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Lautonomie De La Volonte En Droit International Prive Un Principe Universel Entre Liberalisme Et Etatisme
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Book Synopsis L'autonomie de la volonté en droit international privé: un principe universel entre libéralisme et étatisme by : Christian Kohler
Download or read book L'autonomie de la volonté en droit international privé: un principe universel entre libéralisme et étatisme written by Christian Kohler and published by BRILL. This book was released on 2013-08-15 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Depuis le début du XXIe siècle, l’autonomie de la volonté, reconnue comme l’un des principes de base du droit international privé, est sous l’influence de tendances opposées qui reflètent la dialectique entre la loi et la liberté. Dans cette perspective, l’auteur discute la place et les onctions du principe d’autonomie dans les systèmes contemporains de conflits de lois et de juridictions. Sont notamment abordées les limites auxquelles le principe est confronté en matière de contrats internationaux, du fait de dispositions impératives protégeant la partie faible et de lois de police sauvegardant les politiques essentielles des Etats concernés. En revanche, dans le droit de la famille et des successions, le principe d’autonomie connaît des extensions inédites. Dans ce domaine, sa fonction est bien différente dans la mesure où il sert à mettre en oeuvre l’autodétermination de l’individu et à maintenir la stabilité des relations interindividuelles. Sont également évoqués, dans les différents contextes où le principe est admis, les conditions de validité ainsi que le contrôle du contenu du contrat d’electio juris.
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: This book provides an unprecedented analysis and appraisal of party autonomy in private international law - the power of private parties to enter into agreements as to the forum in which their disputes will be resolved or the law which governs their legal relationships. It includes a detailed exploration of the historical origins of party autonomy as well as its various theoretical justifications, and an in-depth comparative study of the rules governing party autonomy in the European Union, the United States, common law systems, and in international codifications. It examines both choice of forum and choice of law, including arbitration agreements and choice of non-state law, and both contractual and non-contractual legal relations. This analysis demonstrates that while an apparent consensus around the core principle of party autonomy has emerged, its coherence as a doctrine is open to question as there remains significant variation in practice across its various facets and between legal systems.
Book Synopsis Efficiency in Private International Law by : Toshiyuki Kono
Download or read book Efficiency in Private International Law written by Toshiyuki Kono and published by BRILL. This book was released on 2015-01-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private international law (PIL) problems have existed for centuries when people from various territories and religious and social groups engaged in mutual contacts. Some of the core issues of this discipline have been critically reviewed during the so-called conflicts revolution which took place during the twentieth century in the American academic literature and court practice. However it seems that not much discussion on methodologies of PIL has developed since then. This book, inspired by the Law and Economics approach, introduces the concept of efficiency into PIL, aiming to show new dimensions of traditionally important issues. First, this author challenges the traditional understanding that uniform law is always more desirable than PIL, and raises questions on the rationale and possibility of the unification of PIL. Second, territoriality has been understood to exclude PIL. This book clarifies why such understanding does not hold in the twenty-first century especially in the field of intellectual property, and argues that a one-sizefits-all model would not be appropriate in the context of cross-border insolvency.
Book Synopsis Pan-Africanism and International Law by : Abdulqawi A. Yusuf
Download or read book Pan-Africanism and International Law written by Abdulqawi A. Yusuf and published by Martinus Nijhoff Publishers. This book was released on 2015-01-08 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pan-Africanism offers a unique vantage point to study Africa’s encounters with international law : first, as a continent whose political entities were excluded from the scope of application of the Eurocentric version of international law that was applied among the self-styled club of “civilized nations” ; second, through the emergence of African States as subjects of international law willing to contribute to the reform and further development of the law as a universal interstate normative system; and third, as members of the OAU and the AU acting collectively to generate innovative principles and rules, which, though applicable only in the context of intra-African relations, either go beyond those existing at the universal level or complement them by broadening their scope. This study examines those encounters through the various stages in the evolution of Pan-Africanism from a diaspora-based movement, engaged in the struggle for the emancipation of the peoples of the continent, to groupings of independent States and intergovernmental organizations which continue to promote African unity and influence the development of international law to make it more reflective of diverse legal traditions and values.
Book Synopsis Innovation and Experimentation in the International Climate Change Regime by : Lavanya Rajamani
Download or read book Innovation and Experimentation in the International Climate Change Regime written by Lavanya Rajamani and published by BRILL. This book was released on 2021-02-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a critical lens to humanity’s collective regulatory response to the existential threat of climate change. It explores those aspects of the international climate change regime that, albeit born of political dysfunction, demonstrate ingenuity, innovation and experimentation. This includes aspects relating to the legal form of instruments in the regime, the legal character of its provisions, as well as norm hybridity and mutation, and the nature, extent and evolution of differential treatment in the regime. This book argues that innovations and experiments in the international climate change regime have resulted in a highly sophisticated and nuanced legal regime – one that challenges the conceptual boundaries of international law, enriches the core of treaty law and practice and is likely to have an enduring impact on international law, legal practice and diplomatic intercourse.
Book Synopsis The Allocation of Power between Arbitral Tribunals and State Courts by : Alan Scott Rau
Download or read book The Allocation of Power between Arbitral Tribunals and State Courts written by Alan Scott Rau and published by BRILL. This book was released on 2019-03-25 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ? Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that “consent” which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the “chosen law” that will govern the agreement to arbitrate itself.
Book Synopsis Establishing Norms in a Kaleidoscopic World by : Edith Brown Weiss
Download or read book Establishing Norms in a Kaleidoscopic World written by Edith Brown Weiss and published by BRILL. This book was released on 2022-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a kaleidoscopic world in the new Anthropocene Epoch. This calls for a more inclusive public international law that accepts diverse actors in addition to States and other sources of law, including individualized voluntary commitments. Norms are critical to the stability and legitimacy of this international system. They underlie responses to rapid change, to new technological developments and to problems of protecting commons, promoting public goods, and providing social and economic justice. Certain fundamental norms can be identified ; others are emerging. The norm of mutual accountability underpins the implementation of other norms. Norms are especially relevant to frontier doit-yourself technologies, such as synthetic biology, digital currencies, cyber activity, and climate interventions, as addressed in the book. Reconceiving public international law lessens the sharp divide between public and private law and between domestic and international law.
Book Synopsis Research Handbook on the Brussels Ibis Regulation by : Peter Mankowski
Download or read book Research Handbook on the Brussels Ibis Regulation written by Peter Mankowski and published by Edward Elgar Publishing. This book was released on 2020-03-28 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook addresses the cutting edges of the Brussels Ibis Regulation, in particular its place within the overall system of EU law and its adaptations in response to lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to this, analysing the most recent developments in legislation and practice and providing an outlook on the future of this field of EU law.
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 Universal Civil Jurisdiction by : Serena Forlati
Download or read book Universal Civil Jurisdiction written by Serena Forlati and published by BRILL. This book was released on 2020-10-12 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.
Book Synopsis Treaties and their Practice by : Georg Nolte
Download or read book Treaties and their Practice written by Georg Nolte and published by BRILL. This book was released on 2019-03-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book describes the development of certain important treaties from the perspective of their practice, with a view to assessing whether these treaties are, or have been, on the “rise” or in “decline”. Following a glance at major European peace treaties prior to the UN Charter, the book focuses on developments over the last thirty years with respect to the UN Charter and its rules on the use of force, human rights treaties, the WTO agreements, investment treaties, and environmental treaties. It looks at these treaties from the perspective of an observer as well as from the perspective of a practitioner who is called to apply a treaty, taking into account the rules of interpretation under the Vienna Convention on the Law of Treaties. The book describes, in particular, how the International Law Commission has elucidated the significance of the rules of interpretation in its conclusions on “Subsequent agreements and subsequent practice in relation to the interpretation of treaties” (2018), and it connects this work with the broader developments.
Book Synopsis Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments by : Ronald A. Brand
Download or read book Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments written by Ronald A. Brand and published by BRILL. This book was released on 2014-04-11 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private international law is normally discussed in terms of rules applied in litigation involving parties from more than one State. Those same rules are fundamentally important, however, to those who plan crossborder commercial transactions with a desire to avoid having a dispute arise — or at least to place a party in the best position possible if a dispute does arise. This makes rules regarding jurisdiction, applicable law, and the recognition and enforcement of judgments vitally important to contract negotiations. It also makes the consideration of transactional interests important when developing new rules of private international law. These lectures examine rules of jurisdiction and rules of recognition and enforcement of judgments in the United States and the European Union, considering their similarities, their differences, and how they affect the transaction planning process.
Book Synopsis Research Handbook on Human Rights and Investment by : Yannick Radi
Download or read book Research Handbook on Human Rights and Investment written by Yannick Radi and published by Edward Elgar Publishing. This book was released on 2018-12-28 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interplay between human rights and investments is a key and complex issue in today’s world. To take stock of this importance and to tackle this complexity, this Research Handbook offers a unique multi-faceted approach. It gathers in-depth contributions which focus on the interplay between human rights and investments in various international legal regimes, economic sectors and regions. It also provides thorough analyses of the various types of accountability that may result from the activities of multinational corporations in relation to human rights. This Research Handbook is intended for practitioners, policy-makers, academics and students eager to understand the interaction between human rights and investments in all its dimensions.
Book Synopsis Private International Law by : Franco Ferrari
Download or read book Private International Law written by Franco Ferrari and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.
Book Synopsis Solidarity and Community Interests by : R. Wolfrum
Download or read book Solidarity and Community Interests written by R. Wolfrum and published by BRILL. This book was released on 2021-12-28 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: Solidarity and community interest may appear to be purely abstract notions. But in fact they may form the basis of a more flexible approach to international lawmaking than traditional formulas of legally binding commitments. Through an empirical analysis of existing and emerging public international law, this book traces these concepts in existing regimes and investigates the impact they have had and will continue to have on the progressive development of specific international regimes, particularly those serving the protection of the environment and of human rights. It discusses how through these two regimes these concepts have changed the international normative order and explores the challenges such changes have created for implementation and enforcement. One such challenge is the lack of an adequate dispute settlement regime, and the book closes with some practical suggestions for an appropriate mechanism.
Book Synopsis The EU Regulations on the Property Regimes of International Couples by : Ilaria Viarengo
Download or read book The EU Regulations on the Property Regimes of International Couples written by Ilaria Viarengo and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. Written by experts from a variety of European countries, it offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered.
Book Synopsis Animals in International Law by : Anne Peters
Download or read book Animals in International Law written by Anne Peters and published by BRILL. This book was released on 2021-05-25 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: The plight of animal individuals and species inflicted on them by human activity is a global problem with detrimental repercussions for all humans and for the entire planet. This book gives an overview of the most important international legal regimes that directly address and indirectly affect animals. It covers species conservation treaties, notably the international whaling regime, the farm animal protection rules of the EU, international trade law and the international law of armed conflict. It also analyses the potential for an international regime of animal rights. Finding that international law creates more harm than good for animals, the auther suggests progressive treaty interpretation, treaty making and animal interest representation to close the animal welfare gap in international law. A body of global animal law needs to be developed, accompanied by critical global animal studies.
