Conflict Of Laws As Taxonomy

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Conflict of Laws As Taxonomy

Author : Frank Bates (LL. M.)
Publisher :
ISBN 13 : 9780409340280
Total Pages : pages
Book Rating : 4.3/5 (42 download)

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Book Synopsis Conflict of Laws As Taxonomy by : Frank Bates (LL. M.)

Download or read book Conflict of Laws As Taxonomy written by Frank Bates (LL. M.) and published by . This book was released on 2015-06-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict of Laws as Taxonomy: A New Approachoffers a unique analytical and doctrinal approach to the conflict of laws. Its purpose is to review and assess the traditionally accepted methodology and taxonomy used in the resolution of cross-jurisdictional matters and to suggest alternative ways in which such matters may be classified, with resulting practical application to the conduct of cross-border disputes. Format: Paperback The author of this text provides a fresh comparative approach towards key issues, as well as examining the various theories that have been devised to explain the ways in which different approaches have been justified. This comparative discussion highlights the strengths and weaknesses of particular jurisdictionsoÂeÂ(tm) treatment of the conflict of laws and uses this to develop an understanding of these differences. This is essential knowledge in preparing for the jurisprudential approach likely to be applied in those jurisdictions in overseas practice and litigation. Of particular relevance is the consideration of the divergence between courts in the United Kingdom (because of its membership of the EU), the United States (which has, for nearly 200 years pursued a more jurisprudential approach) and Australia. In the current environment of increasing globalisation, the book will be of great benefit to practitioners and litigators involved in cross-jurisdictional matters, while its scholarly and authoritative analysis will engage and inform researchers and students of conflict of laws, comparative law and jurisprudence. Features oÂeo Unique analytical and doctrinal approach to conflict of laws oÂeo Detailed comparative examination of the approaches across UK, US and Australian jurisdictions oÂeo Extensive review of case law Related LexisNexis Titles Davies, Bell & Brereton, NyghoÂeÂ(tm)s Conflict of Laws in Australia, 9th edition, 2014 Mortensen, Garnett & Keyes, Private International Law in Australia, 3rd edition, 2015

International Law and the Classification of Conflicts

Author : Elizabeth Wilmshurst
Publisher : OUP Oxford
ISBN 13 : 0199657750
Total Pages : 568 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis International Law and the Classification of Conflicts by : Elizabeth Wilmshurst

Download or read book International Law and the Classification of Conflicts written by Elizabeth Wilmshurst and published by OUP Oxford. This book was released on 2012-08-02 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law separates international from non-international conflicts. This book discusses how this categorization operates, identifying the legal questions raised. Case studies from Colombia to Iraq show how this classification impacts on issues like detention in armed conflict and the relationship between human rights and humanitarian law.

Research Handbook on International Conflict and Security Law

Author : Nigel D. White
Publisher : Edward Elgar Publishing
ISBN 13 : 1849808570
Total Pages : 699 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Research Handbook on International Conflict and Security Law by : Nigel D. White

Download or read book Research Handbook on International Conflict and Security Law written by Nigel D. White and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔFeaturing some of the fieldÕs most expert thinkers, this is an adroitly constructed volume of essays in Òconflict and security lawÓ. The writing here offers a distillation of the major legal projects in the area while dissolving some of international lawÕs most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).Õ Ð Gerry Simpson, University of Melbourne, Australia ÔA most important and timely collection of essays that places the established international rules in their modern and challenging of context.Õ Ð Philippe Sands QC, University College London, UK ÔEvents of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.Õ Ð James Crawford, University of Cambridge, UK This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defence, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.

Internationalized Armed Conflicts in International Law

Author : Kubo Macak
Publisher : Oxford University Press
ISBN 13 : 0192551787
Total Pages : 304 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Internationalized Armed Conflicts in International Law by : Kubo Macak

Download or read book Internationalized Armed Conflicts in International Law written by Kubo Macak and published by Oxford University Press. This book was released on 2018-07-12 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

Private International Law in Australia, 5th Edition

Author : R Mortensen; R Garnett; M Keyes
Publisher :
ISBN 13 : 9780409355376
Total Pages : 0 pages
Book Rating : 4.3/5 (553 download)

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Book Synopsis Private International Law in Australia, 5th Edition by : R Mortensen; R Garnett; M Keyes

Download or read book Private International Law in Australia, 5th Edition written by R Mortensen; R Garnett; M Keyes and published by . This book was released on 2023-01-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of this highly regarded book provides a clear and comprehensive analysis of the principles of private international law and the methods by which such principles are applied to cross-border legal problems in Australia. Important recent developments in Australian private international law are discussed, together with legislative reforms and significant decisions, particularly of Australian courts. The fifth edition introduces chapters on the taking of evidence across state and national borders. The book provides an in-depth examination of the following subjects: * introduction to private international law * civil jurisdiction and judgments in international litigation * civil jurisdiction and judgments in Australia and New Zealand * taking of evidence for Australian and foreign court proceedings * applicable law method * international family law * applicable law for obligations * applicable law for property * international company law An understanding of the fundamental concepts in private international law is becoming increasingly important in legal practice, and the accessible style of this text makes it invaluable to both students and practitioners. Features * Detailed discussion of all key areas * Clear and accessible style * Comprehensive range of topics * Authoritative author team Related Titles * Bates, Conflict of Laws as Taxonomy: A New Approach, 2015 * Davies, Bell, Brereton & Douglas, Nygh's Conflict of Laws in Australia, 10th ed, 2019

Principles of Conflict of Laws

Author : Abla J. Mayss
Publisher : Routledge
ISBN 13 : 1859414605
Total Pages : 464 pages
Book Rating : 4.8/5 (594 download)

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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.

Irresolvable Norm Conflicts in International Law

Author : Valentin Jeutner
Publisher : Oxford University Press
ISBN 13 : 0198808372
Total Pages : 209 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Irresolvable Norm Conflicts in International Law by : Valentin Jeutner

Download or read book Irresolvable Norm Conflicts in International Law written by Valentin Jeutner and published by Oxford University Press. This book was released on 2017 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on doctoral thesis, University of Cambridge, 2015. --Page vii.

Substance and Procedure in Private International Law

Author : Richard Garnett
Publisher : OUP Oxford
ISBN 13 : 0191629367
Total Pages : 496 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Substance and Procedure in Private International Law by : Richard Garnett

Download or read book Substance and Procedure in Private International Law written by Richard Garnett and published by OUP Oxford. This book was released on 2012-03-08 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Oxford Guide to International Humanitarian Law

Author : Ben Saul
Publisher : Oxford University Press
ISBN 13 : 0192597493
Total Pages : 481 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Guide to International Humanitarian Law by : Ben Saul

Download or read book The Oxford Guide to International Humanitarian Law written by Ben Saul and published by Oxford University Press. This book was released on 2020-05-07 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: International humanitarian law is the law that governs the conduct of participants during armed conflict. This branch of law aims to regulate the means and methods of warfare as well as to provide protections to those who do not, or who no longer, take part in the hostilities. It is one of the oldest branches of international law and one of enduring relevance today. The Oxford Guide to International Humanitarian Law provides a practical yet sophisticated overview of this important area of law. Written by a stellar line up of contributors, drawn from those who not only have extensive practical experience but who are also regarded as leading scholars of the subject, the text offers a comprehensive and authoritative exposition of the field. The Guide provides professionals and advanced students with information and analysis of sufficient depth to enable them to perform their tasks with understanding and confidence. Each chapter illuminates how the law applies in practice, but does not shy away from the important conceptual issues that underpin how the law has developed. It will serve as a first port of call and a regular reference work for those interested in international humanitarian law.

Conflict of Laws and International Finance

Author : Philip R. Wood
Publisher : Sweet & Maxwell
ISBN 13 : 1847032079
Total Pages : 716 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Conflict of Laws and International Finance by : Philip R. Wood

Download or read book Conflict of Laws and International Finance written by Philip R. Wood and published by Sweet & Maxwell. This book was released on 2007 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an exposition of 100 of the major cases, which have either created or illustrate well, the legal system as we know it today. The cases have been chosen primarily for illustrating important points of law in a large variety of legal disciplines

The Oxford Handbook of Transnational Law

Author : Peer Zumbansen
Publisher : Oxford University Press
ISBN 13 : 0197547419
Total Pages : 1246 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen

Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Blockchain and Private International Law

Author : Andrea Bonomi
Publisher : BRILL
ISBN 13 : 9004514856
Total Pages : 807 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Blockchain and Private International Law by : Andrea Bonomi

Download or read book Blockchain and Private International Law written by Andrea Bonomi and published by BRILL. This book was released on 2023-11-13 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access publication of this book has been published with the support of the Swiss National Science Foundation. Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to crypto-assets, cryptocurrencies, crypto derivatives, stablecoins, Central Bank Digital Currencies and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights, secured transactions, smart contracts and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH) UNIDROIT.

Conflict of Interest in Medical Research, Education, and Practice

Author : Institute of Medicine
Publisher : National Academies Press
ISBN 13 : 0309145449
Total Pages : 436 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Conflict of Interest in Medical Research, Education, and Practice by : Institute of Medicine

Download or read book Conflict of Interest in Medical Research, Education, and Practice written by Institute of Medicine and published by National Academies Press. This book was released on 2009-09-16 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collaborations of physicians and researchers with industry can provide valuable benefits to society, particularly in the translation of basic scientific discoveries to new therapies and products. Recent reports and news stories have, however, documented disturbing examples of relationships and practices that put at risk the integrity of medical research, the objectivity of professional education, the quality of patient care, the soundness of clinical practice guidelines, and the public's trust in medicine. Conflict of Interest in Medical Research, Education, and Practice provides a comprehensive look at conflict of interest in medicine. It offers principles to inform the design of policies to identify, limit, and manage conflicts of interest without damaging constructive collaboration with industry. It calls for both short-term actions and long-term commitments by institutions and individuals, including leaders of academic medical centers, professional societies, patient advocacy groups, government agencies, and drug, device, and pharmaceutical companies. Failure of the medical community to take convincing action on conflicts of interest invites additional legislative or regulatory measures that may be overly broad or unduly burdensome. Conflict of Interest in Medical Research, Education, and Practice makes several recommendations for strengthening conflict of interest policies and curbing relationships that create risks with little benefit. The book will serve as an invaluable resource for individuals and organizations committed to high ethical standards in all realms of medicine.

Copyright and the Conflict of Laws

Author : Stig Strömholm
Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Copyright and the Conflict of Laws by : Stig Strömholm

Download or read book Copyright and the Conflict of Laws written by Stig Strömholm and published by . This book was released on 2010 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Conflict of Laws in the People’s Republic of China

Author : Zheng Sophia Tang
Publisher : Edward Elgar Publishing
ISBN 13 : 1849808597
Total Pages : 480 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Conflict of Laws in the People’s Republic of China by : Zheng Sophia Tang

Download or read book Conflict of Laws in the People’s Republic of China written by Zheng Sophia Tang and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.

Selected Essays on the Conflict of Laws

Author : Friedrich Juenger
Publisher : BRILL
ISBN 13 : 9004480439
Total Pages : 457 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Selected Essays on the Conflict of Laws by : Friedrich Juenger

Download or read book Selected Essays on the Conflict of Laws written by Friedrich Juenger and published by BRILL. This book was released on 2021-10-25 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Friedrich K. Juenger on the conflict of laws is always worth attending to. Rejecting the "conventional wisdom" that prevails in the field, he sees the conflict of laws not as a discipline devoid of substantive values but as a powerful catalyst for multistate justice. Here is a wide-ranging collection of essays on a variety of problems posed by transactions that transcend state and national borders. The essays include a comparison of jurisdiction issues in the United States and the European Communities, opinions on forum shopping, a critique of interest analysis techniques, and a plea for a comparative approach to choice-of-law issues. Invaluable studies in the extraterritorial application of United States antitrust law, recognition of foreign money judgments and divorces, and regional conventions round out the collection. Published under the Transnational Publishers imprint.

Policy and Pragmatism in the Conflict of Laws

Author : Michael J. Whincop
Publisher : Routledge
ISBN 13 : 1351787284
Total Pages : 246 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Policy and Pragmatism in the Conflict of Laws by : Michael J. Whincop

Download or read book Policy and Pragmatism in the Conflict of Laws written by Michael J. Whincop and published by Routledge. This book was released on 2018-02-06 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.