A Common Inheritance ?

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041105172
Total Pages : 420 pages
Book Rating : 4.1/5 (51 download)

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Book Synopsis A Common Inheritance ? by : Academie De Droit International De La Haye

Download or read book A Common Inheritance ? written by Academie De Droit International De La Haye and published by Martinus Nijhoff Publishers. This book was released on 1997-10-17 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: - A Common Inheritance? An Examination of the Private International Law Tradition of the Commonwealth by D. McCLEAN, Professor at the University of Sheffield, - The Contribution of International Trade Law to the Development of International Law by D.M. McRAE, Professor at the University of Ottawa, - La conservation et la gestion des ressources de l'Antarctique, par F. FRANCIONI, professeur a l'Universite de Sienne. To access the abstract texts for this volume please click here

Recueil Des Cours, Collected Courses 1994

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041100795
Total Pages : 428 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Recueil Des Cours, Collected Courses 1994 by :

Download or read book Recueil Des Cours, Collected Courses 1994 written by and published by Martinus Nijhoff Publishers. This book was released on 1995-05-31 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." Contents: The Legal Position in International Law of Heads of States, Heads of Governments and Foreign Ministers, by Sir ARTHUR WATTS, KCMG, QC; Maintenance Obligations in the Conflict of Laws, by DIETER MARTINY; International Liability for the Injurious Consequences of Acts not Prohibited by International Law and Protection of the Environment, by JULIO BARBOZA. To access the abstract texts for this volume please click here

La Convention sur l'interdiction et l'élimination des armes chimiques

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041101549
Total Pages : 676 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis La Convention sur l'interdiction et l'élimination des armes chimiques by : Daniel Bardonnet

Download or read book La Convention sur l'interdiction et l'élimination des armes chimiques written by Daniel Bardonnet and published by Martinus Nijhoff Publishers. This book was released on 1995-11-17 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: After twenty years of negotiation within the framework of the Disarmament Conference, the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction was signed in Paris between 13 and 15 January 1993. At the same time, the signatory States adopted a resolution instituting a Preparatory Commission, established in The Hague, with the aim of 'the prompt and effective establishment of the future Organization for the Prohibition of Chemical Weapons'. A variety of converging considerations led the Curatorium of the Academy of International Law to organize a workshop on this subject: first the very interesting nature of the highly sensitive problems raised by the destruction of chemical weapons, both on the strategic and political planes, as well as on technical, financial and ecological grounds; but also the originality and difficulty, from the legal standpoint, of the numerous questions which will inevitably arise in connection with the application of the Paris Convention. Finally, the Paris Convention, which is innovative in many respects, particularly in that it institutes international control over the whole of an industrial activity, may be used as a model in other areas of disarmament, in particular the area of nuclear weapons.

Recueil Des Cours, 1998

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041112101
Total Pages : 404 pages
Book Rating : 4.1/5 (121 download)

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Book Synopsis Recueil Des Cours, 1998 by : Academie de Droit International de la Haye

Download or read book Recueil Des Cours, 1998 written by Academie de Droit International de la Haye and published by Martinus Nijhoff Publishers. This book was released on 1999-04-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: - Conférences prononcées à l'occasion du soixante-quinzième anniversaire de l'Académie/Addresses Delivered on the Occasion of the 75th Anniversary of the Academy. - La contribution de l'Académie au développement de la science et de la pratique du droit international privé, par A.V.M. STRUYCKEN, membre du Curatorium de l'Académie de droit international de La Haye. - The Contribution of the Academy to the Development of the Science and Practice of Public International Law by S. SKUBISZEWSKI, Member of the Curatorium of the Hague Academy of International Law. - Is International Law Threatened by Multiple International Tribunals? by J.I. CHARNEY, Professor at Vanderbilt University, Nashville.

Dealing with Bribery and Corruption in International Commercial Arbitration

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520868
Total Pages : 455 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Dealing with Bribery and Corruption in International Commercial Arbitration by : Emmanuel Obiora Igbokwe

Download or read book Dealing with Bribery and Corruption in International Commercial Arbitration written by Emmanuel Obiora Igbokwe and published by Kluwer Law International B.V.. This book was released on 2023-01-10 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standards. In addition to providing a comprehensive examination of how the issue of bribery and corruption is dealt with in contemporary international commercial arbitration, the book also highlights the role of arbitrators in global efforts to combat transnational commercial bribery and corruption. Among others, the following critical issues are thoroughly investigated: arbitrability of issues of public interests; intermediary contracts; role of arbitrators in the fact-finding process; party autonomy versus overriding mandatory rules; iura novit curia in international commercial arbitration in the context of bribery and corruption; notion of transnational (or ‘truly international’) public policy; arbitrators’ duty to act as guardians of international commerce; investigative tools available to arbitrators; dealing with manifestly recalcitrant parties; possible consequences of violating the obligation to sua sponte investigate; and the view from developing countries. The analysis leans primarily on Swiss law, as Switzerland is one of the most important jurisdictions in international commercial arbitration; Switzerland has also been involved in some of the most famous and controversial arbitration cases wherein bribery and corruption became an issue. However, the study also includes a comparative analysis of the relevant laws, jurisprudence, and doctrine of other major arbitration venues, particularly England, France, and Germany. Not only in the light it sheds on how and whether international commercial arbitrators have hitherto justified the trust States have placed in them regarding the protection of the public interests but also in the practical solutions it offers arbitrators faced with issues of bribery and corruption, this deeply researched book equips arbitration practitioners and arbitration institutions with a hitherto lacking in-depth analysis on the question of sua sponte investigation. It also provides invaluable insights on how this issue might affect the future, legitimacy and expansion of this dispute settlement mechanism. Outside the field of arbitration, the book also provides jurists, legal scholars, in-house counsel for companies doing transnational business and public officials with highly enlightening perspectives on the interaction between international commercial arbitration and public interests.

Private International Law as Component of the Law of the Forum

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004226346
Total Pages : 361 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Private International Law as Component of the Law of the Forum by : Michael Bogdan

Download or read book Private International Law as Component of the Law of the Forum written by Michael Bogdan and published by Martinus Nijhoff Publishers. This book was released on 2012-01-03 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In spite of the undoubtedly great and rising importance of the international legislative co-operation regarding private international law, it must be remembered that no successful unification or harmonization of conflict rules has ever taken place on the universal level, and that the conflict rules stemming from international legislative co-operation between a limited number of countries give rise to the same problems as non-harmonized rules, whenever they have to be used in relation to countries not participating in the legislative co-operation in question. This book will therefore focus on the last-mentioned problems and refrain from dealing with the particular issues arising from international legislative co-operation in the field of private international law. One of the principal aims of Michael Bogdan is to demonstrate the relationship between the national rules of private international law and the rest of the legal system of the forum country, in the first place its substantive private law and its law of civil procedure, as well as to illustrate the impact of the forum country’s general ethical and other values on its private international law.

Recueil des cours. 243

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792332831
Total Pages : 436 pages
Book Rating : 4.3/5 (328 download)

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Book Synopsis Recueil des cours. 243 by : Academie De Droit International de la Haye

Download or read book Recueil des cours. 243 written by Academie De Droit International de la Haye and published by Martinus Nijhoff Publishers. This book was released on 1994-11-30 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: International Art Trade and the Law by K. SIEHR, Professor at the University of Zurich. La cooperation transfrontaliere regionale et locale, par M. BERNAD y ALVAREZ DE EULATE, professeur a l'Universite de Saragosse. To access the abstract texts for this volume please click here

La Dette Extérieure

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041100832
Total Pages : 820 pages
Book Rating : 4.1/5 (8 download)

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Book Synopsis La Dette Extérieure by : ... Carreau-Shaw

Download or read book La Dette Extérieure written by ... Carreau-Shaw and published by Martinus Nijhoff Publishers. This book was released on 1995 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: The practical importance of the subject of 'The External Debt' in contemporary international life goes without saying. On the analytical level, the interest and indeed the difficulty of the subject lies in the need for a multidisciplinary approach, where political, financial and legal aspects are closely linked and require a clear understanding. From the purely legal point of view, the traditional and largely artificial boundaries between private and public law, between private international law and public international law and even, more generally, between municipal and international law are clearly marked here. In this respect any analyst has to be a complete jurist, and this collection of essays (in English and French) is an illustration of this fact.

Index

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789004136991
Total Pages : 440 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Index by :

Download or read book Index written by and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. To access the abstract texts for this volume please click here

EU Law and Private International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004206736
Total Pages : 384 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis EU Law and Private International Law by : Jan-Jaap Kuipers

Download or read book EU Law and Private International Law written by Jan-Jaap Kuipers and published by Martinus Nijhoff Publishers. This book was released on 2011-11-25 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Union Law and Private International Law both attempt to resolve a conflict of laws. There is however a certain tension between the two disciplines. The present book proposes suggestions to enhance their mutual understanding.

Académie de droit international de la Haye

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Publisher : Collected Courses of the Hague
ISBN 13 : 9789004153738
Total Pages : 394 pages
Book Rating : 4.1/5 (537 download)

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Book Synopsis Académie de droit international de la Haye by : Académie de Droit International de la Ha

Download or read book Académie de droit international de la Haye written by Académie de Droit International de la Ha and published by Collected Courses of the Hague. This book was released on 2007-11 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This index is the eleventh in a series the object of which is to put at the disposal of users of the Collected Courses detailed and precise research tools. It is not intended to replace the general indexes, covering 25, 50, even 100 volumes, but to try to fill the gaps inherent in their publication dates, because, in effect, while waiting for them, the reader could find himself disorientated before the mass of documentation put at his disposal with no real indexation.

Corruption in International Trade and Commercial Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122362
Total Pages : 518 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Corruption in International Trade and Commercial Arbitration by : Abdulhay Sayed

Download or read book Corruption in International Trade and Commercial Arbitration written by Abdulhay Sayed and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Descreve como a corrupção é julgada na arbitragem comercial internacional. Procura explicar porque não há uma uniformidade na política arbitral em relação à corrupção. Analisa casos relativos à corrupção e arbitragem. Examina a legislação sobre corrupção, assim como convenções internacionais relevantes.

Diversity and Integration in Private International Law

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Publisher : Edinburgh University Press
ISBN 13 : 1474447880
Total Pages : 375 pages
Book Rating : 4.4/5 (744 download)

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Book Synopsis Diversity and Integration in Private International Law by : Ruiz Abou-Nigm Veronica Ruiz Abou-Nigm

Download or read book Diversity and Integration in Private International Law written by Ruiz Abou-Nigm Veronica Ruiz Abou-Nigm and published by Edinburgh University Press. This book was released on 2019-08-05 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can private international law contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society? Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions and institutions, the volume explores how private international law's connective capacity could be enhanced by more inclusive methodologies. This would allow it to better able to engage with the reality of the integration that it is there to promote. Based on comparative methodology, the volume examines legal practice, as revealed by national and regional case law. The scope includes the practice of international commercial arbitration; private international law regulatory frameworks; and legal theory.

General Principles of European Private International Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159649
Total Pages : 415 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis General Principles of European Private International Law by : Stefan Leible

Download or read book General Principles of European Private International Law written by Stefan Leible and published by Kluwer Law International B.V.. This book was released on 2016-02-22 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.

Imperativeness in Private International Law

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Author :
Publisher : Springer Nature
ISBN 13 : 9462654999
Total Pages : 261 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Imperativeness in Private International Law by : Giovanni Zarra

Download or read book Imperativeness in Private International Law written by Giovanni Zarra and published by Springer Nature. This book was released on 2022-01-27 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

Public Policy and Private International Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1789902665
Total Pages : 503 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Public Policy and Private International Law by : Meyer, Olaf

Download or read book Public Policy and Private International Law written by Meyer, Olaf and published by Edward Elgar Publishing. This book was released on 2022-09-06 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.

Yearbook of Private International Law

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Author :
Publisher : sellier. european law publ.
ISBN 13 : 3935808364
Total Pages : 413 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis Yearbook of Private International Law by : Petar Sarcevic

Download or read book Yearbook of Private International Law written by Petar Sarcevic and published by sellier. european law publ.. This book was released on 2005-07-13 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook of Private International Law series, an annual publication now published by Sellier. European Law Publishers in cooperation with the Swiss Institute of Comparative Law, provides analysis and information on private international law (PIL) developments world-wide. This sixth volume looks rather "Euro-centric", due to the impressive and continuous rhythm at which the creation of a European system of PIL is progressing at the European Community level. Contributions include discussion of the proposal for a Rome II regulation on conflict of laws in torts, as well as an analysis of the Avello decision, which could create a new framework for the development of PIL in Europe. Additional articles focus on the national conflict systems of some European states. An important comparative study discusses the treatment of foreign tax laws and judgments in four major European countriesâ??United Kingdom, Germany, France, and Italy. The actual and controversial issue of registered partnership is discussed from the perspective of Spanish law. Additionally, an English translation of the latest national PIL codificationâ??the recent Belgian Codeâ??is included.