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.

Jurisdiction in International Law

Jurisdiction in International Law
Author: Cedric Ryngaert
Publisher:
Total Pages: 273
Release: 2015
Genre: Law
ISBN: 0199688516

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.

World Development Report 2009

World Development Report 2009
Author: World Bank
Publisher: World Bank Publications
Total Pages: 410
Release: 2008-11-04
Genre: Political Science
ISBN: 082137608X

Rising densities of human settlements, migration and transport to reduce distances to market, and specialization and trade facilitated by fewer international divisions are central to economic development. The transformations along these three dimensions density, distance, and division are most noticeable in North America, Western Europe, and Japan, but countries in Asia and Eastern Europe are changing in ways similar in scope and speed. 'World Development Report 2009: Reshaping Economic Geography' concludes that these spatial transformations are essential, and should be encouraged. The conclusion is not without controversy. Slum-dwellers now number a billion, but the rush to cities continues. Globalization is believed to benefit many, but not the billion people living in lagging areas of developing nations. High poverty and mortality persist among the world's 'bottom billion', while others grow wealthier and live longer lives. Concern for these three billion often comes with the prescription that growth must be made spatially balanced. The WDR has a different message: economic growth is seldom balanced, and efforts to spread it out prematurely will jeopardize progress. The Report: documents how production becomes more concentrated spatially as economies grow. proposes economic integration as the principle for promoting successful spatial transformations. revisits the debates on urbanization, territorial development, and regional integration and shows how today's developers can reshape economic geography.

Witnesses to History

Witnesses to History
Author: Lyndel V. Prott
Publisher: UNESCO
Total Pages: 465
Release: 2009-01-01
Genre: Business & Economics
ISBN: 9231041282

This Compendium gives an outline of the historical, philosophical and ethical aspects of the return of cultural objects (e.g. cultural objects displaced during war or in colonial contexts), cites past and present cases (Maya Temple Facade, Nigerian Bronzes, United States of America v. Schultz, Parthenon Marbles and many more) and analyses legal issues (bona fide, relevant UNESCO and UNIDROIT Conventions, Supreme Court Decisions, procedure for requests etc.). It is a landmark publication that bears testament to the ways in which peoples have lost their entire cultural heritage and analyses the issue of its return and restitution by providing a wide range of perspectives on this subject. Essential reading for students, specialists, scholars and decision-makers as well as those interested in these topics.