Private International Law
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Author | : Dan Jerker B. Svantesson |
Publisher | : |
Total Pages | : 0 |
Release | : 2007 |
Genre | : Conflict of laws |
ISBN | : 9789041125163 |
In this fresh and original approach to what is perhaps the most crucial current issue in private international law, Dan Svantesson examines how the Internet affects and is affected by the four fundamental questions: When should a lawsuit be entertained by the courts? Which states law should be applied? When should a court that can entertain a lawsuit decline to do so? And will a judgement rendered in one country be recognised in another? He identifies eleven characteristics of Internet communication that are relevant to these questions, and then proceeds with a detailed investigation of whether and to what extent these characteristics (or their closest analogues) have already been dealt with in legal issues arising from other forms of communication. Dr Svantesson’s approach focuses on several issues that have far-reaching consequences in the Internet context, including the following: cross-border defamation; cross-border business contracts; and cross-border consumer contracts; A wide survey of private international law solutions encompasses insightful analyses of relevant laws adopted in a variety of countries including Australia, England, Hong Kong, the United States, Germany, Sweden, and China as well as in international instruments. There is also a chapter on advances in geo-identification technology and its special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts. Dr Svantesson's book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this new and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable rules on jurisdiction, applicable law, and recognition and enforcement of judgments for communication via the World Wide Web.
Author | : Franco Ferrari |
Publisher | : Edward Elgar Publishing |
Total Pages | : 520 |
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 | : 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 | : Meyer, Olaf |
Publisher | : Edward Elgar Publishing |
Total Pages | : 503 |
Release | : 2022-09-06 |
Genre | : Law |
ISBN | : 1789902665 |
The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.
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 | : Ludwig von Bar |
Publisher | : |
Total Pages | : 1222 |
Release | : 1892 |
Genre | : Conflict of laws |
ISBN | : |
Author | : Raleigh C. Minor |
Publisher | : |
Total Pages | : 640 |
Release | : 1901 |
Genre | : Conflict of laws |
ISBN | : |
Author | : George A. Bermann |
Publisher | : Pocket Books of the Hague Acad |
Total Pages | : 644 |
Release | : 2017 |
Genre | : Law |
ISBN | : 9789004348257 |
No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration's dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of "soft law," some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.
Author | : Horatia Muir Watt, |
Publisher | : Edward Elgar Publishing |
Total Pages | : 640 |
Release | : |
Genre | : |
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 | : Winston Anderson |
Publisher | : Ian Randle Publishers |
Total Pages | : 339 |
Release | : 2003 |
Genre | : Conflict of laws |
ISBN | : 9768167386 |