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Civil Jurisdiction And Judgments Hl A Bill Intituled An Act To Give Effect To The Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters Including The Protocols Annexed Thereto Opened For Signature At Lugano On 16th September 1988 And For Purposes Connected Therewith
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Book Synopsis The Law of State Immunity by : Hazel Fox
Download or read book The Law of State Immunity written by Hazel Fox and published by OUP Oxford. This book was released on 2013-08-29 with total page 3290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.
Book Synopsis State Accountability for Space Debris by : Peter Stubbe
Download or read book State Accountability for Space Debris written by Peter Stubbe and published by BRILL. This book was released on 2017-11-13 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: In State Accountability for Space Debris Peter Stubbe examines the legal consequences of space debris pollution which, he argues, is a global environmental concern. The study finds that the customary ‘no harm’ rule and Article IX of the Outer Space Treaty obligate States to prevent the generation of debris and that the international community as a whole has a legitimate interest in their compliance. A breach of these obligations entails the responsibility of a State and compensation must be provided for damage caused by space debris. The author treats responsibility and liability separately and thoroughly scrutinizes both legal regimes with the help of common analytical elements. Finally, Peter Stubbe argues that a comprehensive traffic management system is required so as to ensure the safe and sustainable use of outer space.
Book Synopsis Principles of Conflict of Laws by : Abla J. Mayss
Download or read book Principles of Conflict of Laws written by Abla J. Mayss and published by Routledge. This book was released on 1999 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a comprehensive analysis of the conflict of laws as applicable in English law. It seeks to introduce the subject to students by examining preliminary topics, such as when the rules come into play, the need for application, classification and connecting factors. It includes coverage of the rules on jurisdiction, choice of law in relation to contract, tort, property and damages; and full commentary on the law of domicile, family law and recognition and enforcement of judgments. English rules on conflict laws have undergone a number of important changes since the first edition and are reflected here. Changes include an extra chapter on foreign currency as well as an extended section in the chapter on choice of law in tort, in order to incorporate the changes brought about by Parts I and III of the Private International Law (Miscellaneous Provisions) Act 1995.
Book Synopsis International Jurisdiction and Commercial Litigation by : Hélène van Lith
Download or read book International Jurisdiction and Commercial Litigation written by Hélène van Lith and published by T.M.C. Asser Press. This book was released on 2009-06-11 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: avoiding gaps and provide a claimant with limited forum shopping possibilities. In that same vein, the paradigm proposed by Ms. Van Lith ought to shift to special grounds of jurisdiction based on sufficient connection between the defendant and the forum state. In that respect, she proposes jurisdiction at the place where the defendant has a fixed place of business from which he carries out business activities directly related to the claimant’s contractual claim. Absent such a place of business, jurisdiction is to be vested in the courts of the country where the defendant is engaged in substantial business activities in relation to the contract with a limited forum shopping for a claimant in favour of the court of the defendant’s home country. Other general or special grounds for jurisdiction (such as claimant-related connections or property-based connections) are rejected because they do not meet the proposed paradigm of sufficient connection. As to exceptions to international jurisdiction rules as proposed, Ms. Van Lith comes to the conclusion that a general escape provision is to be avoided except for the ‘tra- acting business’ rule where – in accordance with the paradigm proposed – international jurisdiction can be avoided in favour of the defendant’s home court when the dispute is insufficiently connected with the forum making it unfair under the circumstances to expect the defendant to be subjected to the jurisdiction of that court. In this respect, a balanced approach to predictability and flexibility is being proposed.
Author :International Union for Conservation of Nature and Natural Resources. Commission on Environmental Law Publisher :IUCN ISBN 13 :9782831705248 Total Pages :226 pages Book Rating :4.7/5 (52 download)
Book Synopsis Draft International Covenant on Environment and Development by : International Union for Conservation of Nature and Natural Resources. Commission on Environmental Law
Download or read book Draft International Covenant on Environment and Development written by International Union for Conservation of Nature and Natural Resources. Commission on Environmental Law and published by IUCN. This book was released on 2000 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an updated edition of the 1995 version. In the mid-1980's, the IUCN CEL, in consultation with leading experts from around the world, began to respond to a need later identified by Agenda 21: the preparation of an integrated framework for international environmental law.
Book Synopsis Perspectives for the Unification and Harmonisation of Family Law in Europe by : Katharina Boele-Woelki
Download or read book Perspectives for the Unification and Harmonisation of Family Law in Europe written by Katharina Boele-Woelki and published by Intersentia nv. This book was released on 2003 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
Book Synopsis Claiming the Stones, Naming the Bones by : Elazar Barkan
Download or read book Claiming the Stones, Naming the Bones written by Elazar Barkan and published by Getty Publications. This book was released on 2003-01-09 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: These fourteen essays address controversies over a variety of cultural properties, exploring them from perspectives of law, archeology, physical anthropology, ethnobiology, ethnomusicology, history, and cultural and literary study. The book divides cultural property into three types: Tangible, unique property like the Parthenon marbles; intangible property such as folktales, music, and folk remedies; and communal "representations," which have lead groups to censor both outsiders and insiders as cultural traitors.
Book Synopsis Corruption and Anti-corruption by : Peter Larmour
Download or read book Corruption and Anti-corruption written by Peter Larmour and published by ANU E Press. This book was released on 2013-03-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corruption and Anti-Corruption deals with the international dimensions of corruption, including campaigns to recover the assets of former dictators, and the links between corruption, transnational and economic crime. It deals with corruption as an issue in political theory, and shows how it can be addressed in campaigns for human rights. It also presents case studies of reform efforts in Philippines, India and Thailand. The book explains the doctrines of a well-established domestic anticorruption agency. It is based on research to develop a curriculum for a unique international training course on ‘Corruption and Anti-Corruption’, designed and taught by academics at The Australian National University, the Australian Institute of Criminology and public servants in the New South Wales Independent Commission Against Corruption.
Book Synopsis Planning the Future of Cross Border Families by : Ilaria Viarengo
Download or read book Planning the Future of Cross Border Families written by Ilaria Viarengo and published by Bloomsbury Publishing. This book was released on 2020-10-15 with total page 975 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is built upon the outcomes of the EUFam's Project, financially supported by the EU Civil Justice Programme and led by the University of Milan. Also involved are the Universities of Heidelberg, Osijek, Valencia and Verona, the MPI in Luxembourg, the Italian and Spanish Family Lawyers Associations and training academies for judges in Italy and Croatia. The book seeks to offer an exhaustive overview of the regulatory framework of private international law in family and succession matters. The book addresses current features of the Brussels IIa, Rome III, Maintenance and Succession Regulations, the 2007 Hague Protocol, the 2007 Hague Recovery Convention and new Regulations on Property Regimes. The contributions are authored by more than 30 experts in cross-border family and succession matters. They introduce social and cultural issues of cross-border families, set up the scope of all EU family and succession regulations, examine rules on jurisdiction, applicable law and recognition and enforcement regimes and focus on the current problems of EU family and succession law (lis pendens in third States, forum necessitatis, Brexit and interactions with other legal instruments). The book also contains national reports from 6 Member States and annexes of interest for both legal scholars and practitioners (policy guidelines, model clauses and protocols).
Book Synopsis The Hamburg Lectures on Maritime Affairs 2009 & 2010 by : Jürgen Basedow
Download or read book The Hamburg Lectures on Maritime Affairs 2009 & 2010 written by Jürgen Basedow and published by Springer Science & Business Media. This book was released on 2012-03-31 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2007, the International Max Planck Research School for Maritime Affairs together with the International Tribunal for the Law of the Sea (ITLOS), both based in Hamburg, decided to establish an annual lecture series, the "Hamburg Lectures on Maritime Affairs" - giving distinguished scholars and practitioners the opportunity to present and discuss recent developments in this field. The present volume - the second in the series - collects eight of the lectures held in 2009 and 2010 by David Joseph Attard, Lucius Caflisch, Beate Czerwenka, Lars Gorton, Francesco Munari, Kyriaki Noussia, Peter Wetterstein and Wolfgang Wurmnest.
Book Synopsis The Enforcement of Intellectual Property Rights: A Case Book by : L.T.C. Harms
Download or read book The Enforcement of Intellectual Property Rights: A Case Book written by L.T.C. Harms and published by WIPO. This book was released on 2012 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.
Download or read book International Nuclear Law written by and published by . This book was released on 2010 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis European Traditions in Civil Procedure by : C. H. van Rhee
Download or read book European Traditions in Civil Procedure written by C. H. van Rhee and published by Intersentia nv. This book was released on 2005 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, The Netherlands and Belgium). Two of the central issues that are addressed by the contributors are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter in this book is supplemented by three chapters devoted to specific procedural topics: Conciliation, Party Interrogation as Evidence and the Role of the Judge. In addition, extensive bibliographical references are included.
Book Synopsis The Humanization of International Law by : Theodor Meron
Download or read book The Humanization of International Law written by Theodor Meron and published by Brill Nijhoff. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Humanization of International Law is a revised and expanded version of the General Course on Public International Law delivered by the author at the Hague Academy of International Law in 2003.
Book Synopsis Global Child Poverty and Well-Being by : Minujin, Alberto
Download or read book Global Child Poverty and Well-Being written by Minujin, Alberto and published by Policy Press. This book was released on 2013-01-28 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: Child poverty is a central and present part of global life, with hundreds of millions of children around the world enduring tremendous suffering and deprivation of their most basic needs. Despite its long history, research on poverty and development has only relatively recently examined the issue of child poverty as a distinct topic of concern. This book brings together theoretical, methodological and policy-relevant contributions by leading researchers on international child poverty. With a preface from Sir Richard Jolly, Former Assistant Secretary General of the United Nations, it examines how child poverty and well-being are now conceptualized, defined and measured, and presents regional and national level portraits of child poverty around the world, in rich, middle income and poor countries. The book's ultimate objective is to promote and influence policy, action and the research agenda to address one of the world's great ongoing tragedies: child poverty, marginalization and inequality.
Book Synopsis Commercial Law of the European Union by : Gabriël Moens
Download or read book Commercial Law of the European Union written by Gabriël Moens and published by Springer Science & Business Media. This book was released on 2010-04-23 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: ? The Hon. Michael Kirby AC CMG This splendid book performs the heroic task of introducing readers to the large canvas of the commercial law of the European Union (EU). The EU began as an economic community of six nations but has grown into 27 member states, sharing a signi?cant political, social and legal cohesion and serving almost 500 million citizens. It generates approximately 30% of the nominal gross world product. The EU is a remarkable achievement of trans-national co-operation, given the history (including recent history) of national, racial, ethnic and religious hatred and con?ict preceding its creation. Although, as the book recounts, the institutions of the EU grew directly out of those of the European Economic Community, created in 1957 [1.20], the genesis of the EU can be traced to the sufferings of the Second World War and to the disclosure of the barbarous atrocities of the Holocaust. Out of the chaos and ruins of historical enmities and the shattered cities and peoples that survived those terrible events, arose an astonishing pan- European Movement.
Book Synopsis Brussels IIbis Regulation by : Ulrich Magnus
Download or read book Brussels IIbis Regulation written by Ulrich Magnus and published by Walter de Gruyter. This book was released on 2012-04-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt:
