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Brexit And The Future Of Private International Law In English Courts
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Book Synopsis Private International Law by : P. R. Beaumont
Download or read book Private International Law written by P. R. Beaumont and published by . This book was released on 2011 with total page 1263 pages. Available in PDF, EPUB and Kindle. Book excerpt: In analysing European and global instruments the authors present a critique of the impact of the Hague Conference on Private International Law and European law in general on Scots law. In particular they look at choice of court, protection of adults, protection of children, conventions on maintenance and inter-country adoption.
Book Synopsis EU Law in the UK by : Sylvia de Mars
Download or read book EU Law in the UK written by Sylvia de Mars and published by . This book was released on 2020 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does EU law work in the real world? What is the legal reality behind the Brexit debates? How will law in the UK change now the country has left the EU? EU Law in the UK Provides a Fresh, Engaging, and Relatable Account of EU Law. It Covers All the Core Areas of EU Law Taught on Undergraduate Courses, with a Post-Brexit Perspective Interwoven Throughout. Book jacket.
Download or read book Negotiating Brexit written by John Armour and published by Beck/Hart. This book was released on 2017-08-10 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brexit is on its way. By mid 2019, the UK will no longer be a member of the European Union and its new relationship with the EU will be have taken shape. Getting to that point will involve complex negotiations untangling legal, economic and political issues. This volume brings together leading commentators to examine three crucial questions on the risk, the negotiating framework and the process.
Book Synopsis Cross-Border Litigation in Europe by : Paul Beaumont
Download or read book Cross-Border Litigation in Europe written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2017-11-16 with total page 1076 pages. Available in PDF, EPUB and Kindle. Book excerpt: This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.
Book Synopsis The Work of the British Law Commissions by : Shona Wilson Stark
Download or read book The Work of the British Law Commissions written by Shona Wilson Stark and published by Bloomsbury Publishing. This book was released on 2017-07-13 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.
Book Synopsis Environmental Judicial Review by : R. J. Moules
Download or read book Environmental Judicial Review written by R. J. Moules and published by Bloomsbury Publishing. This book was released on 2011-09-01 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial review of environmental decisions is an important and growing area of public law. But although the general principles of judicial review have been clearly mapped out, their application to the particular context of the environment is under-explored. This book therefore seeks to provide a detailed and critical account of environmental judicial review in both domestic and EU law. Part I explains the central principles of environmental law, such as the polluter pays principle and the precautionary principle, and shows how they influence the application of public law standards of legality. Part II considers the procedure for judicial review with particular emphasis on standing, protective costs and the availability of interim relief. Part III consists of a detailed examination of how each of the grounds for judicial review is applied in the environmental context. It highlights the increased emphasis on consultation and public participation in environmental matters, the degree of deference afforded by the courts to scientific and political judgments, and the prevalence of 'hard-edged' questions of law. Part IV focuses on EU law and examines direct and indirect actions before the EU courts, preliminary references and state liability. It also considers infraction proceedings brought by the EU Commission, the role of individuals and NGOs in relation to such proceedings and the interrelationships between infraction proceedings and judicial review. Finally, Part V explains the complex regime governing access to environmental information.
Book Synopsis Brexit and the Future of Private International Law in English Courts by : MUKARRUM. AHMED
Download or read book Brexit and the Future of Private International Law in English Courts written by MUKARRUM. AHMED and published by Oxford University Press, USA. This book was released on 2022-05-05 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: By commentating on post-Brexit changes in England, this book examines the future of private international law in English courts by analyzing, understanding, and reframing some fundamental assumptions about the discipline with a view to suggesting adjustments and law reform.
Book Synopsis Party Autonomy in Private International Law by : Alex Mills
Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Conflict of Laws by : Adrian Briggs
Download or read book The Conflict of Laws written by Adrian Briggs and published by OUP Oxford. This book was released on 2013-04-25 with total page 1671 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adrian Briggs' invaluable introduction to the study of the conflict of laws provides a survey and analysis of the rules of private international law as they apply in England. The volume covers general principles, jurisdiction, and the effect of foreign judgments; choice of law for contractual and non-contractual obligations, the private international law of property, of persons, and of corporations. It does so in a manner which explains and illuminates the principles which underpin the subject in a clear and coherent fashion, as the wealth of literature, case law, and legislation often obscures the architecture of the subject and unnecessarily complicates study. This new edition organizes its material in light of European legislation on private international law, reflecting the shift towards understanding private international law as European law with a common law background instead of common law with European legislative influences. The author's approach is focused on the law and avoids the more abstract theory; as the theory of the conflict of laws is actually to be found in and by applying the legislation and jurisprudence to the cases and issues which arise in private international litigation and legal advice.
Book Synopsis Diversity and Integration in Private International Law by : Verónica Ruiz Abou-Nigm
Download or read book Diversity and Integration in Private International Law written by Verónica Ruiz Abou-Nigm and published by . This book was released on 2021-05-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.
Book Synopsis Judicial Review of Administrative Action by : Swati Jhaveri
Download or read book Judicial Review of Administrative Action written by Swati Jhaveri and published by Cambridge University Press. This book was released on 2021-03-18 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
Download or read book Brexit written by David Ramiro Troitiño and published by Springer. This book was released on 2018-02-19 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the discussions among Brexiters mainly focus on the referendum of 2016 or David Cameron’s “great miscalculation” and its repercussions, this book looks at the Brexit as a process that began decades earlier. It analyses EU-UK relations from a new perspective, taking into consideration the historical background, political aspects, and legal and economic matters. The book provides a holistic understanding of the Brexit, approaching the referendum and its outcomes as the culmination of a long process rather than an isolated political event crafted within the corridors of Westminster or Downing Street 10. Accordingly, it addresses a range of thematic issues, historical patterns of political and economic behavior both within and beyond the United Kingdom, and possible future effects on relations between the Union and one of its most important members.
Book Synopsis Research Handbook on International Law and Cities by : Aust, Helmut P.
Download or read book Research Handbook on International Law and Cities written by Aust, Helmut P. and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking Research Handbook provides a comprehensive analysis and assessment of the impact of international law on cities. It sheds light on the growing global role of cities and makes the case for a renewed understanding of international law in the light of the urban turn.
Book Synopsis International Commercial Courts by : Stavros Brekoulakis
Download or read book International Commercial Courts written by Stavros Brekoulakis and published by Cambridge University Press. This book was released on 2022-04-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi
Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Book Synopsis The Application of Foreign Law in the British and German Courts by : Alexander DJ Critchley
Download or read book The Application of Foreign Law in the British and German Courts written by Alexander DJ Critchley and published by Bloomsbury Publishing. This book was released on 2022-12-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the application of foreign law in civil proceedings in the British and German courts. It focuses on how domestic procedural law impacts on the application of choice of law rules in domestic courts. It engages with questions involved in the investigation and determination of foreign law as they affect the law of England and Wales, Scotland, and Germany. Although the relevant jurisdictions are the focus, the comparative analysis extends to explore examples from other jurisdictions, including relevant international and European conventions. Ambitious in scope, it expertly tracks the development of the law and looks at possible future reforms.
Book Synopsis Research Handbook on Legal Aspects of Brexit by : Adam Łazowski
Download or read book Research Handbook on Legal Aspects of Brexit written by Adam Łazowski and published by Edward Elgar Publishing. This book was released on 2022-11-18 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illustrating the legacy of Brexit, this timely Research Handbook provides a comprehensive and coherent analysis of not only the Brexit process within the UK but also what it means for both the UK and the EU within the framework of their future relationship.
