Reform Of The Choice Of Law Rule Relating To Torts
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Reform Of The Choice Of Law Rule Relating To Torts
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Author : Singapore Academy of Law. Law Reform Committee
language : en
Publisher:
Release Date : 2003
Reform Of The Choice Of Law Rule Relating To Torts written by Singapore Academy of Law. Law Reform Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Conflict of laws categories.
Reform Of Choice Of Law Rules For Tort
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Author : Jack Wass
language : en
Publisher:
Release Date : 2019
Reform Of Choice Of Law Rules For Tort written by Jack Wass and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
This article examines the Private International Law (Choice of Law in Tort) Bill, referred to the New Zealand Justice and Electoral Select Committee at the end of 2016. The authors explore the potential effects of the Bill, such as the abolition of the double actionability rule, along with certain policy issues in defamation and intellectual property that may arise if the Bill is introduced as law. The article concludes with the suggestion that Parliament clarify that the Bill is confined to the realm of objective choice of law, leaving the courts free to develop rules giving effect to choice of law agreements in appropriate cases.
A New Choice Of Law Rule In Tort
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Author : Paul William McKnight
language : en
Publisher:
Release Date : 1990
A New Choice Of Law Rule In Tort written by Paul William McKnight and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Conflict of laws categories.
The Principles And Policies Of Tort Choice Of Law
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Author : Jennifer L. Vytopil
language : en
Publisher:
Release Date : 1997
The Principles And Policies Of Tort Choice Of Law written by Jennifer L. Vytopil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with categories.
Federal And Territory Choice Of Law Rules
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Author : Australia. Law Reform Commission
language : en
Publisher:
Release Date : 1989
Federal And Territory Choice Of Law Rules written by Australia. Law Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Administrative procedure categories.
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 Tort Law In Vietnam Taking Stock And The Case For Reform
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Author : Luong Duc Doan
language : en
Publisher:
Release Date : 2023
International Tort Law In Vietnam Taking Stock And The Case For Reform written by Luong Duc Doan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
This article proposes that the current Vietnamese conflict of law rules for tort actions, which presently use the place of damages rule to determine the applicable law (meaning applying the law of the jurisdiction where the damage occurred), should be supplemented with additional conflicts of law rules in order to address the problems presented by specific tort actions such as environmental pollution, product liability, intellectual property rights, and violations of competition rules. It is proposed that for these specific torts, the place of damages rule needs to be either replaced by other connecting factors, such as the place of acting or the rule of closest connection, or it has to be made more concrete. In other types of torts, the rule has to be rebuttable by the foreseeability defense or has to give way to a ubiquity rule granting the plaintiff the choice between the laws of the place of damage and the laws of the place of acting.
Private Law In The 21st Century
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Author : Kit Barker
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-01-26
Private Law In The 21st Century written by Kit Barker and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-26 with Law categories.
This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.
Comparative Tort Law
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Author : Mauro Bussani
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-02-26
Comparative Tort Law written by Mauro Bussani 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 2021-02-26 with Law categories.
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
2007
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Author : Paul Volken
language : en
Publisher: Walter de Gruyter
Release Date : 2009-04-27
2007 written by Paul Volken 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 2009-04-27 with Law categories.
2007 was arguably the most extraordinary year in recent memory for the development of Private International Law. Reflecting the vitality and fluidity of a subject that is in constant motion, Volume IX of the Yearbook of Private International Law is again a very rich and multi-faceted book. An entire thematic section of this volume is devoted to the "Rome II" Regulation on the law applicable to non-contractual obligations, which was adopted by the EC institutions in July 2007. Being the first EC regulation on pure applicable law issues, this text opens up a new era in the process of creating a European PIL system. It deserved therefore a detailed commentary and analysis of its main provisions by experts from several EU States. Because of the interest that this European text presents for third party States, some distinguished scholars from non-European areas (the US, Japan, Latin America and Australia) were also asked to express their views on this important piece of Community legislation and the possible influence it may have on conflict developments in their respective countries and regions.