Download or read book Conflict of Laws As Taxonomy written by Frank Bates (LL. M.) and published by . This book was released on 2015-06-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict of Laws as Taxonomy: A New Approachoffers a unique analytical and doctrinal approach to the conflict of laws. Its purpose is to review and assess the traditionally accepted methodology and taxonomy used in the resolution of cross-jurisdictional matters and to suggest alternative ways in which such matters may be classified, with resulting practical application to the conduct of cross-border disputes. Format: Paperback The author of this text provides a fresh comparative approach towards key issues, as well as examining the various theories that have been devised to explain the ways in which different approaches have been justified. This comparative discussion highlights the strengths and weaknesses of particular jurisdictionsoÂeÂ(tm) treatment of the conflict of laws and uses this to develop an understanding of these differences. This is essential knowledge in preparing for the jurisprudential approach likely to be applied in those jurisdictions in overseas practice and litigation. Of particular relevance is the consideration of the divergence between courts in the United Kingdom (because of its membership of the EU), the United States (which has, for nearly 200 years pursued a more jurisprudential approach) and Australia. In the current environment of increasing globalisation, the book will be of great benefit to practitioners and litigators involved in cross-jurisdictional matters, while its scholarly and authoritative analysis will engage and inform researchers and students of conflict of laws, comparative law and jurisprudence. Features oÂeo Unique analytical and doctrinal approach to conflict of laws oÂeo Detailed comparative examination of the approaches across UK, US and Australian jurisdictions oÂeo Extensive review of case law Related LexisNexis Titles Davies, Bell & Brereton, NyghoÂeÂ(tm)s Conflict of Laws in Australia, 9th edition, 2014 Mortensen, Garnett & Keyes, Private International Law in Australia, 3rd edition, 2015
Download or read book Conflict of Laws written by Ronald Harry Graveson and published by . This book was released on 1974 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monograph on the conflict of laws in private international law - covers the problem of classification, the doctrine of renvoi, general principles of jurisdiction, the meaning of legal status and marital status, marriage settlement, contracts, negotiable instruments, wills, trusts, bankruptcy, tort, procedure, the recognition and enforcement of foreign judgments, etc. References.
Download or read book International Law and the Classification of Conflicts written by Elizabeth Wilmshurst and published by OUP Oxford. This book was released on 2012-08-02 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
Download or read book Characterization in the Conflict of Laws written by Arthur Henry Robertson and published by . This book was released on 1940 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: An attempt to explore both the theoretical & practical implications of characterization in the conflict of laws. Examines & criticizes the published views of a number of writers who have discussed the theoretical aspects of the problem; then review a variety of cases which have illustrated its practical significance.
Download or read book International Law and the Classification of Conflicts written by Elizabeth Wilmshurst and published by Oxford University Press. This book was released on 2012-08-02 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law separates international from non-international conflicts. This book discusses how this categorisation operates, identifying the legal questions raised. Case studies show how this impacts on issues like detention in armed conflict and the relationship between human rights and humanitarian law.
Download or read book The Conflict of Laws written by Ronald Harry Graveson and published by . This book was released on 1948 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Irresolvable Norm Conflicts in International Law written by Valentin Jeutner and published by Oxford University Press. This book was released on 2017 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.
Download or read book Principles of Conflict of Laws written by Abla J. Mayss and published by Routledge. This book was released on 1999 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a comprehensive analysis of the conflict of laws as applicable in English law. It seeks to introduce the subject to students by examining preliminary topics, such as when the rules come into play, the need for application, classification and connecting factors. It includes coverage of the rules on jurisdiction, choice of law in relation to contract, tort, property and damages; and full commentary on the law of domicile, family law and recognition and enforcement of judgments. English rules on conflict laws have undergone a number of important changes since the first edition and are reflected here. Changes include an extra chapter on foreign currency as well as an extended section in the chapter on choice of law in tort, in order to incorporate the changes brought about by Parts I and III of the Private International Law (Miscellaneous Provisions) Act 1995.
Download or read book Internationalized Armed Conflicts in International Law written by Kubo Macak and published by Oxford University Press. This book was released on 2018-07-12 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.
Download or read book Conflict of Laws written by Abla J. Mayss and published by Routledge. This book was released on 1997 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lecture Notes are a resource for those studying and teaching law. Aimed primarily at students taking undergraduate or CPE courses, each title of the series examines a particular field of the law, with chapters for each of the major topics within the subject. Each chapter ends with a summary sheet giving an overview of the issues discussed. seeks to introduce students to the subject by examining preliminary topics such as when the rules come into play, the need for application, classification and connecting factors. It includes coverage on the rules on jurisdiction, choice of law in relation to contract, tort, property and damages; and full commentary on the law of domicile, family law and recognition and enforcement of judgements.
Download or read book A Taxonomy of Armed Conflict written by Marko Milanovic and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With some relatively minor exceptions international humanitarian law (IHL) applies only when a certain threshold is met: the existence of an armed conflict or belligerent occupation. The purpose of this chapter is to explore the many difficulties surrounding the classification of armed conflicts in modern IHL. While the two main archetypes - international armed conflict (IAC) and non-international armed conflict (NIAC) - are reasonably clear in their basic forms, their boundaries are complex and obscure. Many recent conflicts do not fit the classical archetypes well, provoking debates on spill-over, internationalized, mixed or hybrid and even transnational armed conflicts. The chapter strives to show that there are some differences between IACs and NIACs that cannot be erased simply by reasoning from analogy or from moral imperative, and that therefore the classification of armed conflict is an issue that matters and will continue to matter for the considerable future. The principal goal of the chapter is clarity, clarity in a conceptual and doctrinal framework which can enable legal and policy debates to be properly had and argued without their participants talking past each other. In attempting to advance such clarity, the chapter discusses the framework of war and peace in classical international law, the conceptual revolution brought about by the aftermath of the Second World War, and finally the modern law, by developing a comprehensive taxonomy of armed conflict.
Download or read book Understanding Conflict of Laws written by William M. Richman and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Policy and Pragmatism in the Conflict of Laws written by Michael J. Whincop and published by Routledge. This book was released on 2018-02-06 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.
Download or read book Conflict of Laws and International Finance written by Philip R. Wood and published by Sweet & Maxwell. This book was released on 2007 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an exposition of 100 of the major cases, which have either created or illustrate well, the legal system as we know it today. The cases have been chosen primarily for illustrating important points of law in a large variety of legal disciplines
Download or read book International Law and Armed Conflict written by Lauroe R. Blank and published by Aspen Publishing. This book was released on 2021-07-30 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. International Law and Armed Conflict: Fundamental Principles and Contemporary Challenges in the Law of War uses vivid stories and cases to bring basic principles of law and current challenges to life in the classroom. With over 50 years’ combined experience and expertise teaching and working in the military, think tanks, nongovernmental organizations, and academia, Laurie R. Blank and Gregory P. Noone create a complete framework for understanding the law and policy applicable in times of armed conflict, tying in coverage of human rights and national security law. New to the Second Edition: New technologies and the law of armed conflict, including cyber, unmanned aerial vehicles, and autonomous weapons systems The conflict in Syria, including ISIS, genocide, and chemical weapons attacks Humanitarian assistance and the challenges of protecting the civilian population in urban conflicts Contemporary debates regarding detention in non-international armed conflict, human rights law, and targeted killing Key benefits for professors and students: Real-life stories, vignettes, and hypothetical scenarios bring focused energy to analysis and discussion of front-page issues Basic legal principles and policy inform and frame contemporary issues, as well as tomorrow’s unanswered questions and challenges Protection of civilians Contemporary weapons—lethal autonomous weapons, cyber operations, outer space Conflicts with terrorist groups Integrated coverage of related fields, such as human rights and national security law, provides a more complete picture of the legal paradigm that applies to armed conflict
Download or read book Preclassical Conflict of Laws written by Nikitas E. Hatzimihail and published by Cambridge University Press. This book was released on 2021-07-22 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: To better appreciate present-day private international law and its future prospects and challenges, we should consider the history and historiography of the field. This book offers an original approach to the study of conflict of laws and legal history that exposes doctrinal lawyers to historical context, and legal historians to the intricacies of legal doctrine. The analysis is based on an in-depth examination of Medieval and Early Modern conflict of laws, focusing on the classic texts of Bartolus and Huber. Combining theoretical insights, textual analysis and historical perspectives, the author presents the preclassical conflict of laws as a rich world of doctrines and policies, theory and practice, context and continuity. This book challenges preconceptions and serves as an advanced introduction which illustrates the relevance of history in commanding private international law, while aspiring to make private international law relevant for history.
Download or read book Conflict of Interest in Medical Research Education and Practice written by Institute of Medicine and published by National Academies Press. This book was released on 2009-09-16 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collaborations of physicians and researchers with industry can provide valuable benefits to society, particularly in the translation of basic scientific discoveries to new therapies and products. Recent reports and news stories have, however, documented disturbing examples of relationships and practices that put at risk the integrity of medical research, the objectivity of professional education, the quality of patient care, the soundness of clinical practice guidelines, and the public's trust in medicine. Conflict of Interest in Medical Research, Education, and Practice provides a comprehensive look at conflict of interest in medicine. It offers principles to inform the design of policies to identify, limit, and manage conflicts of interest without damaging constructive collaboration with industry. It calls for both short-term actions and long-term commitments by institutions and individuals, including leaders of academic medical centers, professional societies, patient advocacy groups, government agencies, and drug, device, and pharmaceutical companies. Failure of the medical community to take convincing action on conflicts of interest invites additional legislative or regulatory measures that may be overly broad or unduly burdensome. Conflict of Interest in Medical Research, Education, and Practice makes several recommendations for strengthening conflict of interest policies and curbing relationships that create risks with little benefit. The book will serve as an invaluable resource for individuals and organizations committed to high ethical standards in all realms of medicine.
