Brussels I Bis

Brussels I Bis
Author: Requejo Isidro, Marta
Publisher: Edward Elgar Publishing
Total Pages: 1011
Release: 2022-03-08
Genre: Law
ISBN: 1789908175

Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.

United Nations Juridical Yearbook 2008

United Nations Juridical Yearbook 2008
Author: United Nations
Publisher: United Nations Publications
Total Pages: 0
Release: 2010-06
Genre: Business & Economics
ISBN: 9789211336856

This yearbook contains documentary texts of treaties and other materials concerning the legal status and activities of the United Nations and related inter-governmental organizations. It also presents the judicial decisions on questions related to the Organization. A bibliography on jurisprudence is included.

Jurisdiction in International Litigation

Jurisdiction in International Litigation
Author: Mary Keyes
Publisher: Federation Press
Total Pages: 340
Release: 2005
Genre: Law
ISBN: 9781862875678

Transport and communications technologies have made international disputes common, and a frequent practical issue is which country or countries have jurisdiction to resolve the dispute. Existing literature on private international law tends to emphasize choice of law rather than jurisdiction. Cases tend to show that the practical significance of Jurisdiction has yet to be appreciated. This groundbreaking book fills in these gaps and offers a critical analysis of the principles and the theoretical foundations applied to resolve private international jurisdictional disputes and of the manner in which those principles are applied in practice by: Describing the context in which international jurisdiction disputes are determined Explaining and critically analysing the principles of jurisdiction Explaining and critically analysing the manner in which the principles are applied Identifying the interests which motivate principles and the courts' application of the principles Recommending reforms to the principles by demonstrating that the existing principles of jurisdiction are flawed, and ought to be reformed by taking into account the law's objectives, defined by relevance to state and private interests.

Possibility and Terms for Applying the Brussels I Regulation (Recast) to Extra-EU Disputes

Possibility and Terms for Applying the Brussels I Regulation (Recast) to Extra-EU Disputes
Author: Luigi Mari
Publisher:
Total Pages: 43
Release: 2018
Genre:
ISBN:

In order to strengthen the efficacy of the Brussels I Regulation (recast), which has already been shown to operate effectively, it is suggested to complete it with specific rules aimed at circumscribing the jurisdictional power in respect of extra-EU cases, together with specific rules on recognition and enforcement of judgements pronounced in Third States.However, for the sake of legal certainty, it is suggested that the EU stipulates international conventions on recognition and enforcement of judgements with its most strategic partners.

The Law of State Immunity

The Law of State Immunity
Author: Hazel Fox
Publisher: OUP Oxford
Total Pages: 3290
Release: 2013-08-29
Genre: Law
ISBN: 0191669768

The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.