Restitution in Private International Law

Restitution in Private International Law
Author: George Panagopoulos
Publisher: Hart Publishing
Total Pages: 310
Release: 2000-11-10
Genre: Law
ISBN: 1841131423

Panagopoulos, a barrister practicing in London, begins with a summary of the English domestic law of restitution and reviews the classification of restitutionary claims. He then examines the differences among a variety of common law approaches to restitutionary issues, focusing on the US and UK. A final section analyzes jurisdiction in private international law, both under the Brussels Convention and the traditional common law rules of England. The legalistic language used in the book emphasizes that it was designed primarily for law professionals. Distributed by ISBS. c. Book News Inc.

Compensation and Restitution in Investor-State Arbitration

Compensation and Restitution in Investor-State Arbitration
Author: Borzu Sabahi
Publisher: OUP Oxford
Total Pages: 1722
Release: 2011-06-30
Genre: Law
ISBN: 019102158X

This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors.

The Law and Ethics of Restitution

The Law and Ethics of Restitution
Author: Ḥanokh Dagan
Publisher: Cambridge University Press
Total Pages: 402
Release: 2004-08-12
Genre: Business & Economics
ISBN: 9780521829045

This 2004 book provides acomprehensive account of the American law of restitution.

Private International Law, Art and Cultural Heritage

Private International Law, Art and Cultural Heritage
Author: Christa Roodt
Publisher: Edward Elgar Publishing
Total Pages: 417
Release: 2015-04-30
Genre: Law
ISBN: 1781002169

In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the co

Stone on Private International Law in the European Union

Stone on Private International Law in the European Union
Author: Peter Stone
Publisher: Edward Elgar Publishing
Total Pages: 967
Release: 2018-07-27
Genre: Law
ISBN: 1784712663

Within Europe the private international law rules have been harmonized to a very large extent by legislation adopted at EU level and case-law on the interpretation of this legislation. Recent developments include the entry into operation of revised versions of the Brussels I Regulation on civil jurisdiction and judgments and the Regulation on insolvency proceedings, as well as numerous decisions of the European Court and the English courts. The new edition of this authoritative work takes account of recent developments at both EU and UK levels.

General Principles and the Coherence of International Law

General Principles and the Coherence of International Law
Author: Mads Andenas
Publisher: BRILL
Total Pages: 474
Release: 2019-05-20
Genre: Law
ISBN: 9004390936

General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.

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.

The Right to a Fair Trial in International Law

The Right to a Fair Trial in International Law
Author: Amal Clooney
Publisher: Oxford University Press, USA
Total Pages: 1057
Release: 2021-02-11
Genre: Law
ISBN: 0198808399

This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.

Restitution in Private International Law

Restitution in Private International Law
Author: Robert Stevens
Publisher:
Total Pages: 300
Release: 2002
Genre: Conflict of laws
ISBN: 9780198298434

This book is the first unified and in-depth assessment of the issues raised in private international law by the law of restitution, and includes coverage of restitutionary choice of law issues, such as subrogation, constructive trusts and claims for contribution. The unity and importance of the law of restitution in English domestic law is being increasingly recognized by academics, practitioners, and most importantly the courts. In recent years there have been a significant number of cases dealing with unjustified enrichment in private international law, including Baring Bros v Cunninghame D.C., and Re Polly Peck International plc. The focus of the book is on difficulties which might arise in practice, and it aims to assist practitioners dealing with issues which have not previously been treated at length: for example, in the case of money laundering, giving guidance to a commercial practitioner on which laws apply to a plaintiff's attempt to follow and trace the value of his money through a number of jurisdictions. The primary concern of the book is English private international law, however the domestic law of unjustified enrichment in other states is discussed in order to consider the problems conflicts between domestic laws can create. The jurisdictional and choice of law rules of other systems are also analyzed in comparison with English law.

Cases and Materials on the Law of Restitution

Cases and Materials on the Law of Restitution
Author: Andrew S. Burrows
Publisher:
Total Pages: 1101
Release: 2007
Genre: Law
ISBN: 0199296510

Written by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject. The second edition of this seminal title continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities.