Download or read book Confiscation in Private International Law written by Pieter Adriaanse and published by Springer. This book was released on 2013-11-11 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: was discussed by the Institut de Droit International at Siena 1 and recently, in 1954, it was the principal item of the meeting of the Netherlands Branch of the International Law Association 2. This study aims at contributing to the not too extensive literature on the subject. 11. BACKGROUND One cannot consider law and justice without considering at the same time the people whom they concern. And people again cannot be imagined without feelings, political and social views, and economic interests. The law could not exist without such a background. The history of various acts of confiscation in the twentieth century proves the enormous importance of the back ground underlying these problems. Russian confiscations are in the light of the Bolshevist doctrine only becoming intelligible of revolution; the M exicanization of the oil industry is in keeping with Mexican social development preceding it; the confiscations which took place in Germany under the Nazi regime must be understood as the outcome of a certain ideology; unfortunately confiscations due to operations in time of war are self-explana tory. A single school of thought governs each one alike: rights of individuals are considered of less and less importance. It was not by chance that the infringement of private property, notably in the great political upheavals, often went hand in hand with a dedining interest in the protection of the individual freedom. Where the state infringes the proprietary rights of individuals, it will even more readily do the same as regards personal freedom.
Download or read book Cheshire North and Fawcett written by Ugljesa Grusic and published by Oxford University Press, USA. This book was released on 2017-09-21 with total page 1584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including coverage of the Recast Brussels I Regulation which came into force in 2015. The book is invaluable for the practitioner as well as being one of the leading students' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law. It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by an expert team of academics, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts.
Download or read book Confiscation in Private International Law written by Pieter Adriaanse and published by . This book was released on 1956 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The International Law of Belligerent Occupation written by Yoram Dinstein and published by Cambridge University Press. This book was released on 2009-02-19 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.
Download or read book The Limits of Sovereignty written by Daniel W. Hamilton and published by University of Chicago Press. This book was released on 2008-09-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought? Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today’s view of more limited government power. Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.
Download or read book Extended Confiscation in Criminal Law written by Malin Thunberg Schunke and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the development of extended confiscation in criminal law. With its main focus on the framework of the European Union, national and international regimes on confiscation are viewed from a multi-faceted perspective.
Download or read book Stolen Asset Recovery written by and published by World Bank Publications. This book was released on 2009 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.
Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Asian Yearbook of International Law Volume 23 2017 written by Seokwoo Lee and published by BRILL. This book was released on 2019-12-16 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.
Download or read book Return of Alien Property written by United States. Congress. House. Committee on Ways and Means and published by . This book was released on 1926 with total page 1620 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Policy in Soviet Private International Law written by André Garnefsky and published by Springer. This book was released on 2013-11-21 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is based on original Russian sources, due atten tion being paid to some authoritative views advanced by foreign lawyers. Leaving aside the essentials of the work in the hope that they will speak for themselves; I should like to make some prelim inary remarks regarding the linguistic and other formal aspects. First of all it should be noted that many of the Soviet laws have already been translated into English either in the USSR itself or in Western countries. This fact is fully reflected in the bibliographical survey at the end of this study. Some laws have been translated both in the Soviet Union and abroad, as for instance the Fundamentals of Soviet Civil Legislation. In such a case I have used the translation made in the USSR even though linguistically it may be inferior to the translation made in the West. The author has translated only those legal provi sions of which no English translation was available. For transliteration, I have used the system of the Library of Congress of the USA without its diacritical marks. Further, a word should be said about the references in the notes. They are very brief and consist of the surnames of the authors concerned and if necessary an additional element, e. g.
Download or read book Alien Property Custodian Act written by United States. Congress. House. Committee on Interstate and Foreign Commerce and published by . This book was released on 1920 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Merchandise Misbranding Bills written by United States. Congress. House. Committee on Interstate and Foreign Commerce and published by . This book was released on 1920 with total page 1326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Policy and Private International Law written by Meyer, Olaf and published by Edward Elgar Publishing. This book was released on 2022-09-06 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.
Download or read book The International Law of Occupation written by Eyal Benvenisti and published by OUP Oxford. This book was released on 2012-02-23 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
Download or read book International Law written by Lassa Oppenheim and published by . This book was released on 1906 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt:
