Foreign Law In English Courts
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Author | : Richard Fentiman |
Publisher | : Clarendon Press |
Total Pages | : 378 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9780198258780 |
This book is concerned with the pleading and proof of foreign law in English courts. Fentiman argues that the law is both more complex and more defensible than had previously been supposed. By providing a practical guide to the subject, he presents the conflict of laws in a way which is both novel and illuminating.
Author | : Frederick Alexander Mann |
Publisher | : |
Total Pages | : 232 |
Release | : 1986 |
Genre | : Law |
ISBN | : |
Considering the aspects of foreign affairs which arise in English court cases, this book treats questions regarding the relationship between international and domestic law, the sovereignty of the Crown, and the relationship between the Crown and the courts.
Author | : Jeremy Waldron |
Publisher | : Yale University Press |
Total Pages | : 306 |
Release | : 2012-05-29 |
Genre | : Political Science |
ISBN | : 0300148658 |
Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.
Author | : Jonathan Hill |
Publisher | : Bloomsbury Publishing |
Total Pages | : 1032 |
Release | : 2014-11-24 |
Genre | : Law |
ISBN | : 1849468567 |
This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition. The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work's second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards. This title is included in Bloomsbury Professional's International Arbitration online service.
Author | : Carlos Esplugues Mota |
Publisher | : Walter de Gruyter |
Total Pages | : 445 |
Release | : 2011-03-30 |
Genre | : Law |
ISBN | : 3866539126 |
During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.
Author | : Otto C. Sommerich |
Publisher | : |
Total Pages | : 184 |
Release | : 1959 |
Genre | : Law |
ISBN | : |
Author | : Richard Frimpong Oppong |
Publisher | : Cambridge University Press |
Total Pages | : 559 |
Release | : 2013-09-12 |
Genre | : Law |
ISBN | : 0521199697 |
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Author | : |
Publisher | : |
Total Pages | : 300 |
Release | : 2006 |
Genre | : Annotations and citations (Law) |
ISBN | : |
"Formerly known as the International Citation Manual"--p. xv.
Author | : André Nollkaemper |
Publisher | : |
Total Pages | : 769 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198739745 |
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Author | : René David |
Publisher | : Simon and Schuster |
Total Pages | : 612 |
Release | : 1978 |
Genre | : Comparative law |
ISBN | : 0029076102 |
A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.