Private International Law in South Africa

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Publisher :
ISBN 13 : 9789041151803
Total Pages : 0 pages
Book Rating : 4.1/5 (518 download)

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Book Synopsis Private International Law in South Africa by : Elsabe Schoeman

Download or read book Private International Law in South Africa written by Elsabe Schoeman and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Authors. List of Abbreviations. General Introduction. Part I. General Principles (Choice-of-Law Technique). Chapter 1. Sources of PIL. Chapter 2. Connection. Chapter 3. Basic Terms. Part II. Rules of Choice of Law. Chapter 1. Persons. Chapter 2. Obligations. Chapter 3. Law of Property. Chapter 4. Intangible Property Rights. Chapter 5. Company Law. Chapter 6. Family Law. Chapter 7. Succession Law. Part III. Annex: International Civil Procedure (ICP). Chapter 1. Sources of ICP (National Law, International Conventions). Chapter 2. The Principle of Lex Fori. Chapter 3. National Jurisdiction. Chapter 4. International Jurisdiction. Chapter 5. Acceptability (Recognition) and Enforcement of Foreign Judgments. Selected Bibliography. Index.

Private International Law in Commonwealth Africa

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Publisher : Cambridge University Press
ISBN 13 : 0521199697
Total Pages : 559 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Private International Law in Commonwealth Africa by : Richard Frimpong Oppong

Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.

Private International Law in Botswana

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Publisher :
ISBN 13 :
Total Pages : 414 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Private International Law in Botswana by : John Kiggundu

Download or read book Private International Law in Botswana written by John Kiggundu and published by . This book was released on 2002 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Promoting Foreign Judgments

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403511125
Total Pages : 356 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Promoting Foreign Judgments by : Pontian N. Okoli

Download or read book Promoting Foreign Judgments written by Pontian N. Okoli and published by Kluwer Law International B.V.. This book was released on 2019-10-07 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.

The implementation of international law in Germany and South Africa

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Publisher : PULP
ISBN 13 : 1920538364
Total Pages : 538 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis The implementation of international law in Germany and South Africa by : Mehrdad Payandeh

Download or read book The implementation of international law in Germany and South Africa written by Mehrdad Payandeh and published by PULP. This book was released on 2015-07-23 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Africa, the power house of the African continent, as well as Germany, Europe’s largest economic power, are faced with an intricate maze of international obligations, whether related to the United Nations, the World Trade Organization, the African Union or the European Union (EU), international human rights law, international humanitarian law, or any other sub-regime of international law. The two countries are in a different position when facing the implementation of this maze of obligations. South Africa is a developing economy that faces various capacity challenges which, at times, also impact the manner and extent to which it implements its international treaty obligations. Germany, ont the other hand, benefits from comparatively well-funded institutes of international law and a well-trained academic community, which have contributed to the successful implementation of much of international law. But as the relevant chapters in this volume show, the German case is not without its own complexities. As a result, an exchange of ideas and experiences pertaining to the implementation of international obligations can prove fruitful for both countries. Moreover, such an exchange could also serve as a useful point of departure for other countries in Southern Africa that face similar challenges in relation to implementation. The current book explores suitable techniques of implementation of international law, by comparing South Africa with Germany. After a general overview of the status of international law within Germany and South Africa respectively, it focuses on the implementation of international instruments pertaining to key sub-areas of international law in the two countries. These include the United Nations Charter (peace and security), the international law of the sea, international economic law, international environmental law, international human rights law, international criminal law, regional integration, and the status of international judicial decisions before domestic courts.

Optional Choice of Court Agreements in Private International Law

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Publisher : Springer Nature
ISBN 13 : 3030239144
Total Pages : 528 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Optional Choice of Court Agreements in Private International Law by : Mary Keyes

Download or read book Optional Choice of Court Agreements in Private International Law written by Mary Keyes and published by Springer Nature. This book was released on 2019-10-18 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.

Dugard's International Law

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Publisher :
ISBN 13 : 9781485128281
Total Pages : 940 pages
Book Rating : 4.1/5 (282 download)

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Book Synopsis Dugard's International Law by : John Dugard

Download or read book Dugard's International Law written by John Dugard and published by . This book was released on 2019-01-07 with total page 940 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fifth edition of International Law: A South African Perspective is now titled Dugard's International Law: A South African Perspective, in recognition of the fact that this work is a continuation of the earlier editions written by John Dugard. The substance of the work has undergone major changes to take account of new developments both on the international legal scene and in South Africa. Dugard's International Law: A South African Perspective presents a South African perspective of international law. The basic principles of international law are described and examined with reference to the principal sources of international law. This examination, however, takes place within the context of South African law. South African state practice, judicial decisions and legislation on international law receive equal treatment with international law as it is practised and taught abroad. The present work is designed to assist judicial officers and practitioners, educate students, and guide diplomats in the intricacies of international law both at home in South Africa and abroad.

Private International Law

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Publisher : Juta and Company Ltd
ISBN 13 : 9780702194221
Total Pages : 580 pages
Book Rating : 4.1/5 (942 download)

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Book Synopsis Private International Law by : C. F. Forsyth

Download or read book Private International Law written by C. F. Forsyth and published by Juta and Company Ltd. This book was released on 2012 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Law

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Publisher : Juta
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.X/5 (2 download)

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Book Synopsis International Law by : John Dugard

Download or read book International Law written by John Dugard and published by Juta. This book was released on 1994 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Blurry Boundaries of Public and Private International Law

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Publisher : Springer Nature
ISBN 13 : 9811684804
Total Pages : 287 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Blurry Boundaries of Public and Private International Law by : Poomintr Sooksripaisarnkit

Download or read book Blurry Boundaries of Public and Private International Law written by Poomintr Sooksripaisarnkit and published by Springer Nature. This book was released on 2022-02-23 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes—Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.

International Law in South Africa

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Publisher : Wentworth Press
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis International Law in South Africa by : Thomas Baty

Download or read book International Law in South Africa written by Thomas Baty and published by Wentworth Press. This book was released on 1900 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Private International Law, Art and Cultural Heritage

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781002169
Total Pages : 416 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Private International Law, Art and Cultural Heritage by : Christa Roodt

Download or read book Private International Law, Art and Cultural Heritage written by Christa Roodt and published by Edward Elgar Publishing. This book was released on 2015-04-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the co

Choice of Law in International Commercial Contracts

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Publisher :
ISBN 13 : 9780198840107
Total Pages : 1392 pages
Book Rating : 4.8/5 (41 download)

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Book Synopsis Choice of Law in International Commercial Contracts by : Oxford Editor

Download or read book Choice of Law in International Commercial Contracts written by Oxford Editor and published by . This book was released on 2021-03 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.

Elements of Private International Law

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Publisher : Ian Randle Publishers
ISBN 13 : 9768167386
Total Pages : 339 pages
Book Rating : 4.7/5 (681 download)

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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:

Africa and the Development of International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024737963
Total Pages : 332 pages
Book Rating : 4.7/5 (379 download)

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Book Synopsis Africa and the Development of International Law by : Taslim Olawale Elias

Download or read book Africa and the Development of International Law written by Taslim Olawale Elias and published by Martinus Nijhoff Publishers. This book was released on 1988-11-14 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Africa. The new states and the United Nations. Modern.

The Confluence of Public and Private International Law

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Publisher : Cambridge University Press
ISBN 13 : 1139479733
Total Pages : 463 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Confluence of Public and Private International Law by : Alex Mills

Download or read book The Confluence of Public and Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2009-07-02 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.

Yearbook of Private International Law

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Publisher : sellier. european law publ.
ISBN 13 : 3935808607
Total Pages : 451 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis Yearbook of Private International Law by : P. Sarcevic

Download or read book Yearbook of Private International Law written by P. Sarcevic and published by sellier. european law publ.. This book was released on 2006-06-30 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook of Private International Law is published by Sellier. ELP in cooperation with the Swiss Institute of Comparative Law. This annual publication provides analysis and information on private international law developments world-wide. The editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, the Hague Academy, the United Nations Commission on International Trade Law (UNCITRAL), and the International Institute for the Unification of Private Law (UNIDROIT). The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners. Volume VII includes various topics, such as: Hague Convention of 30 June 2005 on Choice of Court Agreements -- General Problems of Private International Law in Modern Codifications-De Lege Lata and De Lege Europea Ferenda -- Maintenance in Private International Law in the United States -- What's New In Latin American Private International Law? -- International Subcontracting in EC Private International Law -- Recognition of Foreign Insolvency Proceedings -- National Reports from South Africa, Ukraine, Brazil, and Italy -- Case Law, Texts, Materials, and Recent Developments