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Landmark Cases In Private International Law
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Book Synopsis Landmark Cases in Public International Law by : Eric Heinze
Download or read book Landmark Cases in Public International Law written by Eric Heinze and published by Martinus Nijhoff Publishers. This book was released on 1998-11-25 with total page 1410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains excerpts "in extenso from leading cases in general international law, and seeks to provide a greater volume of case law than that currently available on the market. It contains no editorial commentary and no secondary literature, as these are widely available in other works. It can serve either as a principal text or as a supplement to other standard books. It is thoroughly up to date, including recent ICJ judgments on the Bosnia case, the Gavcmkovo-Nagymaros Project, the Advisory Opinion on Nuclear Weapons, and the Lockerbie case. It will be of inestimable value to all libraries of international law, large and small, institutional and private. No student or practitioner in the field should be without it.
Book Synopsis Landmark Cases in Public International Law by : Eirik Bjorge
Download or read book Landmark Cases in Public International Law written by Eirik Bjorge and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as 'landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development. The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.
Book Synopsis Landmark Cases in International Law by : Eric Heinze
Download or read book Landmark Cases in International Law written by Eric Heinze and published by Martinus Nijhoff Publishers. This book was released on 2023-07-03 with total page 1386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains excerpts in extenso from leading cases in general international law, and seeks to provide a greater volume of case law than that currently available on the market. It contains no editorial commentary and no secondary literature, as these are widely available in other works. It can serve either as a principal text or as a supplement to other standard books. It is thoroughly up to date, including recent ICJ judgments on the Bosnia case, the Gavcíkovo-Nagymaros Project, the Advisory Opinion on Nuclear Weapons, and the Lockerbie case. It will be of inestimable value to all libraries of international law, large and small, institutional and private. No student or practitioner in the field should be without it.
Book Synopsis Landmark Cases in Private International Law by : William Day
Download or read book Landmark Cases in Private International Law written by William Day and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.
Book Synopsis Landmark Cases in Competition Law by : Barry Rodger
Download or read book Landmark Cases in Competition Law written by Barry Rodger and published by Kluwer Law International B.V.. This book was released on 2012-12-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is the thesis of this fascinating and highly instructive book on competition law that an examination of one landmark case, scenario, or 'saga' each from a range of legal systems leads to a thorough understanding of the issues informing and arising from competition policy, law, and legal practice. To that end, leading scholars from 14 jurisdictions enhance their academic authority and rigour with an element of panache to describe a particularly salient case in each of their countries, commenting in depth on the contribution of the case to the development of their particular competition law culture and to the case’s enduring significance for competition law and its enforcement from a global perspective. There are chapters for each of thirteen countries as well as the European Union, preceded by an informative and thoughtful introduction. For each landmark case selected, the legislative background, the case facts, and the legal ruling and reasoning are all minutely described, along with commentary, critique, and assessment of the case’s impact and contemporary significance. The cases cover vast swathes of the competition law territory in terms of substance and procedure, dealing with cartels, abuse of dominance, mergers, and vertical restraints, and involving diverse forms of public and private enforcement processes. Aspects covered include the following: the public interest test; bid-rigging in public procurement; the entitlement of dominant companies to compete on a level footing with other companies; the hard-to-draw line between legitimate competition and unlawful monopolizing conduct; the dangers of eclectic borrowing in the development and interpretation of competition law rules; horizontal price-fixing collusion ‘hub and spoke’ cartels; resale price maintenance agreements and the U.S. ‘rule of reason’; the increasing use of private enforcement and the right for victims of a competition law infringement to seek compensation; merger control in energy markets and the political use of merger review rules to benefit domestic firms; cooperation with criminal enforcement agencies and prosecutors; the role courts play in undertaking adequate legal supervision of competition authorities; leniency processes and obtaining access to ‘confidential’ whistleblowing documentation; imposition of administrative fines and other deterrence-based sanctions; and how the ‘consumer welfare’ standard is interpreted. More than a set of landmark case descriptions, this book, in which many chapters reflect upon recent and consider further future significant reforms, demonstrates that competition law and its enforcement processes form part of a chronological narrative, and that it is important to understand the broader legal, social, and economic context within which competition law and policy develop. This wider perspective will prove immeasurably valuable to the many practitioners, business people, jurists, and policy makers engaged in the shaping of competition law in any jurisdiction, and will moreover be essential reading for postgraduate students studying any aspects of comparative competition law enforcement.
Book Synopsis Elements of Private International Law by : Winston Anderson
Download or read book Elements of Private International Law written by Winston Anderson and published by Ian Randle Publishers. This book was released on 2003 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Landmark Cases in Private International Law by : William Day
Download or read book Landmark Cases in Private International Law written by William Day and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.
Book Synopsis Cases on Private International Law by : John Humphrey Carlile Morris
Download or read book Cases on Private International Law written by John Humphrey Carlile Morris and published by . This book was released on 1939 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Commercial Issues in Private International Law by : Michael Douglas
Download or read book Commercial Issues in Private International Law written by Michael Douglas and published by Bloomsbury Publishing. This book was released on 2019-06-13 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law. This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law.
Book Synopsis The Permanent Court of International Justice by : Willem-Jan van der Wolf
Download or read book The Permanent Court of International Justice written by Willem-Jan van der Wolf and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The establishment of the Permanent Court of International Justice (PCIJ) - the predecessor of the International Court of Justice - was provided for in the Covenant of the League of Nations. It held its inaugural sitting in 1922 and was dissolved in 1946. The work of the PCIJ - the first permanent international tribunal with general jurisdiction - made possible the clarification of a number of aspects of international law. Between 1922 and 1940, the PCIJ dealt with 29 contentious cases between States and delivered 27 advisory opinions. This book presents a brief historical overview of the work of the Court, including all landmark cases of this important predecessor of the International Court of Justice.
Book Synopsis Landmark Cases in Property Law by : Simon Douglas
Download or read book Landmark Cases in Property Law written by Simon Douglas and published by Bloomsbury Publishing. This book was released on 2015-06-25 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.
Book Synopsis Landmark Cases in the Law of Tort by : Charles Mitchell
Download or read book Landmark Cases in the Law of Tort written by Charles Mitchell and published by Bloomsbury Publishing. This book was released on 2010-02-18 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been – undeservedly – assigned minor importance. Other essays explore the judicial methodologies and techniques that worked to shape leading principles of tort law. So much of tort law turns on cases, and there are so many cases, that all but the most recent decisions have a tendency to become reduced to terse propositions of law, so as to keep the subject manageable. This collection shows how important it is, despite the constant temptation to compression, not to lose sight of the contexts and nuances which qualify and illuminate so many leading authorities.
Book Synopsis International Law Relating to Islands by : Sean D. Murphy
Download or read book International Law Relating to Islands written by Sean D. Murphy and published by BRILL. This book was released on 2019-03-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.
Book Synopsis Landmark Cases in Land Law by : Nigel Gravells
Download or read book Landmark Cases in Land Law written by Nigel Gravells and published by Bloomsbury Publishing. This book was released on 2013-06-03 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark Cases in Land Law is the sixth volume in the Landmark Cases series of collected essays on leading cases (previous volumes in the series having covered Restitution, Contract, Tort, Equity and Family Law). The eleven cases in this volume cover the period 1834 to 2011, although, interestingly, no fewer than six of the cases were decided or reported in the 1980s. The names of the selected cases will be familiar to property lawyers. However, individually, the essays provide a reappraisal of the cases from a wide range of perspectives - focusing on their historical, social or theoretical context, highlighting previously neglected aspects and even questioning their perceived importance. Collectively, the essays explore several common themes that pervade the law of property – the numerus clausus principle, the conclusiveness of registration, the desirability of certainty in the law and the central question of the enforceability of interests through changes in ownership of land. This volume provides a collection of essays that will be of interest to academics, students and practitioners.
Book Synopsis International Law in the U.S. Supreme Court by : David L. Sloss
Download or read book International Law in the U.S. Supreme Court written by David L. Sloss and published by Cambridge University Press. This book was released on 2011-04-25 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role.
Book Synopsis Cases on Private International Law by : John William Dwyer
Download or read book Cases on Private International Law written by John William Dwyer and published by . This book was released on 2011-05-10 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis State Immunity in International Law by : Xiaodong Yang
Download or read book State Immunity in International Law written by Xiaodong Yang and published by Cambridge University Press. This book was released on 2012-09-27 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.
