Download or read book Public Policy and Private International Law written by Meyer, Olaf and published by Edward Elgar Publishing. This book was released on 2022-09-06 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.
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 La dimension sociale du droit international priv written by A. Bucher and published by BRILL. This book was released on 2011-04-25 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ce cours apporte la cohérence au pluralisme des méthodes, dans une perspective qui tient compte des intérêts de la société. Les règles de conflit de lois sont présentées dans une nouvelle structure, exhaustive, permettant de définir la place des règles unilatérales et bilatérales et des lois de police et d’y intégrer le droit de l’Union européenne. On distinguera ainsi entre les règles attributives, matérielles et réceptives de conflit de lois. Le lecteur emportera le message que les « mécanismes », la « proximité », l’« harmonie des solutions », la « coopération » et tant d’autres « techniques » en droit international privé doivent être remplies d’une idée de justice sans laquelle elles n’ont pas de mérite. Cette justice met en valeur l’identité et la protection de la personne à travers les ordres juridiques. Le regard sur cette idée sera le meilleur guide dans l’étude des règles et des méthodes du droit international privé.
Download or read book EU Law and Private International Law written by Jan-Jaap Kuipers and published by Martinus Nijhoff Publishers. This book was released on 2011-11-25 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Union Law and Private International Law both attempt to resolve a conflict of laws. There is however a certain tension between the two disciplines. The present book proposes suggestions to enhance their mutual understanding.
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 Recueil Des Cours written by and published by Martinus Nijhoff Publishers. This book was released on 1974-08-08 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book General Reports of the XVIIth Congress of the International Academy of Comparative Law written by Katharina Boele-Woelki and published by Eleven International Publishing. This book was released on 2007 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the General Reports presented at the XVIIth Congress of the International Academy of Comparative Law (IACL), which was held in July 2006 in Utrecht. A wide variety of topics is covered in this collection, ranging from liability of judges to competition law. The book provides an interesting assessment of the development of comparative law in recent decades and shows the growing importance of comparative law in various disciplines of law.
Download or read book 2007 written by Paul Volken and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2007 was arguably the most extraordinary year in recent memory for the development of Private International Law. Reflecting the vitality and fluidity of a subject that is in constant motion, Volume IX of the Yearbook of Private International Law is again a very rich and multi-faceted book. An entire thematic section of this volume is devoted to the "Rome II" Regulation on the law applicable to non-contractual obligations, which was adopted by the EC institutions in July 2007. Being the first EC regulation on pure applicable law issues, this text opens up a new era in the process of creating a European PIL system. It deserved therefore a detailed commentary and analysis of its main provisions by experts from several EU States. Because of the interest that this European text presents for third party States, some distinguished scholars from non-European areas (the US, Japan, Latin America and Australia) were also asked to express their views on this important piece of Community legislation and the possible influence it may have on conflict developments in their respective countries and regions.
Download or read book Recueil Des Cours Collected Courses 1936 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
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 Exception clauses in conflicts of laws and conflicts of jurisdictions or the principle of proximity written by D. Kokkini-Iatridou and published by Springer. This book was released on 1994 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work brings together, in one volume, the national reports and the general report on exception clauses of the panel, which convened at the Athens Conference on Comparative Law 1994. It gives an overview of the exception clauses in conflicts of laws regulations in various countries. The general report ties them all together and tries to distinguish a common thread. The contributions are by scholars in the field and the work is designed to be of interest to academics in international private law and conflict of laws.
Download or read book Les conflits de lois et de juridictions dans un espace conomique int gr written by and published by Martinus Nijhoff Publishers. This book was released on with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: Les conflits de lois et de juridictions dans un espace economique integre. L'experience de la Communaute europeenne, par M. FALLON, professeur a l'Universite catholique de Louvain Perspectives from International Economic Law on Transnational Environmental Issues by S. MURASE, Professor at Sophia University, Tokyo. To access the abstract texts for this volume please click here
Download or read book Exception d ordre public et m canisme des lois de police en droit international priv written by Benjamin Remy and published by Dalloz-Sirey. This book was released on 2008 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Collected courses of the Hague Academy of International Law written by Hague Academy of International Law and published by . This book was released on 2009 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recueil Des Cours 1998 written by Academie de Droit International de la Haye and published by Martinus Nijhoff Publishers. This book was released on 1999-04-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: - Conférences prononcées à l'occasion du soixante-quinzième anniversaire de l'Académie/Addresses Delivered on the Occasion of the 75th Anniversary of the Academy. - La contribution de l'Académie au développement de la science et de la pratique du droit international privé, par A.V.M. STRUYCKEN, membre du Curatorium de l'Académie de droit international de La Haye. - The Contribution of the Academy to the Development of the Science and Practice of Public International Law by S. SKUBISZEWSKI, Member of the Curatorium of the Hague Academy of International Law. - Is International Law Threatened by Multiple International Tribunals? by J.I. CHARNEY, Professor at Vanderbilt University, Nashville.
Download or read book Recueil Des Cours Collected Courses 1991 IV written by Academie De Droit International de la Haye and published by Martinus Nijhoff Publishers. This book was released on 1992-09-17 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an Institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: Regards sur le droit international privé comparé. Cours général de droit international privé, par Georges A.L. DROZ.
Download or read book Making Better International Law The International Law Commission at 50 Proceedings of the United Nations Colloquium on Progressive Development and Codification of International Law written by and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: