Download or read book La dimension sociale du droit international priv cours g n ral written by Andreas Bucher and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book La dimension sociale du droit international priv written by A. Bucher and published by BRILL. This book was released on 2011-04-25 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ce cours apporte la cohérence au pluralisme des méthodes, dans une perspective qui tient compte des intérêts de la société. Les règles de conflit de lois sont présentées dans une nouvelle structure, exhaustive, permettant de définir la place des règles unilatérales et bilatérales et des lois de police et d’y intégrer le droit de l’Union européenne. On distinguera ainsi entre les règles attributives, matérielles et réceptives de conflit de lois. Le lecteur emportera le message que les « mécanismes », la « proximité », l’« harmonie des solutions », la « coopération » et tant d’autres « techniques » en droit international privé doivent être remplies d’une idée de justice sans laquelle elles n’ont pas de mérite. Cette justice met en valeur l’identité et la protection de la personne à travers les ordres juridiques. Le regard sur cette idée sera le meilleur guide dans l’étude des règles et des méthodes du droit international privé.
Download or read book La Dimension Sociale Du Droit International Priv Cours General Volume 341 written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book La Dimension Sociale Du Droit International Priv Cours General written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Impact of the European Convention on Human Rights on Private International Law written by Louwrens R. Kiestra and published by Springer. This book was released on 2014-09-11 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by BRILL. This book was released on 2022-01-17 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Download or read book The Law Applicable to Cross border Contracts involving Weaker Parties in EU Private International Law written by María Campo Comba and published by Springer Nature. This book was released on 2020-12-07 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.
Download or read book Efficiency in Private International Law written by Toshiyuki Kono and published by BRILL. This book was released on 2015-01-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private international law (PIL) problems have existed for centuries when people from various territories and religious and social groups engaged in mutual contacts. Some of the core issues of this discipline have been critically reviewed during the so-called conflicts revolution which took place during the twentieth century in the American academic literature and court practice. However it seems that not much discussion on methodologies of PIL has developed since then. This book, inspired by the Law and Economics approach, introduces the concept of efficiency into PIL, aiming to show new dimensions of traditionally important issues. First, this author challenges the traditional understanding that uniform law is always more desirable than PIL, and raises questions on the rationale and possibility of the unification of PIL. Second, territoriality has been understood to exclude PIL. This book clarifies why such understanding does not hold in the twenty-first century especially in the field of intellectual property, and argues that a one-sizefits-all model would not be appropriate in the context of cross-border insolvency.
Download or read book Private International Law as Component of the Law of the Forum written by Michael Bogdan and published by Martinus Nijhoff Publishers. This book was released on 2012-01-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as an e-book In spite of the undoubtedly great and rising importance of the international legislative co-operation regarding private international law, it must be remembered that no successful unification or harmonization of conflict rules has ever taken place on the universal level, and that the conflict rules stemming from international legislative co-operation between a limited number of countries give rise to the same problems as non-harmonized rules, whenever they have to be used in relation to countries not participating in the legislative co-operation in question. This book will therefore focus on the last-mentioned problems and refrain from dealing with the particular issues arising from international legislative co-operation in the field of private international law. One of the principal aims of Michael Bogdan is to demonstrate the relationship between the national rules of private international law and the rest of the legal system of the forum country, in the first place its substantive private law and its law of civil procedure, as well as to illustrate the impact of the forum country’s general ethical and other values on its private international law.
Download or read book Radiating Impact of WTO on Its Members Legal System The Chinese Perspective written by Guiguo Wang and published by Martinus Nijhoff Publishers. This book was released on 2011-12-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.
Download or read book The Quest for World Order and Human Dignity in the Twenty first Century written by W.M. Reisman and published by Martinus Nijhoff Publishers. This book was released on 2013-02-18 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law’s archipelago is composed of legal “islands”, which are highly organized, and “offshore” zones, manifesting a much lower degree of legal organization. Each requires a different mode of decisionmaking, each further complicated by the stress of radical change. This General Course is concerned, first, with understanding and assessing the aggregate performance of the world constitutive process, in present and projected constructs; second, with providing the intellectual tools that can enable those involved in making decisions to be more effective, whether they are operating in islands or offshore; and, third, with inquiring into ways the international legal system might be improved. Reisman identifies the individual as the ultimate actor in international law and explores the dilemmas of meaningful individual commitment to a world order of human dignity amidst interlocking communities and overlapping loyalties.
Download or read book International Law Relating to Islands written by Sean D. Murphy and published by BRILL. This book was released on 2019-03-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.
Download or read book Innovation and Experimentation in the International Climate Change Regime written by Lavanya Rajamani and published by BRILL. This book was released on 2021-02-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a critical lens to humanity’s collective regulatory response to the existential threat of climate change. It explores those aspects of the international climate change regime that, albeit born of political dysfunction, demonstrate ingenuity, innovation and experimentation. This includes aspects relating to the legal form of instruments in the regime, the legal character of its provisions, as well as norm hybridity and mutation, and the nature, extent and evolution of differential treatment in the regime. This book argues that innovations and experiments in the international climate change regime have resulted in a highly sophisticated and nuanced legal regime – one that challenges the conceptual boundaries of international law, enriches the core of treaty law and practice and is likely to have an enduring impact on international law, legal practice and diplomatic intercourse.
Download or read book Animals in International Law written by Anne Peters and published by BRILL. This book was released on 2021-05-25 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: The plight of animal individuals and species inflicted on them by human activity is a global problem with detrimental repercussions for all humans and for the entire planet. This book gives an overview of the most important international legal regimes that directly address and indirectly affect animals. It covers species conservation treaties, notably the international whaling regime, the farm animal protection rules of the EU, international trade law and the international law of armed conflict. It also analyses the potential for an international regime of animal rights. Finding that international law creates more harm than good for animals, the auther suggests progressive treaty interpretation, treaty making and animal interest representation to close the animal welfare gap in international law. A body of global animal law needs to be developed, accompanied by critical global animal studies.
Download or read book Relationships between International Criminal Law and Other Branches of International Law written by William A. Schabas and published by BRILL. This book was released on 2022-05-20 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This course investigates the relationships between international criminal law and other branches of international law. It begins by examining four issues of general international law: the principal sources of international law, jurisdiction and immunities, State responsibility, and use of force. It then explores internationalhumanitarian law, focusing on definitions of war crimes and difficulties in linking IHL and ICL. Next, it examines refugee law, paying particular attention to the exclusion of war criminals from refugee protection and to international crimes that may be related to the rights and treatment of refugees. The final chapter explores the relationship between ICL and human rights law, examining the position of human rights within the Rome Statute of the ICC, as well as the human rights aspects of genocide, crimes against humanity, various procedural rights relating to fair international trials and the contribution of human rights fact-finding mechanisms.
Download or read book Establishing Norms in a Kaleidoscopic World written by Edith Brown Weiss and published by BRILL. This book was released on 2022-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a kaleidoscopic world in the new Anthropocene Epoch. This calls for a more inclusive public international law that accepts diverse actors in addition to States and other sources of law, including individualized voluntary commitments. Norms are critical to the stability and legitimacy of this international system. They underlie responses to rapid change, to new technological developments and to problems of protecting commons, promoting public goods, and providing social and economic justice. Certain fundamental norms can be identified ; others are emerging. The norm of mutual accountability underpins the implementation of other norms. Norms are especially relevant to frontier doit-yourself technologies, such as synthetic biology, digital currencies, cyber activity, and climate interventions, as addressed in the book. Reconceiving public international law lessens the sharp divide between public and private law and between domestic and international law.
Download or read book Third Party Effects of Arbitral Awards written by Maximilian Pika and published by Kluwer Law International B.V.. This book was released on 2019-07-11 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: The specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration agreements. However, it often happens that – for various reasons, such as a debtor’s failure to pay damages ordered by an arbitral tribunal – third parties who did not consent to the original arbitration enter the scene. This is the first book to examine the binding effects of international commercial arbitral awards in follow-up disputes against third parties. It comprehensively analyses arbitral awards’ third-party effects under national arbitration laws, the New York Convention and private international law. Moreover, it proposes solutions under transnational law before both courts and arbitral tribunals. Applying a continuously comparative methodology that refers to specific statutory, jurisprudential and scholarly sources, this book explores the nature and implications of such aspects of third-party involvement as the following: the foundations of the doctrine of res judicata and its intrinsic connection to other tools of forum coordination; the distinction between res judicata before courts on the one hand and arbitral tribunals on the other; the application of non-mutual preclusion in favour of third parties; the potential for arbitral awards to constitute a fact in follow-up disputes; a comparison of rules and uncertainties on awards’ third-party effects under various national arbitration acts; preclusion agreements; the arbitration agreement’s scope; and judgments’ third-party effects as a shift of the participatory burden. For civil law, the author focuses on France and Switzerland (as predominant arbitral seats) and on Germany (as a Model Law example). Among common-law countries, he concentrates on England and Wales and on the United States. Statutory sources (with specific wording), leading cases and summaries of the most important scholarly discussions are all invoked. With its clear guidelines for matters currently not addressed in previous publications and likely to be raised in specific cases, this book will prove to be of immeasurable value for arbitration practitioners and academics in any jurisdiction. Business parties that seek to prevent contradicting decisions in multilateral transactions will appreciate the practically feasible alternatives it presents in the event of follow-up disputes involving third parties.
