The Choice of Law Contract

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509901027
Total Pages : 317 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Choice of Law Contract by : Maria Hook

Download or read book The Choice of Law Contract written by Maria Hook and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.

Recueil Des Cours, 1986

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024736225
Total Pages : 532 pages
Book Rating : 4.7/5 (362 download)

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Book Synopsis Recueil Des Cours, 1986 by : Académie de Droit International de la Ha Staff

Download or read book Recueil Des Cours, 1986 written by Académie de Droit International de la Ha Staff and published by Martinus Nijhoff Publishers. This book was released on 1987-10-06 with total page 532 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 Right to Development in International Law

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Publisher : BRILL
ISBN 13 : 9004637680
Total Pages : 441 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The Right to Development in International Law by : Subrata Roy Chowdhury

Download or read book The Right to Development in International Law written by Subrata Roy Chowdhury and published by BRILL. This book was released on 2023-11-27 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis. Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'. Apart from support, doubts about the concept to the right to development may also be found in this volume.

Recueil Des Cours - Collected Courses, 1992-II

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792324096
Total Pages : 420 pages
Book Rating : 4.3/5 (24 download)

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Book Synopsis Recueil Des Cours - Collected Courses, 1992-II by : Academie de Droit International de la Haye

Download or read book Recueil Des Cours - Collected Courses, 1992-II written by Academie de Droit International de la Haye and published by Martinus Nijhoff Publishers. This book was released on 1993-07-02 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 containes: - La contribution de la Conference de La Haye au developpment du droit international prive, par A.E. VON OVERBECK, professeur emerite a l'Universite de Fribourg. - The Contribution of the Hague Conference to the Development of Private International Law in Latin America by A. BOGGIANO, Professor at the University of Buenos Aires. - The Contribution of the Hague Conference to the Development of Private International law in Common Law Countries by J.D. McCLEAN, Professor at the University of Sheffield. - The Incidental Question in Private International Law by T.S. SCHMIDT, Professor at the University of Aarhus.

Contemporary Perspectives in Conflict of Laws

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Publisher :
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Contemporary Perspectives in Conflict of Laws by : Arthur Taylor Von Mehren

Download or read book Contemporary Perspectives in Conflict of Laws written by Arthur Taylor Von Mehren and published by . This book was released on 1977 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Choice of Law

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Author :
Publisher : Durham : Duke University Press
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis The Choice of Law by : David Farquhar Cavers

Download or read book The Choice of Law written by David Farquhar Cavers and published by Durham : Duke University Press. This book was released on 1985 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains selected essays written by the author from 1933 to 1983. In his earlier works he presents the view that in a conflicts case the choice should be between rules and not between states or jurisdictions. In the later essays he reviews the choice of law issues surrounding mass torts due to airplane accidents, drugs and defective products.

International Law and the Classification of Conflicts

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191632236
Total Pages : 568 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Law and the Classification of Conflicts by : Elizabeth Wilmshurst

Download or read book International Law and the Classification of Conflicts written by Elizabeth Wilmshurst and published by OUP Oxford. This book was released on 2012-08-02 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.

Suing Foreign Governments and Their Corporations, 2nd Edition

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Author :
Publisher : BRILL
ISBN 13 : 9004478949
Total Pages : 991 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Suing Foreign Governments and Their Corporations, 2nd Edition by : Joseph Dellapenna

Download or read book Suing Foreign Governments and Their Corporations, 2nd Edition written by Joseph Dellapenna and published by BRILL. This book was released on 2021-10-25 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Suing Foreign Governments and Their Corporations was first published in 1988, one reviewer predicted that it would become the bible for all attorneys litigating such cases. Since then, the book has become the standard work on the intricacies of litigation under the Foreign Sovereign Immunities Act. In the most recent Supreme Court decision applying the Foreign Sovereign Immunities Act, both the majority and the dissent cited the book as the definitive work on the topic.

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.

Conflicts of Law: International And Interstate

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9024712122
Total Pages : 432 pages
Book Rating : 4.0/5 (247 download)

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Book Synopsis Conflicts of Law: International And Interstate by :

Download or read book Conflicts of Law: International And Interstate written by and published by Martinus Nijhoff Publishers. This book was released on 1972 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an in-depth, comparative study of the nature of civil & commercial law & of its development in the PRC. It focuses on the very complex interrelations & interactions between Party & state policies & measures, scholars' theoretical efforts & the development of civil & commercial law, especially the development of the institutions of legal personality & of property rights in the PRC. It also analyses the underlying influences of foreign legal systems & legal theories as well as the difficulties experienced by Chinese law makers & scholars in applying these theories. The book provides fresh insights into the role of law & the transformation of Chinese civil & commercial law, as now occurring in the PRC. The book is a valuable reference source for scholars who wish to explore the fascinating subject of the transformation of civil & commercial law in contemporary China.

Principles, Definitions and Model Rules of European Private Law

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Author :
Publisher : sellier. european law publ.
ISBN 13 : 3866530595
Total Pages : 406 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code

Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Place of Performance

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509936211
Total Pages : 288 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Place of Performance by : Chukwuma Okoli

Download or read book Place of Performance written by Chukwuma Okoli and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance in determining the applicable law in the absence of choice for commercial contracts. It also contains, inter alia, an analogy to matters of foreign country mandatory rules, and the coherence between jurisdiction and choice of law. It concludes by proposing a revised Article 4 of Rome I Regulation, which could be used as an international solution by legislators, judges, arbitrators and other stakeholders who wish to reform their choice of law rules.

Criminal Process in the Seventies

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Publisher :
ISBN 13 :
Total Pages : 992 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Criminal Process in the Seventies by : A. Kenneth Pye

Download or read book Criminal Process in the Seventies written by A. Kenneth Pye and published by . This book was released on 1977 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Canadian Law and Practice of International Trade with Particular Emphasis on Export and Import of Goods and Services

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Publisher :
ISBN 13 :
Total Pages : 568 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Canadian Law and Practice of International Trade with Particular Emphasis on Export and Import of Goods and Services by : Jean Gabriel Castel

Download or read book The Canadian Law and Practice of International Trade with Particular Emphasis on Export and Import of Goods and Services written by Jean Gabriel Castel and published by . This book was released on 1991 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Columbia Law Review

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Publisher :
ISBN 13 :
Total Pages : 774 pages
Book Rating : 4.:/5 (49 download)

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Book Synopsis Columbia Law Review by :

Download or read book Columbia Law Review written by and published by . This book was released on 1977 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Protection of Civilians

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Publisher : Oxford University Press
ISBN 13 : 019872926X
Total Pages : 497 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Protection of Civilians by : Haidi Willmot

Download or read book Protection of Civilians written by Haidi Willmot and published by Oxford University Press. This book was released on 2016 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of civilians which has been at the forefront of international discourse during recent years is explored through harnessing perspective from international law and international relations. Presenting the realities of diplomacy and mandate implementation in academic discourse.