Codifying Choice Of Law Around The World
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Codifying Choice Of Law Around The World
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Author : Symeon Symeonides
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Codifying Choice Of Law Around The World written by Symeon Symeonides and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
"The book is a comparative study of the choice-of-law codifications and convenƯ tions adopted in each of the inhabited continents in the last so years. Its main purpose is to document and inform rather than to critique. Although I do not always hide my opinion, I continue to act on the conviction that what we can learn from legislators is far more important than what they can learn from us" -- PREFACE.
Codifying Choice Of Law Around The World
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Author : Symeon C. Symeonides
language : en
Publisher:
Release Date : 2017
Codifying Choice Of Law Around The World written by Symeon C. Symeonides and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Índice: 1 Introduction - 2 Law Governing Tort Conflicts - 3 Party Autonomy in Contract Conflicts - 4 Codification and Flexibility - 5 Broad or Narrow Choice of Law: Issue-by-Issue Choice and Dépeçage - 6 Codification and Result Selectivism - 7 The Publicization of PIL: Unilateralism, State Interests, and International Uniformity - 8 Conclusions.
Codifying Choice Of Law Around The World
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Author : Dean Symeon C. Symeonides
language : en
Publisher: Oxford University Press
Release Date : 2014-04-30
Codifying Choice Of Law Around The World written by Dean Symeon C. Symeonides and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-30 with Law categories.
Codifying Choice of Law Around the World chronicles, documents, and celebrates the extraordinary, massive codification of Private International Law (PrIL), or Conflict of Laws that has taken place in the last 50 years, from 1962-2012. During this period, the world has witnessed the adoption of nearly 200 PrIL codifications, EU Regulations, and international conventions---more than in all preceding years since the inception of PrIL. This book provides a horizontal comparison and discussion of these codifications and conventions, first by comparing the way they resolve tort and contract conflicts, and then by comparing the answers of these codifications to the fundamental philosophical and methodological dilemmas of PrIL. In the process, this book re-examines and dispels certain widely held assumptions about choice of law, and the art and science of codification in general. Written by Symeon C. Symeonides, a renowned PrIL and comparative law expert with extensive first-hand experience in drafting codifications and advising other drafters, Codifying Choice of Law Around the World will serve as an indispensable point of reference for any serious study or discussion of PrIL, and comparative law.
Choice Of Law
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Author : Dean Symeon C. Symeonides
language : en
Publisher: Oxford University Press
Release Date : 2016-04-15
Choice Of Law written by Dean Symeon C. Symeonides and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.
Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
The Foundation Of Choice Of Law
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Author : Sagi Peari
language : en
Publisher: Oxford University Press
Release Date : 2018-03-30
The Foundation Of Choice Of Law written by Sagi Peari and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-30 with Law categories.
This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
Choice Of Law In International Commercial Contracts
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Author : Oxford Editor
language : en
Publisher:
Release Date : 2021-03
Choice Of Law In International Commercial Contracts written by Oxford Editor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03 with categories.
This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.
American Private International Law
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Author : Symeon Symeonides
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01
American Private International Law written by Symeon Symeonides and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
This book was originally published as a monograph in the International Encyclopaedia of Laws/Private International Law.
Comparative Human Rights Law
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Author : Sandra Fredman
language : en
Publisher: Oxford University Press, USA
Release Date : 2018
Comparative Human Rights Law written by Sandra Fredman and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Civil rights categories.
Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.
The Conflict Of Laws
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Author : Adrian Briggs
language : en
Publisher: OUP Oxford
Release Date : 2013-04-25
The Conflict Of Laws written by Adrian Briggs and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-25 with Law categories.
Adrian Briggs' invaluable introduction to the study of the conflict of laws provides a survey and analysis of the rules of private international law as they apply in England. The volume covers general principles, jurisdiction, and the effect of foreign judgments; choice of law for contractual and non-contractual obligations, the private international law of property, of persons, and of corporations. It does so in a manner which explains and illuminates the principles which underpin the subject in a clear and coherent fashion, as the wealth of literature, case law, and legislation often obscures the architecture of the subject and unnecessarily complicates study. This new edition organizes its material in light of European legislation on private international law, reflecting the shift towards understanding private international law as European law with a common law background instead of common law with European legislative influences. The author's approach is focused on the law and avoids the more abstract theory; as the theory of the conflict of laws is actually to be found in and by applying the legislation and jurisprudence to the cases and issues which arise in private international litigation and legal advice.
The Transfer Of Property In The Conflict Of Laws
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Author : Janeen M. Carruthers
language : en
Publisher: Oxford Private International L
Release Date : 2005
The Transfer Of Property In The Conflict Of Laws written by Janeen M. Carruthers and has been published by Oxford Private International L this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
This book provides a detailed and up-to-date exposition of English and Scottish rules of choice of law in inter vivos transfers of property. It traces the development of the lex situs rule, and its application to inter vivos dealings with immovable property, tangible movable property(including the special case of cultural property), and intangible movable property (including indirectly held securities).The author offers two alternative models of suggested choice of law rules in property, introducing a greater degree of flexibility into choice of law rules in property, and formulates even-handed solutions to the complex problems of space, time and policy which arise in this area of the conflict oflaws.