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Substance And Procedure In Private International Law
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Book Synopsis Substance and Procedure in Private International Law by : Richard Garnett
Download or read book Substance and Procedure in Private International Law written by Richard Garnett and published by OUP Oxford. This book was released on 2012-03-08 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.
Book Synopsis Substance and Procedure in Private International Law by : Richard Garnett (Lawyer)
Download or read book Substance and Procedure in Private International Law written by Richard Garnett (Lawyer) and published by . This book was released on 2012 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: "When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason."--Publisher's website.
Book Synopsis Advanced Introduction to Private International Law and Procedure by : Peter Hay
Download or read book Advanced Introduction to Private International Law and Procedure written by Peter Hay and published by Edward Elgar Publishing. This book was released on 2018-06-29 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? Advanced Introduction to Private International Law and Procedure addresses these questions through a comparative overview of legal systems, contrasting Anglo-American common law and the civil law approach of the European Union.
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 Procedure and Substance in International Environmental Law by : Jutta Brunnée
Download or read book Procedure and Substance in International Environmental Law written by Jutta Brunnée and published by BRILL. This book was released on 2021-02-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.
Book Synopsis Cheshire and North's Private International Law by : Peter Machin North
Download or read book Cheshire and North's Private International Law written by Peter Machin North and published by . This book was released on 1999 with total page 1212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition has been substantially updated to offer an up-to-date and authoritative account of the law in this rapidly changing field. As well as general updating, the chapter on Torts has been completely rewritten and the growing importance of the law of restitution has led to the inclusion of a new separate chapter on the private international law aspects of this significant field of the law of obligations. The major developments in the law on jurisdiction and the recognition of foreign judgements have also been fully discussed.
Book Synopsis When Private International Law Meets Intellectual Property Law by : World Intellectual Property Organization
Download or read book When Private International Law Meets Intellectual Property Law written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-10-15 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.
Book Synopsis The Function of Equity in International Law by : Catharine Titi
Download or read book The Function of Equity in International Law written by Catharine Titi and published by Oxford University Press. This book was released on 2021-06-11 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.
Book Synopsis Private International Law. A Treatise on the Conflict of Laws by : Friedrich Karl von Savigny
Download or read book Private International Law. A Treatise on the Conflict of Laws written by Friedrich Karl von Savigny and published by . This book was released on 1869 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cheshire, North and Fawcett by : Ugljesa Grusic
Download or read book Cheshire, North and Fawcett written by Ugljesa Grusic and published by Oxford University Press, USA. This book was released on 2017-09-21 with total page 1584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including coverage of the Recast Brussels I Regulation which came into force in 2015. The book is invaluable for the practitioner as well as being one of the leading students' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law. It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by an expert team of academics, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts.
Book Synopsis Procedures in International Law by : Gernot Biehler
Download or read book Procedures in International Law written by Gernot Biehler and published by Springer Science & Business Media. This book was released on 2008-09-08 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The character of international law between scholarly reflection of foreign policy expediencies and recognising prescriptive rules binding on all concerned has long been a particular challenge to those active in the field. Law is not law if there is no procedure to both determine its contents and to show ways to enforce it. It is through its procedures that international law becomes real. Based on an overview of the varied procedures e.g. in both The Hague’s and the national courts and those found in international organisations a more consistent picture of international law emerges. This compendium for students and practitioners is accessible yet sophisticated in its approach.
Book Synopsis Procedures in International Law by : Gernot Biehler
Download or read book Procedures in International Law written by Gernot Biehler and published by Springer Science & Business Media. This book was released on 2008-09-12 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The character of international law between scholarly reflection of foreign policy expediencies and recognising prescriptive rules binding on all concerned has long been a particular challenge to those active in the field. Law is not law if there is no procedure to both determine its contents and to show ways to enforce it. It is through its procedures that international law becomes real. Based on an overview of the varied procedures e.g. in both The Hague’s and the national courts and those found in international organisations a more consistent picture of international law emerges. This compendium for students and practitioners is accessible yet sophisticated in its approach.
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.
Book Synopsis Cheshire's Private International Law by : Geoffrey Chevalier Cheshire
Download or read book Cheshire's Private International Law written by Geoffrey Chevalier Cheshire and published by Butterworth-Heinemann. This book was released on 1974 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: Textbook on the conflict of laws between private international law and law (incl. Civil law and commercial law) in the UK - covers the definition and scope of private international law, jurisdiction of the English courts, the proof of foreign law, domicil, contracts, negotiable instruments, tort, marriage, marital status, legal status, wills, bankruptcy, foreign judgements and arbitral awards, substance and procedure, etc. References.
Book Synopsis Private International Law in Nigeria by : Chukwuma Okoli
Download or read book Private International Law in Nigeria written by Chukwuma Okoli and published by Bloomsbury Publishing. This book was released on 2020-06-11 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and legislators alike will find Private International Law in Nigeria an instructive and practical guide.
Book Synopsis Res Judicata, Estoppel, and Foreign Judgments by : Peter R. Barnett
Download or read book Res Judicata, Estoppel, and Foreign Judgments written by Peter R. Barnett and published by Oxford Private International L. This book was released on 2001 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely:(i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgmentsrecognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed HagueConvention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and technical doctrines of res judicata and abuse of process are well known in the context of domestic judicial decisions, little has hitherto been written analysing how these doctrines apply when the judgment emanates from a foreign court. It is not surprising, therefore, thatthis area of law has been frequently confused and mis-applied. And yet the recognition of foreign judgments for preclusive purposes is an increasingly important area for practitioners and academics - especially for those interested in international commercial litigation, and not least given theimportant treaty developments that are occurring. For these reasons, this book is a very timely work. Written with a practitioner focus, it includes extensive references to res judicata authorities in the United Kingdom, Australia and Canada.
Book Synopsis Procedure and Private International Law by : Wendy Collins Perdue
Download or read book Procedure and Private International Law written by Wendy Collins Perdue and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This research review examines leading English language journal articles in the area of private international law. It focuses on a range of procedural issues that have particular salience for international litigation including the location of process and discovery, class actions and the aggregation of class, and the professional responsibility challenges of lawyers practicing in multiple jurisdictions. It provides valuable context and insight for the issues addressed. This research review is an essential tool for university and academic institution libraries and International law scholars. --
