Download or read book The Choice of Law Contract written by Maria Hook and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.

Download or read book Suing Foreign Governments and Their Corporations 2nd Edition written by Joseph Dellapenna and published by BRILL. This book was released on 2021-10-25 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Suing Foreign Governments and Their Corporations was first published in 1988, one reviewer predicted that it would become the bible for all attorneys litigating such cases. Since then, the book has become the standard work on the intricacies of litigation under the Foreign Sovereign Immunities Act. In the most recent Supreme Court decision applying the Foreign Sovereign Immunities Act, both the majority and the dissent cited the book as the definitive work on the topic.

Download or read book Contemporary Perspectives in Conflict of Laws written by Arthur Taylor Von Mehren and published by . This book was released on 1977 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Annual Meeting Proceedings written by American Law Institute and published by . This book was released on 1975 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Criminal Process in the Seventies written by A. Kenneth Pye and published by . This book was released on 1977 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Place of Performance written by Chukwuma Okoli and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance in determining the applicable law in the absence of choice for commercial contracts. It also contains, inter alia, an analogy to matters of foreign country mandatory rules, and the coherence between jurisdiction and choice of law. It concludes by proposing a revised Article 4 of Rome I Regulation, which could be used as an international solution by legislators, judges, arbitrators and other stakeholders who wish to reform their choice of law rules.

Download or read book Harmonization of Laws in the European Communities written by Peter E. Herzog and published by . This book was released on 1983 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Suing Foreign Governments and Their Corporations written by Joseph W. Dellapenna and published by . This book was released on 1988 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise examines in detail the Foreign Sovereign Immunities Act of 1976 and discusses issues and cases arising under the act, including: immunity claims, jurisdictional nexus rules, Act of State doctrine, foreign execution of U.S. judgments, and related topics.

Download or read book Columbia Law Review written by and published by . This book was released on 1977 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Le syst me interam ricain comme r gime r gional de protection internationale des droits de l homme written by and published by Martinus Nijhoff Publishers. This book was released on 1976-12-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Conflict of Laws written by John O'Brien and published by Routledge. This book was released on 1999-04-30 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing conflict of laws, this text considers the problems and the possibilities of conflict adjudication before examining the major areas of conflict law: jurisdiction and the recognition of judgements, the law of obligations, family law and the law of property.

Download or read book The Choice of Law written by David Farquhar Cavers and published by Durham : Duke University Press. This book was released on 1985 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains selected essays written by the author from 1933 to 1983. In his earlier works he presents the view that in a conflicts case the choice should be between rules and not between states or jurisdictions. In the later essays he reviews the choice of law issues surrounding mass torts due to airplane accidents, drugs and defective products.

Download or read book The Canadian Law and Practice of International Trade with Particular Emphasis on Export and Import of Goods and Services written by Jean Gabriel Castel and published by . This book was released on 1991 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Journal of International Law and Economics written by and published by . This book was released on 1977 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Annual report American Law Institute written by and published by . This book was released on 1971 with total page 1070 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Northwestern Journal of International Law Business written by and published by . This book was released on 1981 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: