La dimension sociale du droit international privé

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Publisher : BRILL
ISBN 13 : 9004249923
Total Pages : 552 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis La dimension sociale du droit international privé by : A. Bucher

Download or read book La dimension sociale du droit international privé written by A. Bucher and published by BRILL. This book was released on 2011-04-25 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ce cours apporte la cohérence au pluralisme des méthodes, dans une perspective qui tient compte des intérêts de la société. Les règles de conflit de lois sont présentées dans une nouvelle structure, exhaustive, permettant de définir la place des règles unilatérales et bilatérales et des lois de police et d’y intégrer le droit de l’Union européenne. On distinguera ainsi entre les règles attributives, matérielles et réceptives de conflit de lois. Le lecteur emportera le message que les « mécanismes », la « proximité », l’« harmonie des solutions », la « coopération » et tant d’autres « techniques » en droit international privé doivent être remplies d’une idée de justice sans laquelle elles n’ont pas de mérite. Cette justice met en valeur l’identité et la protection de la personne à travers les ordres juridiques. Le regard sur cette idée sera le meilleur guide dans l’étude des règles et des méthodes du droit international privé.

Research Methods in Private International Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1800375530
Total Pages : 409 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Research Methods in Private International Law by : Xandra Kramer

Download or read book Research Methods in Private International Law written by Xandra Kramer and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.

Private International Law

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Publisher : BRILL
ISBN 13 : 9004503919
Total Pages : 502 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Private International Law by : Symeon C. Symeonides

Download or read book Private International Law written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-11-08 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.

General course on private international law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028607590
Total Pages : 458 pages
Book Rating : 4.6/5 (75 download)

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Book Synopsis General course on private international law by :

Download or read book General course on private international law written by and published by Martinus Nijhoff Publishers. This book was released on 1979-11-05 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt:

La famille dans l’ordre juridique de l’Union européenne / Family within the Legal Order of the European Union

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Author :
Publisher : Bruylant
ISBN 13 : 2802768964
Total Pages : 409 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis La famille dans l’ordre juridique de l’Union européenne / Family within the Legal Order of the European Union by : Elsa Bernard

Download or read book La famille dans l’ordre juridique de l’Union européenne / Family within the Legal Order of the European Union written by Elsa Bernard and published by Bruylant. This book was released on 2020-12-31 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le droit de la famille, dans sa dimension civiliste, fortement ancré dans les cultures nationales des États membres, est une matière qui ne relève pas, en principe, du droit de l’Union européenne. Pourtant, il n’est plus possible d’affirmer que la matière échappe dans son entier au droit de l’Union. De nombreux aspects de la famille sont sous influence européenne, au point que l’on voit se dessiner les contours d’une « famille européenne ». L’ouvrage propose de mettre en lumière l’acquis européen en matière de droit de la famille, au prisme du droit matériel (citoyenneté européenne, politique sociale de l’Union, fonction publique européenne...), comme du droit international privé. Le droit de la famille de l’Union s’identifie alors comme un «droit spécial» complétant la diversité des droits nationaux de la famille. Sa signification théorique et politique dans l’Union est débattue par les auteurs, autant que son devenir. Loin de demeurer fragmentaire à côté des droits nationaux des États membres, il a probablement vocation à se densifier pour offrir aux citoyens et résidents européens un droit commun de la famille au sein de l’Union. Family law, with its civil law tradition, and strong roots in the national cultures of the Member States, does not normally fall within the scope of European law. However, it is no longer possible to argue that family law is outside European law entirely. There are many aspects of the family which are subject to European influence, to the point that the outlines of a «European family» are starting to emerge. This book is intended to highlight the European experience of family law and its substantive (i.e. European citizenship, EU social policy, EU civil service...) and private international law aspects. Union law therefore contains a form of «special» family law which is shared between the Member States and supplements their national family laws. Its theoretical and political importance in the Union, as well as its future, are discussed by the authors. Far from remaining fragmented alongside the national laws of Member States, it will likely develop to offer European citizens and residents a common family law within the EU.

Liability for Transboundary Pollution at the Intersection of Public and Private International Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509951164
Total Pages : 334 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Liability for Transboundary Pollution at the Intersection of Public and Private International Law by : Guillaume Laganière

Download or read book Liability for Transboundary Pollution at the Intersection of Public and Private International Law written by Guillaume Laganière and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.

L'Influence de la religion dans le droit international privé des pays musulmans

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024737260
Total Pages : 468 pages
Book Rating : 4.7/5 (372 download)

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Book Synopsis L'Influence de la religion dans le droit international privé des pays musulmans by : Academie de Droit International de la Haye

Download or read book L'Influence de la religion dans le droit international privé des pays musulmans written by Academie de Droit International de la Haye and published by Martinus Nijhoff Publishers. This book was released on 1988-05-16 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. 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 .

The Politics of Time

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Publisher : John Wiley & Sons
ISBN 13 : 1509551115
Total Pages : 250 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis The Politics of Time by : Achille Mbembe

Download or read book The Politics of Time written by Achille Mbembe and published by John Wiley & Sons. This book was released on 2022-11-30 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: As we enter the third decade of the twenty-first century, the world is undergoing a major historical shift: Africa, and the Global South more generally, is increasingly becoming a principal theatre in which the future of the planet plays itself out. But not only this: Africa is at the same time emerging as one of the great laboratories for novel forms of social, economic, political, intellectual, cultural, and artistic life. Often arising in unexpected places, these new forms of life materialize in practices that draw deeply from collective memory while simultaneously assuming distinctly contemporary, even futuristic, guises. In November 2017, the second session of the Ateliers de la pensée – Workshops of Thought – was held in Dakar, Senegal. Fifty African and diasporic intellectuals and artists participated and their debates unfolded along numerous thematic lines, approached from the standpoints of many different disciplines. This volume is the result of that encounter. Among the many topics discussed were the concurrence and entanglement of multiple temporalities, the politics of life in the Anthropocene, the project of decolonization, and the preservation and transmission of different ways of knowing. At a time when the world is haunted by the specter of its own end, the contributors to this volume ask whether one can, by taking Africa as a point of departure, seize hold of other options for the future – not only for Africa, but for the world. The Politics of Time and its companion volume, To Write the Africa World, will be indispensable works for anyone interested in Africa – its past, present, and future – and in the new forms of critical thought emerging from Africa and the Global South.

The Changing Role of Nationality in International Law

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Publisher : Routledge
ISBN 13 : 1136752129
Total Pages : 241 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis The Changing Role of Nationality in International Law by : Serena Forlati

Download or read book The Changing Role of Nationality in International Law written by Serena Forlati and published by Routledge. This book was released on 2013-03-20 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the current role of nationality from the point of view of international law, reassessing the validity of the ‘classical’, state-centered, approach to nationality in light of the ‘new’ role the human being is gradually acquiring within the international legal order. In this framework, the collection assesses the impact of international human rights rules on the international discourse on nationality and explores the significance international (including private international) law attaches to the links individuals may establish with states other than that of nationality. The book weighs the significance of the bond of nationality in the context of regional integration systems, and explores the fields of international law in which nationality still plays a pivotal role, such as diplomatic protection and dispute settlement in international investment law. The collection includes contributions from legal scholars of different nationalities and academic backgrounds, and offers an excellent resource for academics, practitioners and students undertaking advanced studies in international law.

Philosophical Foundations of Private International Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192858777
Total Pages : 433 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Philosophical Foundations of Private International Law by :

Download or read book Philosophical Foundations of Private International Law written by and published by Oxford University Press. This book was released on 2024-06-20 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private international law has long been understood as a doctrinal and technical body of law, without interesting theoretical foundations or implications. By systematically exploring the rich array of philosophical topics that are part of the fabric of private international law, Philosophical Foundations of Private International Law fills a significant and long-standing void in the legal and philosophical literature.The contributions to this volume are testimony to the significant potential for interaction between philosophy and private international law. Some aim to expand and rethink classical jurisprudential theories by focusing on law beyond the state and on the recognition of foreign law and judgments in domestic courts. Others bring legal and moral theories to bear on traditional debates in private international law, such as legal pluralism, transnational justice, the interpretation of foreign legal policies, and the boundaries of the legal system. Several engage with the history of both private international law and legal and political philosophy. They point to missed opportunities when philosophers ignored law's transnational dimensions, or when private international law scholars failed to position their theories within broader philosophical schools of thought. Some seek to complete past attempts to articulate the philosophical dimensions of private international law that were never carried through. Thought-provoking and topical, this volume displays the varied themes cutting through the disciplines of private international law and philosophy.

Private International Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1789906903
Total Pages : 517 pages
Book Rating : 4.7/5 (899 download)

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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 517 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.

Recueil Des Cours, Collected Courses 1939

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028610521
Total Pages : 724 pages
Book Rating : 4.6/5 (15 download)

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Book Synopsis Recueil Des Cours, Collected Courses 1939 by : Acadimie de Droit International de La Haye

Download or read book Recueil Des Cours, Collected Courses 1939 written by Acadimie de Droit International de La Haye and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. 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 .

Les bases éthiques pour le droit et la société

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024734245
Total Pages : 420 pages
Book Rating : 4.7/5 (342 download)

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Book Synopsis Les bases éthiques pour le droit et la société by :

Download or read book Les bases éthiques pour le droit et la société written by and published by Martinus Nijhoff Publishers. This book was released on 1986-10-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Problèmes de Conflits de Lois en Matière de Filiation, Jacques Foyer Jacques Foyer, Professor at the University of Paris II, notes in introduction of his course that it can be enlightening to compare the different modern methods of solution of the conflict of laws regarding filiation. The study of the different systems shows that there exist at least three methods to contradict the classic choice-of-law rule. The course is structured around the analysis of these three methods. Firstly, it is the criticism of the rigid character and the unpredictability of the traditional rule that triggers the temptation of a manipulation of the choice of law rule. The author then points out that one could question its abstract and arbitrary character, which leads on the one hand to an attempt to hierarchization, and on the other hand, to a diversification of the choice-of-law rules. Lastly, it is the principle of the foreign law's purpose to govern legal relationships in the same way as the lex fori that is questioned, which leads to its partial elimination to the profit of a more or less systematic application of the territorial law or of the one of the court hearing the action. General Course on Private International Law, Friedrich K. Juenger According to Friedrich Juenger, Professor at the University of California in Davis, the outstanding characteristic of the conflict of laws is the lack of consensus on the discipline's goals and methods. He proposes to put the accent in his course on the events for which public international law must find a solution in order to avoid the constant danger that threatens the discipline: that is, to become a simple academic game. Three examples of reported cases and the kinds of issues they raise are given in the Introduction. Professor Juenger next gives a detailed historical overview of the conflict of laws, from Antiquity to Mancini. In addition, the author presents the emergence of new orthodoxies, or rather proposes to re-examine the traditional doctrines, and points out the advantages of a teleological approach. That allows him to revisit the three cases mentioned in the Introduction. Les Bases éthiques pour le Droit et la Société Perspectives de la Commission indépendante sur les questions humanitaires internationales, Sadruddin Aga Khan Conference of July 30, 1985 Sadruddin Aga Khan, President of the Independent Commission on International Humanitarian Issues, recalls in his course on the ethical bases of law and society that the role of the commission he presides is to remind us of the basic elements of a code of ethics which has the same spiritual significance as that found in all major religions. Lawyers as well as scientists, adds the author, must mobilize their immense resources, bearing in mind that the rule of law should never disregard moral appreciation.

The Transformation of Administrative Law in Europe

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Publisher : sellier. european law publ.
ISBN 13 : 3935808917
Total Pages : 335 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis The Transformation of Administrative Law in Europe by : Matthias Ruffert

Download or read book The Transformation of Administrative Law in Europe written by Matthias Ruffert and published by sellier. european law publ.. This book was released on 2007 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.

Research Handbook on the Metaverse and Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1035324865
Total Pages : 439 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Research Handbook on the Metaverse and Law by : Larry A. DiMatteo

Download or read book Research Handbook on the Metaverse and Law written by Larry A. DiMatteo and published by Edward Elgar Publishing. This book was released on 2024-08-06 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook analyses the role of law in a universe fractured by new disruptive technologies such as metaverse platforms. Contributing authors explore how the law will adapt as new dimensions of the metaverse are introduced to issues such as intellectual property rights, e-commerce, NFTs and cryptocurrencies, data privacy, contract law, as well as human rights, consumer law and criminal law. The abuse and manipulation of users is studied in several contributions.

Boundaries of European Private International Law

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Author :
Publisher : Primento
ISBN 13 : 2802751646
Total Pages : 747 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis Boundaries of European Private International Law by : Jean-Sylvestre Bergé

Download or read book Boundaries of European Private International Law written by Jean-Sylvestre Bergé and published by Primento. This book was released on 2015-04-22 with total page 747 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private international law is by now based mainly on a large body of uniform rules such as the Regulations Rome I, Rome II, Brussels I, Brussels I bis. This significant legislative output, however, does not take place in a vacuum. Rules of private international law have been earlier (and still are) adopted at national, international and even European level in scattered regulations and directives. The recent plethora of private international law rules gives rise to issues of delineation and calls for some sort of ordering as gaps, overlaps and contradictions become flagrant. At the same time, the resulting interactions can offer new insight, ideas and even opportunities at a more theoretical level. This book gathers a collection of essays resulting out of a series of international seminars held in Lyon, Barcelona and Louvain-la-Neuve. During those seminars, young researchers selected in an open call for papers had the opportunity to discuss their views among themselves as well as with various specialists of the field, such as more senior academics, EU civil servants, national experts and representatives of other international organisations. The book offers the fresh views of those who will in the future shape the dialectic between the various sources of private international law and attempts to launch a discussion on the “living together” of legal sources. Two ranges of topics are addressed in the book: - firstly, the relationship between EU private international law and national law (substantial and procedural) and/or international law (international instruments of private international law or of uniform substantive law); and - secondly, the relationship between EU private international law and other aspects of EU law (internal market rules of primary law, harmonisation through secondary law and other pieces of legislation enacted in the realm of the area of freedom, security and justice).

Proceedings of the Second Pan American Scientific Congress: (section VI) International law, public law and jurisprudence. J. B. Scott, chairman

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Publisher :
ISBN 13 :
Total Pages : 934 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Proceedings of the Second Pan American Scientific Congress: (section VI) International law, public law and jurisprudence. J. B. Scott, chairman by :

Download or read book Proceedings of the Second Pan American Scientific Congress: (section VI) International law, public law and jurisprudence. J. B. Scott, chairman written by and published by . This book was released on 1917 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt: