Download or read book Essays in Private International Law written by Peter Machin North and published by Oxford University Press. This book was released on 1993 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nine essays collected here, some originally delivered as lectures, others written as law journal articles, have all appeared over the past fifteen years. They examine issues of topical importance in the three traditional areas of private international law: the jurisdiction of the courts, choice of the applicable law, and the recognition of foreign judgments. These areas are discussed with reference to a wide range of subject issues, in particular contract, tort, family law, and some aspects of property law. A major theme is reform and change, not only within the United Kingdom, but also as a consequence of developments within the European Community and in the light of proposals in the U.S. and worldwide.
Download or read book Essays on Private Law written by Ian F.G. Baxter and published by University of Toronto Press. This book was released on 1966-12-15 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a series of essays on conflict laws, including jurisdiction of the courts, choice of law, renvoi, property, recognition of family status, and recognition of foreign corporations. It is not a text-book, but an analysis and criticism of existing principles with recommendations for reform and for a different approach to the subject. In general, an approach is advocated that will be simpler and less abstract and doctrinaire than at present, and better integrated with the ordinary laws of the forum. The recommendations made could be thought of as principles on which to build a reform of conflict of laws or a model code. The first two chapters deal with jurisdiction and choice of law, two distinct topics, with different considerations of policy, which have not always been kept distinct by judges and text writers. The third chapter considers certain questions of legal interpretation, mainly in the construction of money obligations expressed in a foreign currency. This shows a working out of the problems of contract analysis and interpretation which are dealt with more generally in other chapters. Another chapter discusses property law, a branch of the law which has been influenced, historically, by the doctrine of situs, and the recognition of status in family law and in corporation law. The concluding chapter draws together the main results of the preceding discussion and states from basic principles, one of which is that there is a need “for greater unity between the conflict rules and the general law,” and for “allowing, where appropriate, the influence of legal systems other than that of the forum.” Professor Baxter’s discussion clearly shows that the complexity of current legal theory can lead to unjust rulings in the courts, and his case for greater simplification is argued compellingly.
Download or read book Selected Essays written by Aron Broches and published by BRILL. This book was released on 2023-11-27 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Essays in International Litigation and the Conflict of Laws written by Lawrence Antony Collins and published by Oxford University Press. This book was released on 1996 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawrence Collins, a leading international lawyer, has made a profound contribution to the study and understanding of the Conflict of Laws in England during the past twenty years. He has successfully combined his practice in one of London's leading law firms with unparalleled academic achievement. This volume combines a number of his most widely acclaimed and influential articles on important aspects of the Conflict of Laws, including a reprint of his fascinating 1992 Hague Academy Lectures entitled "Provisional and Protective Measures in International Litigation." Collins has updated and written introductory prefaces for each article to outline the most important subsequent developments since their original publication. Scholarly and incisive, these essays will be compulsory reading for all academics and practitioners interested in international litigation.
Download or read book Essays on International Law and Practice written by Shabtai Rosenne and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects papers written by Shabtai Rosenne in the course of his distinguished career on various topics, primarily in the areas in which he is best known for his expertise: international litigation and courts, the law of treaties, the law of the sea and state responsibility. His writing on fact-finding before the International Court of Justice, treaty succession, codification and the framework agreement as the basis for the jurisdiction of the ICJ in particular remain as interesting, timely and essential today as when they were first written. The collection is accompanied by a table of cases, a table of treaties and an index for easy reference.
Download or read book Essays on International Law and Organization written by Leo Gross and published by BRILL. This book was released on 1984 with total page 628 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two volume work is a collection of scholarly essays on a wide ranging set of international law topics written over the past forty years.
Download or read book Select Essays on Private International Law written by Lakshmi Jambholkar and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Courts and the Development of International Law written by Nerina Boschiero and published by Springer Science & Business Media. This book was released on 2013-03-15 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.
Download or read book Selected Essays on the Conflict of Laws written by Friedrich Juenger and published by BRILL. This book was released on 2021-10-25 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Friedrich K. Juenger on the conflict of laws is always worth attending to. Rejecting the "conventional wisdom" that prevails in the field, he sees the conflict of laws not as a discipline devoid of substantive values but as a powerful catalyst for multistate justice. Here is a wide-ranging collection of essays on a variety of problems posed by transactions that transcend state and national borders. The essays include a comparison of jurisdiction issues in the United States and the European Communities, opinions on forum shopping, a critique of interest analysis techniques, and a plea for a comparative approach to choice-of-law issues. Invaluable studies in the extraterritorial application of United States antitrust law, recognition of foreign money judgments and divorces, and regional conventions round out the collection. Published under the Transnational Publishers imprint.
Download or read book Intercontinental Cooperation Through Private International Law written by Talia Einhorn and published by T.M.C. Asser Press. This book was released on 2004-10-21 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dedicated to the memory of Peter E. Nygh (1933–2002), this book contains thirty original contributions authored by prominent private international law lawyers from all over the globe. Their themes include private international law, international litigation, arbitration, uniform law and European legal integration. Their treatises and approaches vary from thematic, in-depth studies to studies of a comparative nature. Born in Hamburg, Germany, and raised in the Netherlands and in Australia where his academic career started, Peter Nygh was one of the few scholars with excellent knowledge of both the common law and civil law legal systems and an in-depth understanding of their differences and similarities. He was an indispensable member, promoter and leader in the International Law Association and the Hague Conference on Private International Law. Most of these papers are based on supranational experiences and aim to continue a comparative law-based analysis of problems so well applied by Nygh.
Download or read book Intercontinental Cooperation Through Private International Law written by Talia Einhorn and published by T.M.C. Asser Press. This book was released on 2011-08-27 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dedicated to the memory of Peter E. Nygh (1933–2002), this book contains thirty original contributions authored by prominent private international law lawyers from all over the globe. Their themes include private international law, international litigation, arbitration, uniform law and European legal integration. Their treatises and approaches vary from thematic, in-depth studies to studies of a comparative nature. Born in Hamburg, Germany, and raised in the Netherlands and in Australia where his academic career started, Peter Nygh was one of the few scholars with excellent knowledge of both the common law and civil law legal systems and an in-depth understanding of their differences and similarities. He was an indispensable member, promoter and leader in the International Law Association and the Hague Conference on Private International Law. Most of these papers are based on supranational experiences and aim to continue a comparative law-based analysis of problems so well applied by Nygh.
Download or read book The Present State of International Law and Other Essays written by Maarten Bos and published by Springer. This book was released on 2013-11-22 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: In October I873, as every Conference Report recalls, the Associ ation for the Reform and Codification of the Law of Nations was founded in Brussels (Belgium). At the Brussels Conference of I895 the Association's name was changed and ever since it has been "The International Law Association". On August 30 and 3I and September I, I973, a Centenary Cele bration will be held in the Association's place of birth. In the course of preparations made for this triduum, plans were also laid by the Executive Council for a Centenary Volume to mark the event. The formula adopted for the book was mostly based on contributions by Chairmen and/or Rapporteurs of International Committees of the Association who were asked to shed light on "the present state" of their subject. Hence the title of the Volume. For good measure, vari ous other topics not coming under the terms of reference of Inter national Committees were added. Almost all of the authors invited responded favourably, and their studies are to be found in Part II, arranged in sections which have no other justification than the Editor's whim. It should be pointed out that Chairmen and/or Rapporteurs of International Committees wrote their articles a titre personnel and, therefore, cannot be deemed to express opinions held by their Com mittees as such. Part I contains the "other essays", dealing with the Association itself rather than with the present state of international law.
Download or read book Reform and Development of Private International Law written by Peter Machin North and published by Oxford University Press on Demand. This book was released on 2002 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by his friends and colleagues honours Sir Peter North's remarkable career and outstanding contribution to private international law. It takes as its theme the reform and development of private international law, reflecting the three different levels at which the development and reform of private international law takes place. Robin Morse discusses the creeping codification of private international law. Trevor Hartley draws attention to an area of private international law, that relating to matrimonial property, which is entirely judge-made. Joost Blom shows how quickly the judges, in this case in the Supreme Court of Canada, can develop private international law once they set their mind to it. Sir Lawrence Collins discusses the concept of comity in modern private international law. Writers too have had their part to play in the development of private international law; this is the subject of the contribution by Ole Lando. Kurt Siehr looks at the impact of international instruments on national private international law and the problems that this throws up. A number of contributors discuss various aspects of the ever-growing Europeanization of private international law. Ian Fletcher focuses on the EC Regulation on Insolvency Proceedings and its impact upon established law and practice in England and Wales. Paul Beaumont examines questions of legal basis and external competence and the best way for the UK and Europe to be represented in issues of private international law globally as well as offering a technical analysis of the contract provision of the Brussels I Regulation. Hans Ulrich Jessurun d'Oliveira examines the uneasy relationship between the European Union and private international law and the movement towards eroding the latter. Peter Nygh compares declining jurisdiction under the Brussels I Regulation and the preliminary draft Hague Judgments Convention. Other contributors have concentrated on aspects of the reformof private international law on a world-wide basis. Jonathan Harris discusses the Hague Convention on the Law Applicable to Trusts and on their Recognition 1985 in his examination of the trust in private international law. Not surprisingly there is much discussion in this book of the ambitious project that has been absorbing the Hague Conference for nearly ten years, namely a Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters. David McClean discusses the history of the project and, if it does fail, a possible way forward. Ron Brand suggests a more modest goal at the Hague Conference, namely a choice of court plus recognition convention. Whatever the fate of the Hague Judgments Convention, the work undertaken at the Hague can still be used in the future. It can inform the discussion of what we should do in intellectual property cases in private international law, which is the subject of James Fawcett's contribution.
Download or read book The Diversity of International Law written by Aristotle Constantinides and published by BRILL. This book was released on 2009-09-25 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays in honour of Kalliopi K. Koufa, the first woman to become Professor of International Law in Greece, brings to light the multiple faces, the expanding scope and diversity of international law.
Download or read book The structure and process of international law essays in legal philosophy doctrine and theory written by Ronald St. J. Macdonald and published by Brill Archive. This book was released on 1989 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Justice in a Multistate World Essays in Honor of Arthur T von Mehren written by James Nafziger and published by Martinus Nijhoff Publishers. This book was released on 2022-06-08 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over half a century Arthur T. von Mehren has been a luminary in the fields of comparative law, private international law, and legal education. Here, fifty-eight of the world's leading scholars and jurists honor his work and outstanding contributions to the advance of knowledge and reform. The volume is divided into four illuminating sections: Part I: Jurisdiction & Judgment Part II: Choice of Law Part III: International Arbitration Part IV: Comparative & European Law Published under the Transnational Publishers imprint.
Download or read book Clive M Schmitthoff s Select Essays on International Trade Law written by Clive Maximilian Schmitthoff and published by BRILL. This book was released on 1988-01-01 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:
