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Clarkson Hills Conflict Of Laws
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Book Synopsis Clarkson & Hill's Conflict of Laws by : Jonathan Hill
Download or read book Clarkson & Hill's Conflict of Laws written by Jonathan Hill and published by Oxford University Press. This book was released on 2016 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book provides an] account of the private international law topics covered at undergraduate level. Theoretical issues and fundamental principles are introduced in the first chapter and expanded upon in later chapters...The fifth edition reflects the field's changing focus from case law to domestic and European legislation, incorporating the Brussels I Regulation and Brussels II Revised Regulation, as well as the more recent Rome Regulations and Brussels I Recast. Embracing this reorientation of the field and increased emphasis on the recognition and enforcement of judgments, the authors provide detailed commentary on the most important commercial topics as well as the most relevant topics in family law."--
Author :Christopher M. V. Clarkson Publisher :Oxford University Press, USA ISBN 13 :0199574715 Total Pages :584 pages Book Rating :4.1/5 (995 download)
Book Synopsis The Conflict of Laws by : Christopher M. V. Clarkson
Download or read book The Conflict of Laws written by Christopher M. V. Clarkson and published by Oxford University Press, USA. This book was released on 2011 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction, nature of the subject, the conflicts process. Foreign judments. Contractual obligations.
Book Synopsis Jaffey on the Conflict of Laws by : Christopher M. V. Clarkson
Download or read book Jaffey on the Conflict of Laws written by Christopher M. V. Clarkson and published by . This book was released on 2002 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conflict of laws has undergone fundamental changes in recent decades. Much of the subject is now dominated by domestic legislation and international conventions and, from a practical point of view, the core is now to be found in the areas of jurisdiction and the recognition and enforcement of foreign judgments.
Author :Christopher M. V. Clarkson Publisher :Oxford University Press, USA ISBN 13 :9780199289134 Total Pages :0 pages Book Rating :4.2/5 (891 download)
Book Synopsis The Conflict of Laws by : Christopher M. V. Clarkson
Download or read book The Conflict of Laws written by Christopher M. V. Clarkson and published by Oxford University Press, USA. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The area of conflict of laws has undergone a profound change in recent decades. Much of the subject is now dominated by international conventions and legislation, rather than by case law. In practical terms, issues relating to jurisdiction and the recognition and enforcement of judgmentshave taken centre stage and choice of law questions have become of more secondary importance. These changing emphases in private international law are fully reflected in this book. The aim of the book is to provide a clear, up-to-date account of those topics in private international law which are covered in typical undergraduate courses. The book provides a detailed analysis of not only the most important commercial topics (civil jurisdiction, the recognition and enforcementof foreign judgments, choice of law in contractual and non-contractual obligations, and arbitration) but also the most relevant aspects of family law (marriage, matrimonial causes and children) and property law. Theoretical issues, introduced to the reader in the first chapter, are considered ingreater detail at the end of the book. Previously entitled Jaffey on the Conflict of Laws the book continues to offer an ideal introduction to this complex and ever-changing subject.
Book Synopsis Jaffey on the Conflict of Laws by : Jonathan Hill
Download or read book Jaffey on the Conflict of Laws written by Jonathan Hill and published by . This book was released on 2002 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Foundation of Choice of Law by : Sagi Peari
Download or read book The Foundation of Choice of Law written by Sagi Peari and published by Oxford University Press. This book was released on 2018-03-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
Book Synopsis Sovereign Choices and Sovereign Constraints by : Gus Van Harten
Download or read book Sovereign Choices and Sovereign Constraints written by Gus Van Harten and published by Oxford University Press. This book was released on 2013-09 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of investment arbitration is a controversial issue, as it is increasingly seen as a system in which private arbitrators adjudicate on the public law decisions of states. This book provides an empirical study of the function of investment arbitration, how it is impacting on international law, and the ways in which it is in need of reform.
Book Synopsis Rome Regulations by : Gralf-Peter Calliess
Download or read book Rome Regulations written by Gralf-Peter Calliess and published by Kluwer Law International B.V.. This book was released on 2020-08-10 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.
Book Synopsis Does International Trade Need a Doctrine of Transnational Law? by : Maren Heidemann
Download or read book Does International Trade Need a Doctrine of Transnational Law? written by Maren Heidemann and published by Springer Science & Business Media. This book was released on 2012-02-14 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper looks at the current status and role of specific commercial contract law both national and international in view of recent European contract law reform. It reviews the value and necessity of a special and separate contract law for merchants in a global market and discusses critically the terminology, doctrine and objectives which this law is based upon. For a long time the choice of transnational law rules which are often non-state law has been marginalised and made impossible in state court proceedings. The new Common European Sales Law circumvents this problem by proposing to be used as national law. International practice in commercial dispute settlement may therefore still remain at the forefront of promoting and modelling the use of transnational contract law.
Book Synopsis The Common Law Jurisprudence of the Conflict of Laws by : Sarah McKibbin
Download or read book The Common Law Jurisprudence of the Conflict of Laws written by Sarah McKibbin and published by Bloomsbury Publishing. This book was released on 2023-05-04 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The 'unusual factual situations' of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada, Ireland and South Africa.
Book Synopsis Cross-border Internet Dispute Resolution by : Julia Hörnle
Download or read book Cross-border Internet Dispute Resolution written by Julia Hörnle and published by Cambridge University Press. This book was released on 2009-02-12 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how existing arbitration procedures can be adapted to cope with disputes stemming from internet transactions.
Book Synopsis Concise Commentary on the Rome I Regulation by : Franco Ferrari
Download or read book Concise Commentary on the Rome I Regulation written by Franco Ferrari and published by Cambridge University Press. This book was released on 2020-05-21 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: A succinct, dogmatically sound commentary to the most relevant EU instrument on international contracts.
Book Synopsis Same-Sex Relationships, Law and Social Change by : Frances Hamilton
Download or read book Same-Sex Relationships, Law and Social Change written by Frances Hamilton and published by Routledge. This book was released on 2020-01-15 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.
Book Synopsis Private International Law of Reinsurance and Insurance by : Raymond Cox
Download or read book Private International Law of Reinsurance and Insurance written by Raymond Cox and published by Taylor & Francis. This book was released on 2020-11-26 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book dedicated to this subject, Private International Law of Reinsurance and Insurance provides a practical and easy-to-use reference in this complex area of law. This book provides a clear and useful guide to identifying the applicable legal regimes and relevant rules insofar as they concern reinsurance and insurance disputes. It offers authoritative guidance on the Jurisdiction Regulation 44/2001, the Rome Convention on Choice of Law and the 2001 Insurance Directives and regulations, as well as the common law.
Book Synopsis Electronic Commerce and International Private Law by : Lorna E. Gillies
Download or read book Electronic Commerce and International Private Law written by Lorna E. Gillies and published by Routledge. This book was released on 2016-04-29 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electronic Commerce and International Private Law examines the maximization of consumer protection via the consumer's jurisdiction and law. It discusses the proposition that a new connecting factor be used to improve the efficiency of juridical protection for consumers who contract with foreign sellers by electronic means and offers recommendations as to how to amend existing jurisdiction and choice of law rules to provide a basis for the consumer to sue in his own jurisdiction and for the law of the consumer's domicile to apply. The book will be a valuable resource for academics, students and practitioners working in the areas of international private law, electronic commerce law and consumer law.
Book Synopsis Place of Performance by : Chukwuma Okoli
Download or read book Place of Performance written by Chukwuma Okoli and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance in determining the applicable law in the absence of choice for commercial contracts. It also contains, inter alia, an analogy to matters of foreign country mandatory rules, and the coherence between jurisdiction and choice of law. It concludes by proposing a revised Article 4 of Rome I Regulation, which could be used as an international solution by legislators, judges, arbitrators and other stakeholders who wish to reform their choice of law rules.
Book Synopsis Private International Law by : Symeon C. Symeonides
Download or read book Private International Law written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-11-08 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.
