Download or read book Nation und Staat im internationalen Privatrecht written by Jürgen Basedow and published by . This book was released on 1990 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 2018-07-18 with total page 388 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 Internationales Privatrecht written by Erik Jayme and published by C.F. Müller GmbH. This book was released on 2009-01-01 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recueil Des Cours written by Academie de Droit International and published by Martinus Nijhoff Publishers. This book was released on 1998-06-03 with total page 420 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: - Souverainete territoriale et globalisation des marches: le domaine d'application des lois contre les restrictions de la concurrence, par J. BASEDOW, professeur a l'Universite libre de Berlin. The number of national laws that protect competition against private restrictions are constantly increasing. Their application to trans-boundary situations poses difficult problems for both private international law and public international law. The course deals with both, either with respect to application of the "lex fori" or with respect to application of foreign laws. - Enforcement in the International Context by K.D. KERAMEUS, Professor at the University of Athens. In recent years, enforcement proceedings have gone through a comprehensive reform in many countries. Furthermore, modern enforcement increasingly relies on foreign judgements. The course focuses on three subjects: the comparative element in recent codifications and case-law developments in the area of enforcement: salient and converging trends in the enforcement of foreign judgments on the basis of domestic law or international conventions: and the delimitation of "lex fori"and foreign law during the enforcement proceedings. To access the abstract texts for this volume please click here
Download or read book Conflict and Transformation written by Christian Joerges and published by Bloomsbury Publishing. This book was released on 2022-10-06 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe's darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
Download or read book Recueil Des Cours Collected Courses Volume 275 1998 written by Academie De Droit International de la Haye and published by Martinus Nijhoff Publishers. This book was released on 2000-12-01 with total page 420 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: - La loi applicable à la garantie bancaire à premieère demande, par O. ELWAN, professeur à l'Université de Heidelberg; - The North American Free Trade Agreement: A Comparative Analysis by A.L.C. DE MESTRAL, Professor at McGill University, Montreal.
Download or read book The Science of Private Law and the Nation State written by Christian Joerges and published by . This book was released on 1998 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. The move away from the private law of the Volksnation: reorientations in the post-war period -- 2. The difficult private law of the Staatsbürgernation: the debate on reform of the codification and the legitimacy of statutes in the realm of codified private law -- 3. Beyond the nation state: european integration and private law.
Download or read book The Law of Open Societies written by Jürgen Basedow and published by BRILL. This book was released on 2015-06-02 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.
Download or read book Legal Aspects of Globalisation Conflicts of Laws Internet Capital Markets and Insolvency in a Global Economy written by Jurgen Basedow and published by Kluwer Law International B.V.. This book was released on 2000-01-26 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The phenomenon of increased interconnectedness of the world's societies, generally referred to as `globalisation', is not only changing our everyday life, it also influences the legal framework we are living in. The challenges brought about by this process are especially great in fields of law which are by their very nature international such as Private International Law, the Law of Capital Markets, International Insolvency Law or the Law of the Internet. Can, for example, established conflict-of-law rules survive in a globalised world? What options exist for regulating capital markets in the era of globalisation? Are national laws on international insolvencies prepared for the increasing number of cross-border insolvency proceedings or does the UNCITRAL Model Law on Cross-Border Insolvency show the way? How can national or international legislators react to the new forms of torts and copyright infringements via the World Wide Web? These are some of the questions which eminent scholars from Japan and Germany try to answer in this volume. All essays are based on contributions to a symposium which took place in Fukuoka, Japan, on 28-29 March, 1999.
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 Dual Nationality in the European Union written by Olivier Vonk and published by Martinus Nijhoff Publishers. This book was released on 2012-03-19 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the phenomenon of dual nationality in the European Union, particularly against the background of the status of European citizenship – a status that is linked to the nationality of each EU Member State. While the first part sets out the approach towards (dual) nationality in Public and Private International Law as well as in EU Law, the second part consists of an overview of the dual nationality regimes in France, Italy, the Netherlands and Spain. The book shows that the autonomy of Member States in the field of nationality law is becoming increasingly problematic for the EU, and the author takes the position that there is arguably a need for the (minimum) harmonization of European nationality laws.
Download or read book Selecting by Origin written by Christian Joppke and published by Harvard University Press. This book was released on with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world of mutually exclusive nation-states, international migration constitutes a fundamental anomaly. No wonder that such states have been inclined to select migrants according to their origins. The result is ethnic migration. But Christian Joppke shows that after World War II there has been a trend away from ethnic selectivity and toward non-discriminatory immigration policies across Western states. Indeed, he depicts the modern state in the crossfire of particularistic and universalistic principles and commitments, with universalism gradually winning the upper hand. Thus, the policies that regulate the boundaries of states can no longer invoke the particularisms that constitute these boundaries and the collectivities residing within them. Joppke presents detailed case studies of the United States, Australia, Western Europe, and Israel. His book will be of interest to a broad audience of sociologists, political scientists, historians, legal scholars, and area specialists.
Download or read book Citizenship and Rights in Multicultural Societies written by Dunne Michael Dunne and published by Edinburgh University Press. This book was released on 2019-07-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This topical book examines the debates around contemporary conflicts between liberal democracies and increasingly vociferous special interest groups within society. It analyses the way a new sense of difference and the growth of multi-culturalism are straining modern notions of citizenship and rights, looking in particular at how ethnic conflicts in Eastern Europe have escalated to international tragedies, while in the US and Canada, race, ethnicity and radical feminism are at the heart of a social conflict which challenges national identity and the unity of the state.
Download or read book Succession Upon Death A Comparison of European and Turkish Private International Law written by Biset Sena Günes and published by Mohr Siebeck. This book was released on 2023-09-04 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trademark and Unfair Competition Conflicts written by Tim W. Dornis and published by Cambridge University Press. This book was released on 2017-02-23 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.
Download or read book The Europeanisation of Law written by Francis G. Snyder and published by Hart Publishing. This book was released on 2000-09-25 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: I. Juridification of politics - II. Changes in the estructure of governance - III. Partial convergence of national legal systems - IV. Unintended consequences.
Download or read book 2000 written by Petar Sarcevic and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: With articles by Eric Clive, Manuel Rui Moura Ramos, William Duncan, national reports from Australia, the United States, Italy, Macao and Brazil and news from The Hague as well as texts, materials and recent developments.
