Linkages And Boundaries In Private And Public International Law
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Linkages And Boundaries In Private And Public International Law
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Author : Verónica Ruiz Abou-Nigm
language : en
Publisher:
Release Date : 2018
Linkages And Boundaries In Private And Public International Law written by Verónica Ruiz Abou-Nigm and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Conflict of laws categories.
Linkages And Boundaries In Private And Public International Law
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Author : Veronica Ruiz Abou-Nigm
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-07-26
Linkages And Boundaries In Private And Public International Law written by Veronica Ruiz Abou-Nigm and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-26 with Law categories.
Do private and public international law coincide in their underlying objectives when it comes to their respective contribution to the realisation of global values? How do they work together towards the consistency and efficiency of the international legal order? This edited collection sets out a vision: to serve modern society, the international legal order cannot be defined as public or private. Linkages and Boundaries focuses on the interface between private and public international law and the synergies that a joint approach brings to topical issues, such as corporate social responsibility and environmental law, as well as foundational concepts such as international jurisdiction, state sovereignty and party autonomy. The book showcases the dynamic interaction between the two disciplines, with a view to contribute to a dialogue that is still only in the early stages of delivering its full potential. The collection explores ways to deepen the dialogue between these two distinct but interrelated disciplines, with a view to further their progression towards a more integrated and holistic approach to legal problems that require an international approach. The book brings together well-known experts and new voices from both disciplines and from a wide range of jurisdictions in Europe, North America and South America.
Universal Civil Jurisdiction
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Author : Serena Forlati
language : en
Publisher: BRILL
Release Date : 2020-10-12
Universal Civil Jurisdiction written by Serena Forlati and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-12 with Law categories.
Enabling the victims of international crimes to obtain reparation is crucial to fighting impunity. In Universal Civil Jurisdiction – Which Way Forward? experts of public and private international law discuss one of the key challenges that victims face, namely access to justice. Civil courts in the country where the crime was committed may be biased, or otherwise unwilling or unable to hear the case. Are the courts of other countries permitted, or required, to rule on the victim’s claim? Trends at the international and the domestic level after the Naït-Liman judgment of the European Court of Human Rights offer a nuanced answer, suggesting that civil jurisdiction is not only concerned with sovereignty, but is also a tool for the governance of global problems.
From Theory To Practice In Private International Law
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Author : Justin Borg-Barthet
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-02-22
From Theory To Practice In Private International Law written by Justin Borg-Barthet and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-22 with Law categories.
This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world to address a wide spectrum of subject matter in the discipline. It offers substantial new insights into our understanding of private international law – from theory to practice. The contributions in the book analyse a variety of conceptual and substantive problems in private international law and consider current developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across a range of longstanding issues on which there is insufficient scholarly analysis. These include contemporary problems of great political importance, such as environmental protection, gender-based discrimination, asymmetries of private power, and the proper delineation of public and private intervention. The authors also address emerging problems in commercial law, such as cryptocurrencies, longstanding definitional concerns in family law, and broader emerging systemic concerns, such as the treatment of authentic instruments and the place of human rights protection in global supply chains. The book is a valuable resource for the judiciary, legal practitioners, policy makers, and scholars and students of private international law.
Secession In International Law With A Special Reference To The Post Soviet Space
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Author : Júlia Miklasová
language : en
Publisher: BRILL
Release Date : 2024-08-19
Secession In International Law With A Special Reference To The Post Soviet Space written by Júlia Miklasová and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-19 with Law categories.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. International law is increasing in relevance to the topic of secession. This book demonstrates that if a secessionist entity’s effectiveness is achieved in violation of peremptory norms, the emergence of statehood is precluded, thereby challenging a classical view of secession as purely factual and meta-legal. Dr. Júlia Miklasová coins the term “illegal secessionist entity,” demonstrates the pervasive effects of the original illegality on the subsequent relations of such entities (purported diplomatic, treaty, economic relations, acts and laws) and outlines the overlapping regimes of the law of occupation, human rights law and duty of non-recognition. Post-Soviet secessionist entities result from an illegal use of force. They are thus prohibited from becoming States, and further consequences of their illegality apply.
The Oxford Handbook Of Jurisdiction In International Law
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Author : Stephen Allen
language : en
Publisher:
Release Date : 2019
The Oxford Handbook Of Jurisdiction In International Law written by Stephen Allen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
This Handbook provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. The authors undertake a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law.
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.
Diversity And Integration In Private International Law
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Author : Ruiz Abou-Nigm Veronica Ruiz Abou-Nigm
language : en
Publisher: Edinburgh University Press
Release Date : 2019-08-05
Diversity And Integration In Private International Law written by Ruiz Abou-Nigm Veronica Ruiz Abou-Nigm and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-05 with Law categories.
How can private international law contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society? Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions and institutions, the volume explores how private international law's connective capacity could be enhanced by more inclusive methodologies. This would allow it to better able to engage with the reality of the integration that it is there to promote. Based on comparative methodology, the volume examines legal practice, as revealed by national and regional case law. The scope includes the practice of international commercial arbitration; private international law regulatory frameworks; and legal theory.
Private International Law Aspects Of Corporate Social Responsibility
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Author : Catherine Kessedjian
language : en
Publisher: Springer Nature
Release Date : 2020-03-06
Private International Law Aspects Of Corporate Social Responsibility written by Catherine Kessedjian and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-06 with Law categories.
This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.
Contract Interpretation In Investment Treaty Arbitration
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Author : Yuliya Chernykh
language : en
Publisher: BRILL
Release Date : 2022-01-17
Contract Interpretation In Investment Treaty Arbitration written by Yuliya Chernykh and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-17 with Law categories.
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.