Download or read book Tradition and Innovation of Private International Law at the Beginning of the Third Millennium written by Leonel Pereznieto Castro and published by Juris Publishing, Inc.. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: List of Abbreviations Principal Scholarly Publications of Professor Friedrich K. Juenger Foreword Leonel Pereznieto Castro Chapter 1 The Relevence of Substantive International Commercial Norms for Choice of Law in Contract: the Rome and Mexico City Conventions Compared By Bertrand Ancel and Horatia Muir Watt I. International Trade Norms as Constraints on the Choice of Law Process II. International Trade Norms as Freedom of Choice Chapter 2 The Private International Law of the European Community By Alfonso-Luis Calvo Caravaca, Professor of Private International Law and University Carlos III of Madrid (Spain) I. Introduction II. Article 65 TCE and European Community Private International Law III. Characteristics of the Norms of Community's Private International Law IV. Types of PIL Community-Established Norms V. International Jurisdiction VI. Law Applicable to Private International Situations VII. Extra-Territorial Effects of Decisions Chapter 3 Switzerland and Europe: International Contracts and Characteristics Performance By Carrascosa González I. Introduction II. Basis of the Presumption of the Characteristic Performance III. Criticism of the Presumption of Characteristic Performance IV. Legal Loopholes of 4.2 CR V. Integration of the Legal Loopholes of Article 4.2 RC Chapter 4 Pages of History: Friedrich Juenger and the Historical Consciousness of Modern Private International Law By Nikitas Hatzimihail I. Theoretical Underpinnings -- And Their Stakes II. The Narrative III. Conclusion Chapter 5 A Prologue to Oregon's Codification of Choice-of-Law Rules for Tort Actions By James A.R. Nafziger I. Introduction to Oregon's Choice-of-Law Methodology II. Oregon Judicial Decisions in Tort-Related Conflicts III. General Common Law Rules IV. Propositions to Initiate Consideration of a Conflict Law Applicable to Torts Chapter 6 Dos Temas Sobre Derechos Reales En El Derecho Internacional Privado En México By Dr. Leonel Pereznieto Castro I. Introducción II. Regulación Constitucional De Los Derechos Reales Sobre Bienes Inmuebles, Vinculados Al Dipr III. La Nueva Legislación Sobre Garantías Mobiliarias Chapter 7 Pasado y Presente de la Codificación del Derecho Internacional Privado en América Latina By Ruben B. Santos Belandro I. Una Primera Noción Del Vocablo Codificación II. América Latina, Ámbito Propicio Para La Codificatión De Las Normas De Derecho Internacional Privado III. La Adopción De Un Nuevo Paradigma Para Codificar IV. Avances En La Codificación Interamericana De Derecho Internacional Privado V. Los Conflictos Entre Convenciones Y Leyes Nacionales Y Sus Posibles Soluciones VI. El Reconocimiento De Un Mayor Número De Fuentes De Derecho Internacional Privado VII. El Reconocimiento De Un Pluralismo Metodológico Para Una Regulación Más Satisfactoria De Las Relaciones Privadas Internacionales VIII. Una Nueva Visión De La Imperativdad De Los Principios Y De Las Normas En El Campo De Derecho Internacional Privado IX. La Creación De Las Autoridades Centrales, Un Puntal Insustituible Para Favorecer La Cooperación Jurisdiccional Regional X. Conclusiones Finales Chapter 8 The Implementation of the EC Choice of Law Rules for Insurance Contracts in Italy: Some Critical Remarks By Francesco Seatzu I. Introduction II. The 1995 Statutes of Implementation of the E.C. Insurance Directives: General Remarks III. The Scope of Application of the Choice of Laws Rules for Insurance Contracts Covering Risks Situated in a Member State of the European Community IV. The Law Applicable to Insurance Contracts Covering Risks Situated in a Member State of the European Community V. General Conclusions Chapter 9 Judicial Guidance of Litigation to an Appropriate Forum By Russell J. Weintraub I. Introduction II. Forum Non Conveniens III. Lis Pendens IV. Conclusion Index.
Download or read book Private International Law written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-11-08 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.
Download or read book Barbara s Sales Inc V Intel Corporation written by and published by . This book was released on 2006 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Preclassical Conflict of Laws written by Nikitas E. Hatzimihail and published by Cambridge University Press. This book was released on 2021-07-22 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: To better appreciate present-day private international law and its future prospects and challenges, we should consider the history and historiography of the field. This book offers an original approach to the study of conflict of laws and legal history that exposes doctrinal lawyers to historical context, and legal historians to the intricacies of legal doctrine. The analysis is based on an in-depth examination of Medieval and Early Modern conflict of laws, focusing on the classic texts of Bartolus and Huber. Combining theoretical insights, textual analysis and historical perspectives, the author presents the preclassical conflict of laws as a rich world of doctrines and policies, theory and practice, context and continuity. This book challenges preconceptions and serves as an advanced introduction which illustrates the relevance of history in commanding private international law, while aspiring to make private international law relevant for history.
Download or read book Mixed Legal Systems East and West written by Vernon Valentine Palmer and published by Routledge. This book was released on 2016-07-22 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.
Download or read book The Europeanisation of International Family Law written by N. A. Baarsma and published by Springer Science & Business Media. This book was released on 2011-09-06 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice of law determines which national legal system applies to an international case. Currently many choice of law rules in the field of family law are regulated by national law. However, these national rules of the EU Member States are more and more displaced by common European rules. This book describes the changes brought by the Europeanisation of the choice of law on divorce. From the conclusions drawn in the field of divorce the concluding chapter discusses the changes of Europeanisation of international family law in a broader perspective.
Download or read book European International Law Traditions written by Peter Hilpold and published by Springer Nature. This book was released on 2020-11-20 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions. The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts. In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law. /divChapter “What Are and to What Avail Do We Study European International Law Traditions?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Download or read book Tradition and Innovation in the Ancient Near East written by Alfonso Archi and published by Penn State Press. This book was released on 2015-01-23 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: In July, 2011, the International Association for Assyriology met in Rome, Italy, for 5 days to deliver and listen to papers on the theme “Tradition and Innovation in the Ancient Near East”. This volume, the proceedings of the conference, contains more than 40 of the papers read at the 57th annual Rencontre, including 3 plenary lectures/papers, many papers directly connected with the theme, as well as a workshop on parents and children. The papers covered every period of Mesopotamian history, from the third millennium through the end of the first millennium B.C.E. The attendees were warmly hosted by faculty and students from the Università di Roma “La Sapienza”.
Download or read book The Theory and Practice of Private International Law written by Ludwig von Bar and published by . This book was released on 1892 with total page 1222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Private International Law written by Franco Ferrari and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
Download or read book Nineteenth Century Perspectives on Private International Law written by Roxana Banu and published by Oxford University Press. This book was released on 2018-07-19 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private International Law is often criticized for failing to curb private power in the transnational realm. The field appears disinterested or powerless in addressing global economic and social inequality. Scholars have frequently blamed this failure on the separation between private and public international law at the end of the nineteenth century and on private international law's increasing alignment with private law. Through a contextual historical analysis, Roxana Banu questions these premises. By reviewing a broad range of scholarship from six jurisdictions (the United States, France, Germany, the United Kingdom, Italy, and the Netherlands) she shows that far from injecting an impetus for social justice, the alignment between private and public international law introduced much of private international law's formalism and neutrality. She also uncovers various nineteenth century private law theories that portrayed a social, relationally constituted image of the transnational agent, thus contesting both individualistic and state-centric premises for regulating cross-border inter-personal relations. Overall, this study argues that the inherited shortcomings of contemporary private international law stem more from the incorporation of nineteenth century theories of sovereignty and state rights than from theoretical premises of private law. In turn, by reconsidering the relational premises of the nineteenth century private law perspectives discussed in this book, Banu contends that private international law could take centre stage in efforts to increase social and economic equality by fostering individual agency and social responsibility in the transnational realm.
Download or read book Patry on Copyright written by William F. Patry and published by . This book was released on 2010 with total page 830 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The author provides an encyclopedic analysis of copyright, placing court opinions and statutes in their real-world context. In addition to enumerating a complete legislative and statutory history for relevant provisions on pertinent litigation issues, a circuit-by-circuit breakdown is provided. The extensive discussion of remedial, jurisdictional, choice of law, and international issues is unparalleled in other legal work."--Publisher's website.
Download or read book New Approaches to International Law written by and published by Springer. This book was released on 2012-09-27 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The private in Private International Law written by Symeon C. Symeonides and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Cosmopolitan Jurisprudence written by Helge Dedek and published by Cambridge University Press. This book was released on 2021-12-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.
Download or read book Efficiency in Private International Law written by Toshiyuki Kono and published by Pocket Books of the Hague Acad. This book was released on 2014 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt of table of contents: chapter i. introduction chapter ii. conflicts revolution through the lens of efficiency 2.1. traditional approaches 2.2. the choice of law revolution 2.3. the second restatement 2.4. Economic analysis of conflict of laws approaches chapter iii. uniform law and private international law -- is uniform law more desirable than private international law? 3.1. critical analysis of the conventional arguments 3.2. costs and benefits analysis 3.3. Empirical analysis 3.4. conclusion chapter iv. uniform private international law 4.1. introduction 4.2. incentive analysis on the unification of private international law -- focusing on the maintenance phase 4.3. conditions for harmonization and unification 4.4. analysis chapter v. unification of intellectual property law 5.1. intellectual property across the borders 5.2. a rocky road towards international harmonization of IP 5.3. territorial rights in the global market 5.4. unification of international IP law: cost and benefit analysis 5.5. unification of private international law of IP chapter vi. cross-border insolvency and private international law 6.1. three approaches to cross-border insolvency 6.2. incentive analysis 6.3. analysis 6.4. conclusions chapter vii. concluding remarks Bibliography.
Download or read book Trends of Private International Law written by Pavel Kalenský and published by Springer. This book was released on 1971-01-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: to Seeking the answer to the three basic questions of contempo rary private international law, I also deemed it essential to out line to the reader the historical development of the different concepts of this particular branch of law, for without the know ledge of this history it is impossible to understand the contempo rary problems. The fact that private international law oscillates between public international law and substantive municipal law as it is applied in individual countries creates considerable problems in both theory and practice. I have tried to deal with these problems in the third part of my study, concerning "universa lism" and "nationalism" in the doctrine of private international law, as well as in its fourth part, which is devoted to the object and nature of this law and its place in the overall system of law. The character of private international law, ensuing from the plurality of municipal laws - which also characterize the origin and existence of comparative jurisprudence - in spired me to produce the fifth part of this study, which prima rily tries to expJain the theoretical problems of comparative jurisprudence but does so - defining its objectives and possibili ties - in order to underline at the same time its role in private international law and in the law of international trade.
