Download or read book Australian Private International Law written by Edward I. Sykes and published by Lawbook Company. This book was released on 1991 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aimed at students and practising lawyers, this book sets out the principles of law that operate when an issue with legal consequences is not confined to a single jurisdiction. This third edition has been extensively revised to include many judicial decisions and legislative amendments. Contains extensive tables of cases, statutes, international conventions, rules and regulations. First published in 1979.
Download or read book Private International Law in Australia written by Reid Mortensen and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Important recent developments in Australian private international law are discussed, together with legislative reforms and significant decisions, particularly of Australian courts. A new chapter on corporate insolvency has been added in this edition. The book provides an in-depth examination of the following subjects: introduction to private international law; jurisdiction and judgments; international arbitration; choice of law; international family law; choice of law for obligations; choice of property law; international company law ; An understanding of the fundamental concepts in private international law is becoming increasingly important in legal practice, and the accessible style of this text makes it invaluable to both students and practitioners.
Download or read book Australian Private International Law for the 21st Century written by Andrew Dickinson and published by Bloomsbury Publishing. This book was released on 2014-11-20 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A nation's prosperity depends not only on the willingness of its businesses to export goods and services, and of its citizens and residents to travel to take advantage of opportunities overseas, but also on the willingness of the businesses and citizens of other nations to cross the nation's borders to do business. Economic expansion, and parallel increases in tourism and immigration, have brought Australians more frequently into contact with the laws and legal systems of other nations. In particular, in recent years, trade with partners in the Asia-Pacific Region has become increasingly important to the nation's future. At the same time, Australian courts are faced with a growing number of disputes involving foreign facts and parties. In recognition of these developments, and the need to ensure that the applicable rules meet the needs both of transacting parties and society, the Attorney-General's Department launched in 2012 a full review of Australian rules of private international law. This collection examines the state and future of Australian private international law against the background of the Attorney-General's review. The contributors approach the topic from a variety of perspectives (judge, policy maker, practitioner, academic) and with practical and theoretical insights as to operation of private international law rules in Australia and other legal systems.
Download or read book Commercial Issues in Private International Law written by Michael Douglas and published by Bloomsbury Publishing. This book was released on 2019-06-13 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law. This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law.
Download or read book Private International Law and the Internet written by Dan Jerker B. Svantesson and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this fresh and original approach to what is perhaps the most crucial current issue in private international law, Dan Svantesson examines how the Internet affects and is affected by the four fundamental questions: When should a lawsuit be entertained by the courts? Which states law should be applied? When should a court that can entertain a lawsuit decline to do so? And will a judgement rendered in one country be recognised in another? He identifies eleven characteristics of Internet communication that are relevant to these questions, and then proceeds with a detailed investigation of whether and to what extent these characteristics (or their closest analogues) have already been dealt with in legal issues arising from other forms of communication. Dr Svantesson’s approach focuses on several issues that have far-reaching consequences in the Internet context, including the following: cross-border defamation; cross-border business contracts; and cross-border consumer contracts; A wide survey of private international law solutions encompasses insightful analyses of relevant laws adopted in a variety of countries including Australia, England, Hong Kong, the United States, Germany, Sweden, and China as well as in international instruments. There is also a chapter on advances in geo-identification technology and its special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts. Dr Svantesson's book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this new and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable rules on jurisdiction, applicable law, and recognition and enforcement of judgments for communication via the World Wide Web.
Download or read book Blurry Boundaries of Public and Private International Law written by Poomintr Sooksripaisarnkit and published by Springer Nature. This book was released on 2022-02-23 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes—Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.
Download or read book Optional Choice of Court Agreements in Private International Law written by Mary Keyes and published by Springer Nature. This book was released on 2019-10-18 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.
Download or read book No Country is an Island written by Hilary Charlesworth and published by UNSW Press. This book was released on 2006 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law does not seem immediately relevant to domestic Australian politics and law, let alone to our everyday lives. Yet, international law has a growing significance for trade, human rights, crime, terrorism and climate change. Australian authors.
Download or read book Nygh s Conflict of Laws in Australia written by Martin Davies and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nygh's Conflict of Laws in Australia provides authoritative and comprehensive coverage of the three main areas of private international law: jurisdiction, choice of law and recognition and enforcement of foreign judgments and arbitral awards.The wide-ranging subject matter includes international commercial dealings and other civil obligations, administration of estates and succession, international child abduction, adoption, proof of foreign law, and the recognition of same-sex marriages. It covers the legislation and civil procedure rules of all Australian jurisdictions as well as important common law developments.The ninth edition has been comprehensively revised and updated. It includes discussion and analysis of many new cases, reflecting the growth of litigation involving international elements, particularly in areas of arbitration, enforcement of foreign judgments and cross border insolvency. Legislative changes include Australia's ratification of the Hague Service Convention in late 2010 and the enactment of the Trans-Tasman Proceedings Act 2010 (Cth) and the Australian Consumer Law.The clear explanations of complex concepts make Nygh's Conflict of Laws in Australia an ideal text for both legal practitioners and students of conflict of laws or private international law.Features• Authoritative, reliable content• Complex concepts clearly explained• Expanded content includes maritime law under international Arbitration Act, the nature of marriage, including polygamous and same-sex marriages and information technology across jurisdictions.Related TitlesMortensen, Garnett and Keyes, Private International Law in Australia, 2011
Download or read book International Law written by Donald R Rothwell and published by Cambridge University Press. This book was released on 2018-08-29 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, International Law: Cases and Materials with Australian Perspectives remains an authoritative textbook on international law for Australian students. With a strong focus on Australian practice and interpretation, the text examines how international law is developed, implemented and interpreted within the international community and considers new and developing approaches within this field. This edition has been comprehensively updated to address recent developments in international law. The selection of cases and materials provides a thorough coverage of core areas and addresses a range of contemporary challenges, including climate change, human rights, nuclear proliferation and the South China Sea. A new chapter on international trade law reflects the growing importance of this body of law in Australian practice. Guiding commentary provides a rigorous analysis of key principles. Written by a team of experts with substantial experience in this field, International Law is an essential resource for students.
Download or read book Substance and Procedure in Private International Law written by Richard Garnett and published by OUP Oxford. This book was released on 2012-03-08 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.
Download or read book The Australian Year Book of International Law written by Donald R. Rothwell and published by Brill Nijhoff. This book was released on 2019-10-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1965, the Australian Year Book of International Law (AYBIL) is Australia's longest standing and most prestigious dedicated international law publication. The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice. It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs. It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 36 features an Agora on the 2018 Timor Sea Treaty and Conciliation between Australia and Timor Leste.
Download or read book When Private International Law Meets Intellectual Property Law written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-10-15 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.
Download or read book The Law of Private Security in Australia written by Rick Sarre and published by Lawbook Company. This book was released on 2009 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rapid growth and burgeoning diversification within the private security industries have extensively increased interaction between security operators and the public. This increased exposure, together with a number of highly publicised incidents, has brought about a heightened focus on levels of industry professionalism and accountability (including public concerns surrounding personal freedoms), and more burdensome licensing and regulatory controls upon both security companies and individuals. Importantly, it has also prompted security staff to be mindful of their own vulnerability in a vocation where personal legal immunities are rare. The only work of its kind in this country, The Law of Private Security in Australia, 2nd Edition is an indispensable guide to the rights and responsibilities of private security personnel and their employers.The authors utilise examples from the industry, underscored by case law, State and federal laws and regulations, industry codes of practice, and ethical protocols. They clearly identify the sources and scope of private security powers and the liabilities impinging upon them. In each scenario, a range of potential actions - desirable and undesirable - is given, as well as the legal consequences that spring from these actions for both employers and employees. The law covered is also of great relevance to police officers, as many of the legal principles that apply to private personnel emanate from the laws that empower and restrict public police. With its clear explanations of legal concepts by authors with years of experience in teaching lawyers and non-lawyers, The Law of Private Security in Australia, 2nd Edition is essential reading for every security company, security operator and private policing agency.
Download or read book American Australian Private International Law written by Zelman Cowen and published by . This book was released on 1957 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Download or read book Private International Law and the Internet written by Dan Jerker B. Svantesson and published by Kluwer Law International B.V.. This book was released on 2021-08-05 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this, the fourth edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what has emerged as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the five fundamental questions: When should a lawsuit be entertained by the courts? Which state’s law should be applied? When should a court that can entertain a lawsuit decline to do so? How wide ‘scope of jurisdiction’ should be afforded to a court with jurisdiction over a dispute? And will a judgment rendered in one country be recognized and enforced in another? Professor Svantesson identifies and investigates twelve characteristics of Internet communication that are relevant to these questions and then proceeds with a detailed discussion of what is required of modern private international law rules. Focus is placed on several issues that have far-reaching practical consequences in the Internet context, including the following: cross-border defamation; cross-border business contracts; cross-border consumer contracts; and cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of jurisdictions, including Australia, England, Hong Kong SAR, the United States, Germany, Sweden, and China, as well as in a range of international instruments. There is also a chapter on advances in geo-identification technologies and their special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts, as well as a set of practical checklists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson’s book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this complex and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable private international law rules for communication via the Internet.
