Download or read book Jurisdiction Admissibility and Choice of Law in International Arbitration Liber Amicorum Michael Pryles written by Neil Kaplan and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Download or read book Jurisdiction written by Shaunnagh Dorsett and published by Routledge. This book was released on 2012 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing one of the central topics and concerns of jurisprudence – the authorisation and authority of law - Jurisdictionaims to re-introduce and refresh jurisdictional thinking about law by addressing the ways that questions of jurisdiction still give shape to law and to legal thought. Questions of jurisdiction have been central to Western legal traditions, yet in contemporary accounts of law this is often hard to recognise. At its broadest, the question of jurisdiction engages with the fact that there is law, and with the power and authority to speak in the name of the law. Such questions encompass the authorisation and ordering of law as such, as well as determinations of authority and the administration of justice within a legal regime. Without an account of jurisdiction, this book argues, it would not be possible to articulate a position from which to speak, or speak about, the law. Jurisdiction thus examines the conceptual and institutional formation of contemporary jurisdictional techniques and procedures, and explore the ways in which the jurisdictional idiom of law remains central to a critical practice and understanding of law. Providing an original, and historically grounded, elaboration of the key themes of jurisdiction, this book offers students and scholars of law a way of thinking about the contemporary world as much in terms of law's technologies, techniques and procedures as with its ideas.
Download or read book An Introduction to Transnational Criminal Law written by Neil Boister and published by Oxford University Press, USA. This book was released on 2012-09-06 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: States criminalise a wide range of transnational offences, such as piracy, human trafficking, drug trafficking, terrorism, organised crime, and cybercrime. This book provides an introduction to this developing area of law, setting out what transnational crimes are, and how states can establish jurisdiction over them and enforce it.
Download or read book The Cambridge Companion to International Law written by James Crawford and published by Cambridge University Press. This book was released on 2012-01-26 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This intellectually rigorous introduction to international law encourages readers to engage with multiple aspects of the topic: as 'law' directing and shaping its subjects; as a technique for governing the world of states and beyond statehood; and as a framework within which several critical and constructivist projects are articulated. The articles situate international law in its historical and ideological context and examine core concepts such as sovereignty, jurisdiction and the state. Attention is also given to its operation within international institutions and in dispute settlement, and a separate section is devoted to international law's 'projects': protecting human rights, eradicating poverty, the conservation of resources, the regulation of international trade and investment and the establishment of international order. The diverse group of contributors draws from disciplinary orientations ranging from positivism to postmodernism to ensure that this book is informed theoretically and politically, as well as grounded in practice.
Download or read book Internet Jurisdiction Law and Practice written by Julia Hörnle and published by Oxford University Press, USA. This book was released on 2021-01-07 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction is a fundamental concept in law, as it provides the link between a government, its territory, and its people. Data travels through the internet without concern for any borders. This book argues how and why the concept of jurisdiction needs to be adapted across public and private areas - from criminal to commercial law.
Download or read book A Power to Do Justice written by Bradin Cormack and published by University of Chicago Press. This book was released on 2009-10-15 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: English law underwent rapid transformation in the sixteenth century, in response to the Reformation and also to heightened litigation and legal professionalization. As the common law became more comprehensive and systematic, the principle of jurisdiction came under particular strain. When the common law engaged with other court systems in England, when it encountered territories like Ireland and France, or when it confronted the ocean as a juridical space, the law revealed its qualities of ingenuity and improvisation. In other words, as Bradin Cormack argues, jurisdictional crisis made visible the law’s resemblance to the literary arts. A Power to Do Justice shows how Renaissance writers engaged the practical and conceptual dynamics of jurisdiction, both as a subject for critical investigation and as a frame for articulating literature’s sense of itself. Reassessing the relation between English literature and law from More to Shakespeare, Cormack argues that where literary texts attend to jurisdiction, they dramatize how boundaries and limits are the very precondition of law’s power, even as they clarify the forms of intensification that make literary space a reality. Tracking cultural responses to Renaissance jurisdictional thinking and legal centralization, A Power to Do Justice makes theoretical, literary-historical, and methodological contributions that set a new standard for law and the humanities and for the cultural history of early modern law and literature.
Download or read book Authority to Decide written by Mark James Leeming and published by . This book was released on 2012 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the book extends to all aspects of jurisdiction, it covers the whole of federal jurisdiction, and provides not only an accessible analysis for practitioners and courts, but also a thoughtful and detailed account of the underlying principle and decisions.
Download or read book The International Court of Justice written by H. W. A. Thirlway and published by Oxford University Press. This book was released on 2016 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.
Download or read book Zipes V Trans World Airlines Inc written by and published by . This book was released on 1982 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Download or read book United States Supreme Court written by Gordon L. Weil and published by Rowman & Littlefield. This book was released on 2016-07-29 with total page 2831 pages. Available in PDF, EPUB and Kindle. Book excerpt: These three volumes contain the only collection of all substantive decisions of the U.S. Supreme Court under its original jurisdiction. This is a unique publication. Under the U.S. Constitution, the Supreme Court considers certain cases directly without taking them as an appeal from lower courts. These cases involve the United States and individual states and state against state. Cases between states may not be considered in any other court; the Supreme Court’s jurisdiction is exclusive.
Download or read book Brierly s Law of Nations written by Andrew Clapham and published by OUP Oxford. This book was released on 2012-08-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise book is an introduction to the role of international law in international relations. Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly's scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style. Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, the principles covering national jurisdiction and immunities, the law of treaties, the different ways of settling international disputes, and the rules on resort to force and the prohibition of aggression.
Download or read book The Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea written by Miguel García García-Revillo and published by BRILL. This book was released on 2015-11-02 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea, Miguel García García-Revillo offers an in-depth examination of all relevant facets of the jurisdiction of this important international judicial institution. Created by the United Nations Convention on the Law of the Sea, ITLOS plays an essential role not only in respect to the interpretation of this major international treaty but also to the contemporary law of the sea in general. The book covers both the contentious (ratione materiae, ratione personae, mainline, incidental, compulsory, not compulsory) and the advisory jurisdiction of ITLOS, which are analysed not only from a theoretical perspective but also in light of the own Tribunal's jurisprudence.
Download or read book Statutory Jurisdiction written by Vaughan Black and published by . This book was released on 2012 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Court Jurisdiction and Proceedings Transfer Act puts the important topic of the jurisdiction of Canadian provincial courts in civil and commercial cases on a clearer statutory footing. It is in force in British Columbia, Saskatchewan and Nova Scotia. The approach to jurisdiction adopted under the CJPTA is different in several respects from the common law approach, and so provinces that have adopted it are undergoing a period of transition. One of the key issues for courts in applying the CJPTA is interpreting its provisions and explaining how they operate. Statutory Jurisdiction: An Analysis of the Court Jurisdiction and Proceedings Transfer Act examines the growing body of cases and provides a comprehensive account of how the CJPTA is being interpreted and applied by the courts"--P. [4] of cover.
Download or read book International Maritime Security Law written by James Kraska and published by Martinus Nijhoff Publishers. This book was released on 2013-04-15 with total page 965 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Maritime Security Law by James Kraska and Raul Pedrozo defines an emerging interdisciplinary field of law and policy comprised of norms, legal regimes, and rules to address today's hybrid threats to the global order of the oceans. Worldwide shipping commerce, fishing fleets, pleasure craft, and coastal states are exposed to the menace of offshore terrorism, weapons of mass destruction, piracy, smuggling, robbery, marine insurgency and anti-access threats. Land-based institutions and maritime constabulary forces operate within an increasingly integrated network that blends elements of humanitarian law, human rights law, criminal law, and law of the sea, with inspection regimes, commercial enterprise, and marine safety and environmental stewardship. The new authorities fuse together a global maritime partnership among states, international organizations and commercial interests to protect the maritime commons from the most dangerous risks and hazards.
Download or read book Tallinn Manual 2 0 on the International Law Applicable to Cyber Operations written by Michael N. Schmitt and published by Cambridge University Press. This book was released on 2017-02-02 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.
