Substance And Procedure In Private International Law
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Substance And Procedure In Private International Law
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Author : Richard Garnett
language : en
Publisher: OUP Oxford
Release Date : 2012-03-08
Substance And Procedure In Private International Law written by Richard Garnett and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-08 with Law categories.
When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.
Substance And Procedure In Private International Law
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Author : Richard Garnett (Lawyer)
language : en
Publisher:
Release Date : 2012
Substance And Procedure In Private International Law written by Richard Garnett (Lawyer) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Conflict of laws categories.
"When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason."--Publisher's website.
Advanced Introduction To Private International Law And Procedure
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Author : Peter Hay
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-06-29
Advanced Introduction To Private International Law And Procedure written by Peter Hay 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 2018-06-29 with Law categories.
Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? Advanced Introduction to Private International Law and Procedure addresses these questions through a comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union.
Private International Law
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Author : Franco Ferrari
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019-12-27
Private International Law written by Franco Ferrari 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 2019-12-27 with Law categories.
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
Procedure And Substance In International Environmental Law
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Author : Jutta Brunnée
language : en
Publisher: BRILL
Release Date : 2021-02-22
Procedure And Substance In International Environmental Law written by Jutta Brunnée and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-22 with Law categories.
The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.
Cheshire And North S Private International Law
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Author : Peter Machin North
language : en
Publisher:
Release Date : 1999
Cheshire And North S Private International Law written by Peter Machin North and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
The new edition has been substantially updated to offer an up-to-date and authoritative account of the law in this rapidly changing field. As well as general updating, the chapter on Torts has been completely rewritten and the growing importance of the law of restitution has led to the inclusion of a new separate chapter on the private international law aspects of this significant field of the law of obligations. The major developments in the law on jurisdiction and the recognition of foreign judgements have also been fully discussed.
Procedures In International Law
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Author : Gernot Biehler
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-09-08
Procedures In International Law written by Gernot Biehler and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-08 with Law categories.
The character of international law between scholarly reflection of foreign policy expediencies and recognising prescriptive rules binding on all concerned has long been a particular challenge to those active in the field. Law is not law if there is no procedure to both determine its contents and to show ways to enforce it. It is through its procedures that international law becomes real. Based on an overview of the varied procedures e.g. in both The Hague’s and the national courts and those found in international organisations a more consistent picture of international law emerges. This compendium for students and practitioners is accessible yet sophisticated in its approach.
Cheshire S Private International Law
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Author : Geoffrey Chevalier Cheshire
language : en
Publisher: Butterworth-Heinemann
Release Date : 1974
Cheshire S Private International Law written by Geoffrey Chevalier Cheshire and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Conflict of laws categories.
Textbook on the conflict of laws between private international law and law (incl. Civil law and commercial law) in the UK - covers the definition and scope of private international law, jurisdiction of the English courts, the proof of foreign law, domicil, contracts, negotiable instruments, tort, marriage, marital status, legal status, wills, bankruptcy, foreign judgements and arbitral awards, substance and procedure, etc. References.
Cheshire North And Fawcett
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Author : Ugljesa Grusic
language : en
Publisher: Oxford University Press, USA
Release Date : 2017-09-21
Cheshire North And Fawcett written by Ugljesa Grusic and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-21 with Law categories.
The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including coverage of the Recast Brussels I Regulation which came into force in 2015. The book is invaluable for the practitioner as well as being one of the leading students' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law. It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by an expert team of academics, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts.
Private International Law A Treatise On The Conflict Of Laws
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Author : Friedrich Karl von Savigny
language : en
Publisher:
Release Date : 1869
Private International Law A Treatise On The Conflict Of Laws written by Friedrich Karl von Savigny and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1869 with Conflict of laws categories.