Reform And Development Of Private International Law
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Reform And Development Of Private International Law
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Author : Peter Machin North
language : en
Publisher: Oxford University Press on Demand
Release Date : 2002
Reform And Development Of Private International Law written by Peter Machin North and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
This collection of essays by his friends and colleagues honours Sir Peter North's remarkable career and outstanding contribution to private international law. It takes as its theme the reform and development of private international law, reflecting the three different levels at which the development and reform of private international law takes place. Robin Morse discusses the creeping codification of private international law. Trevor Hartley draws attention to an area of private international law, that relating to matrimonial property, which is entirely judge-made. Joost Blom shows how quickly the judges, in this case in the Supreme Court of Canada, can develop private international law once they set their mind to it. Sir Lawrence Collins discusses the concept of comity in modern private international law. Writers too have had their part to play in the development of private international law; this is the subject of the contribution by Ole Lando. Kurt Siehr looks at the impact of international instruments on national private international law and the problems that this throws up. A number of contributors discuss various aspects of the ever-growing Europeanization of private international law. Ian Fletcher focuses on the EC Regulation on Insolvency Proceedings and its impact upon established law and practice in England and Wales. Paul Beaumont examines questions of legal basis and external competence and the best way for the UK and Europe to be represented in issues of private international law globally as well as offering a technical analysis of the contract provision of the Brussels I Regulation. Hans Ulrich Jessurun d'Oliveira examines the uneasy relationship between the European Union and private international law and the movement towards eroding the latter. Peter Nygh compares declining jurisdiction under the Brussels I Regulation and the preliminary draft Hague Judgments Convention. Other contributors have concentrated on aspects of the reformof private international law on a world-wide basis. Jonathan Harris discusses the Hague Convention on the Law Applicable to Trusts and on their Recognition 1985 in his examination of the trust in private international law. Not surprisingly there is much discussion in this book of the ambitious project that has been absorbing the Hague Conference for nearly ten years, namely a Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters. David McClean discusses the history of the project and, if it does fail, a possible way forward. Ron Brand suggests a more modest goal at the Hague Conference, namely a choice of court plus recognition convention. Whatever the fate of the Hague Judgments Convention, the work undertaken at the Hague can still be used in the future. It can inform the discussion of what we should do in intellectual property cases in private international law, which is the subject of James Fawcett's contribution.
Private International Law And Global Governance
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Author : Horatia Muir Watt
language : en
Publisher: Law and Global Governance
Release Date : 2014
Private International Law And Global Governance written by Horatia Muir Watt and has been published by Law and Global Governance this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Horatia Muir Watt and Diego P. Fernández-Arroyo: Introduction: The Relevance of Private International Law to the Global Governance Debate Part I: BEHIND CLOSED DOORS: THE PRIVATE MODEL AND ITS DISCONTENTS Section A. Epistemological Challenge: The Meaning of 'Private' in Private International Law 1: Geoffrey Samuel: Comparative Law as Resistance 2: Robert Wai: Private v Private: Transnational Private Law and Contestation in Global Economic Governance 3: Ralf Michaels: Post-critical Private International Law: From Politics to Technique Section B. Political Critique: Privatization as Homogenization 4: Tomaso Ferrando: Global Land Grabbing: A Tale of Three Legal Homogenizations 5: Veronica Corcodel: Governance Implications of Comparative Legal Thinking: On Henry Maine's Jurisprudence and British Imperialism Section C. Searching for Legitimacy: Questions of Design 6: Diego P. Fernández-Arroyo: Private Adjudication Without Precedent? 7: Gilles Cuniberti: The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking 8: Yannick Radi: Balancing the Public and the Private in International Investment Law PART II: BEYOND THE SCHISM: EMERGING MODELS AND WORLDVIEWS Section A. The Global Turn to Informality: Pragmatism and Constructivism 9: Benoit Frydman: A Pragmatic Approach To Global Law 10: Harm Schepel: Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation 11: Michael Karayanni: The Extraterritorial Application of Access to Justice Rights: On the Availability of Israeli Courts to Palestinian Plaintiffs Section B. Re-importing Public Law Methodology: Federalism and Constitutionalism 12: Alex Mills: Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law 13: Jacco Bomhoff: The Constitution of the Conflict of Laws 14: Jérémy Heymann: Importing Proportionality to the Conflict of Laws Section C. Reinventing a Global Horizon: Working towards a Global Public Good 15: Bram van der Eem: Financial Stability and Private International Law 16: Ivana Isailovic: Recognition(and Mis-recognition) in Private International Law 17: Sabine Corneloup: Can Private International Law Contribute to Global Migration Governance? Horatia Muir Watt: Paradigm Change in Private International Law: Renewal, Circularity, or Decline?
Principles Of The Conflict Of Laws
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Author : Kurt Lipstein
language : en
Publisher: Brill Archive
Release Date : 1981-09-16
Principles Of The Conflict Of Laws written by Kurt Lipstein and has been published by Brill Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981-09-16 with Law categories.
This book is a revised updated version of the General Course of Lectures on Private International Law delivered at the Hague Academy of International Law in 1990. The overall purpose is to examine the development & reform of choice of law rules in a number of common law jurisdictions. Much has been written about the 'Revolution' in conflict of laws in the U.S.A.; rather less account, however, has been taken of the major changes elsewhere in the common law world. This work serves to provide a critical account of those developments over the past few decades. Some changes are more recent & of international origin, such as the European Community Rome Convention (1980) on the law applicable to contractual obligations or the Hague Conventions on Child Abduction (1980), on Marriage (1978) & on Succession (1988), & consideration is given to their impact on common law jurisdictions. The process of change is a continuous one & attention is also devoted to current proposals for reform in the fields, for example, of domicile & torts.
Civil Law Reforms In Post Colonial Asia
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Author : Yuka Kaneko
language : en
Publisher: Springer
Release Date : 2019-03-13
Civil Law Reforms In Post Colonial Asia written by Yuka Kaneko and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-13 with Law categories.
This book focuses on the legal systems of the late-developing countries of ASEAN (Cambodia, Laos, Myanmar, and Vietnam, often referred to as the CLMV countries). These nations are apt to be placed in an economically disadvantageous situation within the opportunity of communalization of legal systems being advanced by the ASEAN Economic Community (AEC) launched in 2015, and the book clarifies the dynamics of the changes within these legal systems. Concurrently, there is an intention to analyze the “legal system development support” that has continued to be provided to these countries since the mid-1990s via international development support from international organizations and developed countries including Japan. In particular, the emphasis has been on the area of civil law, where the main subject of Japan’s support has been centered on the civil code and civil procedure code. The legal system of the recipient country is complicated by the crisscrossing of the remnants of previous eras, from the inherent laws that have existed since before colonization, the laws of the colonial powers that were introduced during the colonial era (French law in Cambodia, Laos, and Vietnam; English law in Myanmar), the influence of socialist law after independence from colonization, and the path of modern industrialization and development, such that one country's legal system is the combination of all of these influences. For the reader to understand the dynamics of these changing laws, each chapter of the book combines two methodological perspectives. The first is to ascertain the spatial range as to how far the civil law extends across social phenomena. The second is a historical perspective in which the trends in legal changes will be understood on a time axis.
The Theory And Practice Of Private International Law
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Author : Ludwig von Bar
language : en
Publisher:
Release Date : 1892
The Theory And Practice Of Private International Law written by Ludwig von Bar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1892 with Conflict of laws categories.
Development Law And International Finance
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Author : Rumu Sarkar
language : en
Publisher: Springer
Release Date : 2002-06-27
Development Law And International Finance written by Rumu Sarkar and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-06-27 with Law categories.
Development law has increasingly gained in importance for the international law practitioner in a world where unprecedented global interdependence has raised numerous legal and practice-oriented questions. Development Law and International Finance presents a comprehensive analytical framework for understanding development law issues from both a theoretical and practical viewpoint. The book analyzes this growing body of law in the context of the policy framework of 'Rule of Law' programs aimed at legal reform and structural legal change. The text also examines emerging constitutional and substantive principles of development law and the institutional framework in which it is unfolding. The author further discusses structural legal reform in the financial sector, and the extent to which private international transactions act as a catalyst for such legal reforms. In addition, the text critically reviews the changing role of capital markets. Finally, "Development Law and International Finance addresses the international human rights dimension of development and, in particular, the question of whether there is a human right to development. The book constitutes a valuable contribution to this emerging legal discipline and is essential reading for international legal practitioners, public international law experts, and policy makers involved in the development process. The author is the Assistant General Counsel for Administrative Affairs with the Overseas Private Investment Corporation, and an Adjunct Law Professor at the Georgetown University Law Center in Washington, D.C.
Recueil Des Cours 1990 1
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Author : Academie de Droit International de la Haye
language : en
Publisher: Springer
Release Date : 1991-01-14
Recueil Des Cours 1990 1 written by Academie de Droit International de la Haye and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-01-14 with Law categories.
Recueil Des Cours Collected Courses Of The Hague Academy Of International Law
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Author : Academie de Droit International de la Haye
language : en
Publisher: Springer
Release Date : 1996-06-03
Recueil Des Cours Collected Courses Of The Hague Academy Of International Law written by Academie de Droit International de la Haye and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-06-03 with Law categories.
"In this course devoted to the American approach of the international process of progressive development of private international law, Peter Pfund, Assistant Legal Adviser at the US Department of State, hopes to demystify the international process of unification/harmonization of "private" law at the international level. This study is primarily focused on the process of harmonization as such. Peter Pfund starts his course by a general introduction to the international unification of private international law. He explains in what follows how the United States prepares for and participates in international meetings and conferences, ratifies conventions, and seeks to make the conventions concerning private international law work. Peter Pfund then looks at the role of the United States in intergovernmental negotiations and the success of conventions, at the model laws and rules that are its results, at the major current and future projects, and at the usefulness of the unification/harmonization of private international law. The author then presents the 1980 United Nations Convention on contracts for the international sale of goods as an example of the international and United States domestic processes. Lastly, he analyses the 1993 Hague Intercounty Adoption Convention: problems confronting the United States in its negotiation, and issues that need to be resolved in order to ratify the convention"--Publisher's description.
Essays In Private International Law
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Author : Peter Machin North
language : en
Publisher: Oxford University Press
Release Date : 1993
Essays In Private International Law written by Peter Machin North 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 1993 with Law categories.
The nine essays collected here, some originally delivered as lectures, others written as law journal articles, have all appeared over the past fifteen years. They examine issues of topical importance in the three traditional areas of private international law: the jurisdiction of the courts, choice of the applicable law, and the recognition of foreign judgments. These areas are discussed with reference to a wide range of subject issues, in particular contract, tort, family law, and some aspects of property law. A major theme is reform and change, not only within the United Kingdom, but also as a consequence of developments within the European Community and in the light of proposals in the U.S. and worldwide.
The Law Of Humanity Project
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Author : Ukri Soirila
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-07-15
The Law Of Humanity Project written by Ukri Soirila and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-15 with Law categories.
This book provides the first comprehensive introduction to the role of humanity in international law, offering a fresh perspective to a discussions with global implications. The 1990s and the first decade of the twenty-first century witnessed the sporadic emergence of a new vision of global law. Although the vision has taken many different forms, all instances of it have been uniform in the attempt of radically altering how we understand international law by seeking to posit the human as the primary subject of the international legal order and humanity as its main source of legitimacy. Together, this book calls these instances “the law of humanity project”. In so doing, it also paints a picture of and critically assesses a particular moment in the history of international law – a moment which may have already come to a sudden end as a consequence of the current populist backlash in world politics, but during which it seemed inevitable that the law of humanity vision would come to play an increasingly important role in world affairs.