Party Autonomy In International Property Law
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Party Autonomy In International Property Law
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Author : Roel Westrik
language : en
Publisher: Walter de Gruyter
Release Date : 2011-06-30
Party Autonomy In International Property Law written by Roel Westrik and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-30 with Law categories.
Party autonomy is a subject that is traditionally rejected in the field of property law. Legal systems throughout Europe and most parts of the world still found their property law on the lex situs. This point of view, however, is challenged more and more. The immense intensification of worldwide trade may have turned boundaries between countries into barriers in a world that needs flexibility. This book deals with important questions concerning this problem, including: What happens to property rights related to movables and claims when borders are crossed? Do we recognize a German retention of title or an American security right? Which law will apply: the law of the country of origin, the lex situs or the law of the country of destination? How does legislation concerning financial instruments relate to the problem, and what is it all worth in insolvency situations?
Party Autonomy In Private International Law
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Author : Alex Mills
language : en
Publisher: Cambridge University Press
Release Date : 2018-08-16
Party Autonomy In Private International Law written by Alex Mills 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 2018-08-16 with Law categories.
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Choice Of Law In Copyright And Related Rights
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Author : Mireille M. M. van Eechoud
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
Choice Of Law In Copyright And Related Rights written by Mireille M. M. van Eechoud 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 2003-01-01 with Law categories.
Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
International Commercial Litigation
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Author : Trevor C. Hartley
language : en
Publisher: Cambridge University Press
Release Date : 2009-07-09
International Commercial Litigation written by Trevor C. Hartley 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 2009-07-09 with Business & Economics categories.
This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.
Rethinking Judicial Jurisdiction In Private International Law
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Author : Milana Karayanidi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-20
Rethinking Judicial Jurisdiction In Private International Law written by Milana Karayanidi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-20 with Law categories.
This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests. The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.
When Private International Law Meets Intellectual Property Law
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2019-10-15
When Private International Law Meets Intellectual Property Law written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-15 with Law categories.
Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.
Procedure Shopping Through Hybrid Arbitration Agreements
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Author : Nathalie Lendermann
language : de
Publisher: Nomos Verlagsgesellschaft
Release Date : 2018
Procedure Shopping Through Hybrid Arbitration Agreements written by Nathalie Lendermann and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Arbitration agreements, Commercial categories.
When parties choose an arbitration institution, are they free to determine the arbitration rules they apply? This book deals with the extent and limits of party autonomy in institutional international arbitration based on the example of hybrid arbitration agreements. Such agreements allow for arbitration administered by one institution but under the rules of another. In this study, the author analyses the problems that arise from such agreements under arbitration law, contract law, intellectual property law and unfair competition law from a transnational perspective and with regard to different legal systems. Moreover, she compares the rules and actors of leading European, Asian and American arbitration institutions. Practitioners and scholars will find this book to be a valuable guide when dealing with the specifics of institutional arbitration.
Party Autonomy In The International Contract Law American Swiss Aspects
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Author : Elisabeth Irminger
language : en
Publisher:
Release Date : 1953
Party Autonomy In The International Contract Law American Swiss Aspects written by Elisabeth Irminger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1953 with categories.
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.
Conflict Of Laws In A Globalized World
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Author : Eckart Gottschalk
language : en
Publisher: Cambridge University Press
Release Date : 2011-03-03
Conflict Of Laws In A Globalized World written by Eckart Gottschalk 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 2011-03-03 with Law categories.
This book contains ten contributions that examine current topics in the evolving transatlantic dialogue on the conflict of laws. The first five contributions deal with the design of judgments conventions in general, the recently adopted Hague Convention on Choice of Court Agreements, problems involving negative declaratory actions in international disputes, and recent transatlantic developments relating to service of process and collective proceedings. The remaining five contributions focus on comparative and economic dimensions of party autonomy, choice of law relating to intellectual property rights, the applicable law in antitrust law litigation, international arbitration, and actions for punitive damages.