Download or read book Codifying Choice of Law Around the World written by Symeon Symeonides and published by Oxford University Press, USA. This book was released on 2014 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book is a comparative study of the choice-of-law codifications and convenƯ tions adopted in each of the inhabited continents in the last so years. Its main purpose is to document and inform rather than to critique. Although I do not always hide my opinion, I continue to act on the conviction that what we can learn from legislators is far more important than what they can learn from us" -- PREFACE.

Download or read book Application of Foreign Law written by Carlos Esplugues Mota and published by Walter de Gruyter. This book was released on 2011-03-30 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.

Download or read book More Equal than Others written by Daniele Amoroso and published by Springer Nature. This book was released on 2022-11-18 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what – if any – the common core of this principle is. The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations. The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality. Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy. Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy. Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy. Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy. Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.

Download or read book Anerkennung und Vollstreckung Ausl ndischer Entscheidungen Ausserhalb Der bereinkommen Von Br ssel und Lugano written by Gerhard Walter and published by Kluwer Law International B.V.. This book was released on 2000-10-04 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book, the third in the Civil Procedure in Europe series, provides a comparative overview, for 18 European countries, of those areas of recognition and enforcement practice that have not been harmonised by the Brussels and Lugano Conventions. Each country's practice in these areas is described and analysed by a national expert distinguished in the field of civil prodedural law. The contributions are written in either English, French, or German, and are followed by summaries in both remaining languages. Bibliographies are included to enable the reader to locate material for further study. Each national report addresses the following issues sources of law and general principles for the recognition and enforcement of foreign judgements recognisable judgements conditions for recognition and enforcement of foreign judgements; and special proceedings for recognising and enforcing judgements. A comparative contribution by the editors analyzes the similarities and differences between the various European systems. The countries covered are Austria, Belgium, The Czech Republic, England, Finland, France, Germany, Greece, Hungary, Italy, Luxembourg, The Netherlands, Norway, Poland, Portugal, Spain, Sweden, and Switzerland. The first book in the series is Seizure and Overindebtedness in the European Union. The second book is Recourse Against Judgements in the European Union.

Download or read book Imperativeness in Private International Law written by Giovanni Zarra and published by Springer Nature. This book was released on 2022-01-27 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

Download or read book Jurisdiction Over Non EU Defendants written by Tobias Lutzi and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the question of extending the reach of the Brussels Ia Regulation to defendants not domiciled in an EU Member State. The Regulation, the centrepiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation. To provide a basis for the discussion of its possible extension, this volume takes a closer look at the national rules that currently govern the question of jurisdiction over non-EU defendants in each Member State through 17 national reports. The insights gained from them are summarised in a comparative report and critically discussed in further contributions, which look at the question both from a European and from a wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers.

Download or read book 2000 written by Petar Sarcevic and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: With articles by Eric Clive, Manuel Rui Moura Ramos, William Duncan, national reports from Australia, the United States, Italy, Macao and Brazil and news from The Hague as well as texts, materials and recent developments.

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 European Economic Law written by Alberto Santa Maria and published by Kluwer Law International B.V.. This book was released on 2019-01-25 with total page 761 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the last edition of this pre-eminent work five years ago, the European framework in the international setting has substantially changed. Numerous critical developments have highlighted shortcomings in the European structure that seems incapable, in its present complexity, of resolving the apparently intractable problems it confronts. This book's highly respected author is uncompromising: either we have the courage to establish profound, constitutional reforms aimed at renewing the European Union in the collective imagination or we risk contenting ourselves with merely an economic community with a far-from-ideal single market where even the four basic freedoms guaranteeing all actors, individuals and enterprises, are put under discussion. This revision follows the successful format of the previous editions. As before, the author's intensive discussion brilliantly disentangles the complex interrelations among a vast array of economic factors. As a general update, the new edition takes into account such major developments as the mass immigration phenomenon, effects of Brexit on EU laws and policies, and the OECD's project on base erosion and profit shifting (BEPS). Ongoing matters covered include the following: • issues surrounding the euro's sustainability, especially as revealed in ECJ case law; • lack of power of the ECB and other EU institutions in fixing the euro's exchange rate; • the potential EU contribution to reform of the IMF's organization and substantive rules; • ECJ case law on conflicts in the transfer of seat and cross-border mergers; • the role of the European Commission in the regulation of international trade; • limits to the advantages lawfully acquired by multinational enterprises; • transfer pricing in intragroup transactions; • EU supervision of banking groups and international banking cooperation; • corporate social responsibility' and 'codes of conduct'; and • State aid between competition law and the non-discrimination principle. Emphasizing the complex legal regime affecting undertakings in Europe today, Professor Santa Maria presents a thoroughgoing legal analysis of the prominence of corporate and business enterprises in what many theorists see as the intrinsic 'internationality' of social activity in the current era. Previous editions have been applauded for their unremitting emphasis on rules introduced on the basis of multilateral agreements of an unprecedented reach, within which both States and undertakings are made to recognize and to deal with one another. In the new edition, this perspective, daunting in its scope and breadth, is maintained and expanded, providing a synthesizing and enlightening analysis that will be of immeasurable value to all parties with an interest — academic, juridical, or administrative — in this very important area of law.

Download or read book Intellectual Property and Private International Law written by Toshiyuki Kono and published by Bloomsbury Publishing. This book was released on 2012-06-29 with total page 1438 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.

Download or read book The Rome III Regulation written by Sabine Corneloup and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Commentary provides an in-depth, article-by-article analysis of the Rome III Regulation, the uniform rules adopted by the EU to determine the law applicable to cross-border divorce and legal separation. Written by a team of renowned experts, private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference.

Download or read book Cases and Materials on EU Private International Law written by Stefania Bariatti and published by Bloomsbury Publishing. This book was released on 2011-04-13 with total page 1676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments. This title is included in Bloomsbury Professional's International Arbitration online service.

Download or read book Courts and Comparative Law written by Mads Andenas and published by OUP Oxford. This book was released on 2015-07-30 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.

Download or read book Private International Law Aspects of Corporate Social Responsibility written by Catherine Kessedjian and published by Springer Nature. This book was released on 2020-03-06 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

Download or read book Towards a New European Ius Commune written by Antonio Gambaro and published by . This book was released on 1999 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book La riforma del sistema di diritto internazionale privato e processuale written by Michele Giorgianni and published by . This book was released on 1996 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The International Space Station written by Frans G. von der Dunk and published by BRILL. This book was released on 2006-09-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently, perhaps the most complicated and challenging undertaking in outer space is the building of the International Space Station, the ISS. The recent decision to use the ISS also as a facility for pre-commercial research and development in a microgravity environment, inviting commercial enterprise on board, only enhanced such complications and challenges. As a consequence, the major question arises to what extent these are held in check by a sound and effective legal and regulatory regime, e.g. pertaining to criminal liability or intellectual property rights. The present book offers the first overview of applicable law and regulation which is not merely superficial, as well as some directions for future legislative and regulatory developments, written by a number of highly reputed experts in space law. The analysis, finally, is with a clear focus on the European situation in view of the particularities which increasing ESA and EU involvement in space activities bring with them.