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Book Description
Current Volume VIII (2006) of the Yearbook of Private International Law is arguably one of the most comprehensive collections of essays in English-language of our time: It presents the reader with a broad overview on the status and trends of private international law from the United States to India, from France to Tunisia, from England to China, from Latvia to Qatar, from Sweden to Japan. All main areas of law are addressed: among others, marriage, including same-sex marriage, adoption and protection of children, euthanasia and living wills, inheritance, contracts, torts, insolvency. Each of the four traditional steps of the “conflict process” is taken into account: adjudicatory jurisdiction, international cooperation and procedure, applicable law and its various incidents, recognition of foreign judgments. Practitioners will especially benefit from several contributions on international arbitration. Benefecial for: scholars, lawyers, judges, notaries, lawyers in law departments of international enterprises, legal libraries, working in the field of Private International Law.
Author: Richard Frimpong Oppong
Publisher: Cambridge University Press
ISBN: 0521199697
Category : Law
Languages : en
Pages : 559
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Book Description
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Author: Stellina Jolly
Publisher: Bloomsbury Publishing
ISBN: 1509966153
Category : Law
Languages : en
Pages : 827
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Book Description
This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.
Author: Alex Mills
Publisher: Cambridge University Press
ISBN: 1139479733
Category : Law
Languages : en
Pages : 463
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Book Description
A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.
Author: Jan-Jaap Kuipers
Publisher: Martinus Nijhoff Publishers
ISBN: 9004206728
Category : Law
Languages : en
Pages : 383
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Book Description
The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
Author: Paul Volken
Publisher: Walter de Gruyter
ISBN: 3866537204
Category : Law
Languages : en
Pages : 639
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Book Description
2007 was arguably the most extraordinary year in recent memory for the development of Private International Law. Reflecting the vitality and fluidity of a subject that is in constant motion, Volume IX of the Yearbook of Private International Law is again a very rich and multi-faceted book. An entire thematic section of this volume is devoted to the "Rome II" Regulation on the law applicable to non-contractual obligations, which was adopted by the EC institutions in July 2007. Being the first EC regulation on pure applicable law issues, this text opens up a new era in the process of creating a European PIL system. It deserved therefore a detailed commentary and analysis of its main provisions by experts from several EU States. Because of the interest that this European text presents for third party States, some distinguished scholars from non-European areas (the US, Japan, Latin America and Australia) were also asked to express their views on this important piece of Community legislation and the possible influence it may have on conflict developments in their respective countries and regions.
Author: Anselmo Reyes
Publisher: Bloomsbury Publishing
ISBN: 1509924272
Category : Law
Languages : en
Pages : 411
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Book Description
This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.
