Explanatory Report On The Convention Of 2 July 2019 On The Recognition And Enforcement Of Foreign Judgments In Civil Or Commercial Matters
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Research Methods In Private International Law
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Author : Xandra Kramer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-05-02
Research Methods In Private International Law written by Xandra Kramer 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.
This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.
Essays In International Litigation For Lord Collins
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Author : Jonathan Harris
language : en
Publisher: Oxford University Press
Release Date : 2022-11-17
Essays In International Litigation For Lord Collins written by Jonathan Harris 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 2022-11-17 with Law categories.
The practice of international litigation has been transformed in recent decades. Central to the development of international litigation as a field has been the remarkable career of Lord Collins: scholar, practitioner, judge and arbitrator. In this collection in his honour, inspired by Collinss own late 20th Century classic Essays in International Litigation and the Conflict of Laws (OUP 1994), Jonathan Harris and Campbell McLachlan present the research of sixteen jurists of international renown. They offer a fresh appraisal of key developments across the field: from climate litigation to offshore trusts, the impact of Brexit and the new tools for international judicial cooperation. Organised into five parts, the book offers a set of unique insights into the conduct of cross-border litigation; the judicial role in international cases; the shape of English private international law; the conduct of international arbitration; and the interface with public international law. As a whole, the book offers the opportunity to reflect on the deeper purposes of international litigation in the pursuit of comity.
Indian Private International Law
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Author : Stellina Jolly
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-10-07
Indian Private International Law written by Stellina Jolly and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-07 with Law categories.
This book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of 'Sharia' in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject.
Cyberjustice De Nouvelles Opportunit S Pour L Huissier De Justice Cyberjustice New Opportunities For The Judicial Officer
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Author : David Walker
language : en
Publisher: Bruylant
Release Date : 2022-10-21
Cyberjustice De Nouvelles Opportunit S Pour L Huissier De Justice Cyberjustice New Opportunities For The Judicial Officer written by David Walker and has been published by Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-21 with Law categories.
Il s’agit des travaux écrits du congrès mondial des huissiers de justice. Lors de ce congrès (qui se déroule tous les 3 ans) qui se tient à Dubaï fin novembre on désire donner un aperçu de la profession au travers du monde et des pays. Il s’agit de montrer ici particulièrement quel a été l’impact du Covid et de quelle manière la profession a réagie surtout au niveau de la digitalisation. Il s’agit de montrer que l’humain n’est pas dissociable de la digitalisation dans une matière aussi sensible que l’exécution forcée. Il s’agit de la première fois pour l’UIHJ de publier un ouvrage distribué au congrès qui sera disponible à la vente. Les résultats des travaux qui amènent à cet ouvrage sont cruciaux et important pour l’avenir de notre profession. L’expérience qui existe au sein de chacun des 93 membres de l’UIHJ est une richesse dont tout le monde doit s’inspirer dans un domaine aussi sensible que l’exécution forcée. Par ailleurs nous constatons dans notre profession d’huissier de justice que notre monde est entouré de la digitalisation et qu’on assiste à une émergence de notions que nous avons du mal à cerner tel que Blockchain, AI, Big Data, Machine Learning... au début ces termes ne nous faisaient pas peur, depuis l’apparition de la justice prédictive, des smart contrat qui s’auto exécutent il est temps pour la profession de réagir. L’ouvrage se veut donc le résultat de cette recherche à travers le monde afin de proposer des pistes et solutions concrètes de quelle manière l’huissier de justice peut-il enrichir la digitalisation dans un monde où on veut le contraire, c’est-à-dire promouvoir la fin des tiers de confiance.
The Hague Judgments Convention And Commonwealth Model Law
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Author : Abubakri Yekini
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-08-12
The Hague Judgments Convention And Commonwealth Model Law written by Abubakri Yekini and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-12 with Law categories.
This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.
The Multi Level Governance Of Space Mining
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Author : Antonino Salmeri
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-02-07
The Multi Level Governance Of Space Mining written by Antonino Salmeri 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 2023-02-07 with Law categories.
Aerospace Law and Policy Series, Volume 24 Space mining holds the potential to revolutionize the space sector, but whether this revolution will be for good or for worse depends on how it will be governed. Under the right framework, space resource activities can enable a new era of prosperous and sustainable space exploration. But with the wrong rules (or lack thereof), they have the potential to destabilize the peaceful and cooperative uses of space. This book provides an in-depth analysis of how the systemic nature of international law, existing provisions of international space law and a growing number of national legislations are shaping the multi-level governance of space mining, including an unprecedented assessment of possible adjudication and enforcement options. The author investigates the multi-level framework of space law provision by provision, foregrounding relevant implications for the governance of space mining. Questions addressed include the following: Which national and international provisions govern the conduct of space resource activities? Are these provisions sufficient, and can they be enforced? How can we evolve the existing framework to govern large-scale, long-term space resource activities? What practical lessons can be learnt from comparable regulatory regimes governing the sea, telecommunications and Antarctica? The author moves from general to particular, beginning with the status of international law as a legal order and ending with the specific options available for enforcing norms applicable to space mining. The book concludes by evaluating the tenure of the current governance system and proposing three pragmatic correctives to stabilize it in the short, medium, and long term. Professionals and academics involved or interested in space mining will find this book indispensable. It will provide them with a full and clear picture of the regulatory status quo, as well as with expert advice on how to navigate the complex dynamics of contemporary policymaking efforts in this area. Space mining operators can further use this book to understand the implications of domestic and international provisions applicable to their activities. Finally, regulators and policymakers can leverage the analysis conducted in this book to identify the key aspects to be addressed for the safe, sustainable, rational and peaceful conduct of space resource activities in accordance with international law and as the province of all humankind.
The Hcch 2019 Judgments Convention
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Author : Matthias Weller
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-05-18
The Hcch 2019 Judgments Convention written by Matthias Weller and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-18 with Law categories.
This book analyses, comments and further develops on the most important instrument of the Hague Conference on Private International Law (HCCH): the HCCH 2019 Judgments Convention. The HCCH Convention, the product of decades of work, will have a transformative effect on global judicial cooperation in civil matters. This book explores its 'mechanics', i.e. the legal cornerstones of the new Convention (Part I), its prospects in leading regions of the world (Part II), and offers an overview and comment on its outlook (Part III). Drawing on contributions from world-leading experts, this magisterial and ambitious work will become the reference work for law-makers, judges, lawyers and scholars in the field of private international law.
Global Peace And Security
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Author : Norman Chivasa
language : en
Publisher: BoD – Books on Demand
Release Date : 2023-12-20
Global Peace And Security written by Norman Chivasa and has been published by BoD – Books on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-20 with Social Science categories.
This book, Global Peace and Security, is a collection of reviewed and relevant research chapters offering a comprehensive overview of recent developments in the social sciences. It is written by various researchers and edited by an expert active in global peace and security research. All chapters are complete in themselves but united under a common research study topic. The book provides a thorough overview of the latest research efforts by international authors on global peace and security, opening new possible research paths for further novel developments
Cross Border Trade Secret Disputes In The European Union
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Author : Lydia Lundstedt
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-10-06
Cross Border Trade Secret Disputes In The European Union written by Lydia Lundstedt 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 2023-10-06 with Law categories.
With the rise of international trade and innovation, there has been an increase in cross border trade secret violations. Using common trade secret scenarios as a springboard for analysis, the book questions whether EU private international law rules can be interpreted to facilitate the objective of the EU Trade Secret Directive and in doing so provides a detailed examination of both regimes.
The Singapore Convention On Mediation
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Author : Nadja Alexander
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-08-11
The Singapore Convention On Mediation written by Nadja Alexander 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 2022-08-11 with Law categories.
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.