Leading Cases On Private International Law
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Author | : Peter Hay |
Publisher | : |
Total Pages | : 0 |
Release | : 2017 |
Genre | : Conflict of laws |
ISBN | : 9781634593083 |
•Chapter 6, concerning the impact of the Constitution, has been streamlined to enhance “teachability.” The 2016 opinion in franchise tax Board versus Hyatt is now included as a principal case. •Chapters 7 and 8 present the central themes of choice of law. Both have been updated substantially. Chapter 8 has been considerably revised to show the progression from the traditional system, to the height of the conflicts revolution, to a developing consensus to consolidate modern analysis in a manner that provides more predictability and certainty. This revision is designed to give students -- most of whom have little or no familiarity with choice of law doctrine -- a b.
Author | : Horatia Muir Watt, |
Publisher | : Edward Elgar Publishing |
Total Pages | : 637 |
Release | : |
Genre | : Administrative law |
ISBN | : 1788119231 |
Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.
Author | : Kriangsak Kittichaisaree |
Publisher | : Routledge |
Total Pages | : 302 |
Release | : 2021-11 |
Genre | : Crimes against humanity |
ISBN | : 9781032123417 |
Focusing on the plight of the ethnic and religious group of the'Rohingya', normally residing in Myanmar, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising 'universal jurisdiction' in relation to genocide, crimes against humanity and war crimes.
Author | : Louwrens R. Kiestra |
Publisher | : Springer |
Total Pages | : 335 |
Release | : 2014-09-11 |
Genre | : Law |
ISBN | : 9462650322 |
In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 92 |
Release | : 2019-10-15 |
Genre | : Law |
ISBN | : 9280529137 |
Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.
Author | : Patrick J. Borchers |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Conflict of laws |
ISBN | : 9781782544265 |
In an increasingly globalized and digitized world, transactions, communications and data flow freely across national borders. When lawsuits arise as a result of those trans-border events, the question of which court or courts have jurisdiction and can provide the appropriate forum becomes critical. This two-volume collection provides a survey of personal jurisdiction across both time and legal systems. It includes articles ranging from the early 20th century to present day and to the problems created by jurisdiction in cyberspace. It also examines the jurisdictional premises of major common law countries and those in the civilian tradition. With an original introduction by the editor, these comprehensive volumes will appeal to scholars and practitioners alike.
Author | : Symeon Symeonides |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 372 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 9041127429 |
This book was originally published as a monograph in the International Encyclopaedia of Laws/Private International Law.
Author | : Franco Ferrari |
Publisher | : Edward Elgar Publishing |
Total Pages | : 517 |
Release | : 2019-12-27 |
Genre | : Law |
ISBN | : 1789906903 |
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
Author | : William Day |
Publisher | : Bloomsbury Publishing |
Total Pages | : 499 |
Release | : 2023-05-18 |
Genre | : Law |
ISBN | : 1509952667 |
This collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.
Author | : Peter Hay |
Publisher | : |
Total Pages | : 1112 |
Release | : 2004 |
Genre | : Conflict of laws |
ISBN | : |