Adjudicatory Authority In Private International Law
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Adjudicatory Authority In Private International Law
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Author : Arthur Taylor Von Mehren
language : en
Publisher: Brill Nijhoff
Release Date : 2007
Adjudicatory Authority In Private International Law written by Arthur Taylor Von Mehren and has been published by Brill Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Administrative procedure categories.
This book is a revised and expanded version of the General Course delivered by the author at the Hague Academy of International Law. It contains three parts that discuss theory and practice of adjudicatory authority in private international law in comparative perspective focusing on the United States, Germany and the European Union. The first part examines the foundations and emergence of jurisdictional theory elaborating on the types of adjudicatory authority and the design of jurisdictional provisions. Part two covers basic themes and pervasive issues reflecting, inter alia, on the actor sequitor forum rei principle, choice of forum agreements, forum non conveniens, antisuit injunctions and the lis pendens doctrine. The last part explores the role of international instruments for achieving convergence and harmonization. It analyzes the design of judgments conventions and in particular the efforts of the Hague Conference on Private International Law to foster worldwide harmonization. The volume was completed with the assistance of Dr. Eckart Gottschalk. Dr. Gottschalk is an Associate with CMS Hasche Sigle in Hamburg specializing on corporate law. Before he started practicing, he served as a Joseph Story Research Fellow at Harvard Law School, 2005-2006.
Global Private International Law
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Author : Horatia Muir Watt,
language : en
Publisher: Edward Elgar Publishing
Release Date :
Global Private International Law written by Horatia Muir Watt, and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
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.
Private International Law
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Author : Franco Ferrari
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019-12-27
Private International Law written by Franco Ferrari and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-27 with Law categories.
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.
Judging At The Interface
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Author : Esmé Shirlow
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-18
Judging At The Interface written by Esmé Shirlow and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-18 with Law categories.
This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.
The Court Of The European Communities New Dimension In International Adjudication
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Author : Werner Feld
language : en
Publisher: Springer
Release Date : 2012-12-06
The Court Of The European Communities New Dimension In International Adjudication written by Werner Feld and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
If the United States of Europe should become a reality in the future, it is highly probable that the Court of Justice of the European Communities, now sitting in Luxembourg, will be transformed into the supreme court of the new federation. Legal concepts and judicial traditions formed by the judges in Luxem bourg will then become a prominent part of the historical background of this new court. However, even now, during the process of economic intergration in Western Europe, the Court of the European Communities has been assuming an increasingly important role in the settlement of conflicts between economic and sometimes political interests. Moreover, through its more than hundred decisions, the Court has been developing a body of "European" case law which, in time, is likely to have favorable implications for the eventual political unification of Europe. This book is primarily intended as an introduction to the structure and functions of the Court of the European Communi ties. In this endeavor consideration has also been given to the forces and factors that might affect the judicial decisions of the Court and to the impact which such decisions might have upon economic enterprises and public policy in the Member states of the European Community, better known as the European Common Market.
Wither The West
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Author : Chiara Giorgetti
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-29
Wither The West written by Chiara Giorgetti and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-29 with Law categories.
A collection of expert essays analyzing how American and European's views of international law are diverging as a reaction to globalization.
In Whose Name
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Author : Armin von Bogdandy
language : en
Publisher: International Courts and Tribu
Release Date : 2014
In Whose Name written by Armin von Bogdandy and has been published by International Courts and Tribu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.
Yearbook Of Private International Law 2006
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Author : Paul Volken
language : en
Publisher: sellier. european law publ.
Release Date : 2007
Yearbook Of Private International Law 2006 written by Paul Volken and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Main description: Current Volume VIII (2006) of the Yearbook of Private International Law is arguably one of the most comprehensive collections of essays in English-language of our time: It presents the reader with a broad overview on the status and trends of private international law from the United States to India, from France to Tunisia, from England to China, from Latvia to Qatar, from Sweden to Japan. All main areas of law are addressed: among others, marriage, including same-sex marriage, adoption and protection of children, euthanasia and living wills, inheritance, contracts, torts, insolvency. Each of the four traditional steps of the 0conflict process0 is taken into account: adjudicatory jurisdiction, international cooperation and procedure, applicable law and its various incidents, recognition of foreign judgments. Practitioners will especially benefit from several contributions on international arbitration. Benefecial for: scholars, lawyers, judges, notaries, lawyers in law departments of international enterprises, legal libraries, working in the field of Private International Law.
Procedures In International Law
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Author : Gernot Biehler
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-09-12
Procedures In International Law written by Gernot Biehler and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-12 with Law categories.
The character of international law between scholarly reflection of foreign policy expediencies and recognising prescriptive rules binding on all concerned has long been a particular challenge to those active in the field. Law is not law if there is no procedure to both determine its contents and to show ways to enforce it. It is through its procedures that international law becomes real. Based on an overview of the varied procedures e.g. in both The Hague’s and the national courts and those found in international organisations a more consistent picture of international law emerges. This compendium for students and practitioners is accessible yet sophisticated in its approach.
Conflict Of Laws And The Internet
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Author : Pedro De Miguel Asensio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-05-02
Conflict Of Laws And The Internet written by Pedro De Miguel Asensio and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-02 with Law categories.
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.