Rethinking Judicial Jurisdiction In Private International Law PDF Download
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| Author | : Milana Karayanidi |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 272 |
| Release | : 2020-02-20 |
| Genre | : Law |
| ISBN | : 1509924795 |
Download Rethinking Judicial Jurisdiction in Private International Law Book in PDF, ePub and Kindle
This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests. The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.
| Author | : Milana Karayanidi |
| Publisher | : |
| Total Pages | : 271 |
| Release | : 2020 |
| Genre | : Conflict of laws |
| ISBN | : 9781509924806 |
Download Rethinking Judicial Jurisdiction in Private International Law Book in PDF, ePub and Kindle
| Author | : Charles Sampford |
| Publisher | : Routledge |
| Total Pages | : 359 |
| Release | : 2016-04-08 |
| Genre | : Law |
| ISBN | : 1317064127 |
Download Rethinking International Law and Justice Book in PDF, ePub and Kindle
General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.
| Author | : Veronica Ruiz Abou-Nigm |
| Publisher | : Edinburgh University Press |
| Total Pages | : 416 |
| Release | : 2019-08-21 |
| Genre | : Law |
| ISBN | : 1474447872 |
Download Diversity and Integration in Private International Law Book in PDF, ePub and Kindle
Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.
| Author | : Cedric Ryngaert |
| Publisher | : |
| Total Pages | : 273 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 0199688516 |
Download Jurisdiction in International Law Book in PDF, ePub and Kindle
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
| Author | : Sam Muller |
| Publisher | : Torkel Opsahl Academic EPublisher |
| Total Pages | : 528 |
| Release | : 2012-10-31 |
| Genre | : Law |
| ISBN | : 8293081805 |
Download The Law of the Future and the Future of Law Book in PDF, ePub and Kindle
Rights of robots, a closer collaboration between law and the health sector, the relation between justice and development - these are some of the topics covered in The Law of the Future and the Future of Law: Volume II. The central question is: how will law evolve in the coming years? This book gives you a rich array of visions on current legal trends. The readable think pieces offer indications of law's cutting edge. The book brings new material that is not available in the first volume of The Law of the Future and the Future of Law, published in June 2011. Among the authors in this volume are William Twining (Emeritus Quain Professor of Jurisprudence, University College London), David Eagleman (Director, Initiative on Neuroscience and Law), Hassane Cisse (Deputy General Counsel, The World Bank), Gabrielle Marceau (Counsellor, World Trade Organisation), Benjamin Odoki (Chief Justice, Republic of Uganda), Martijn W. Scheltema (Attorney at law, Pels Rijcken and Droogleever Fortuijn), Austin Onuoha (Founder, The Africa Centre for Corporate Responsibility), Lokke Moerel (Partner, De Brauw Blackstone Westbroek), S.I. Strong (Senior Fellow, Center for the Study of Dispute Resolution), Jan M. Smits (Chair of European Private Law, Maastricht University).
| Author | : Laura Ervo |
| Publisher | : Springer Nature |
| Total Pages | : 311 |
| Release | : 2021-08-01 |
| Genre | : Law |
| ISBN | : 3030748510 |
Download Rethinking Nordic Courts Book in PDF, ePub and Kindle
This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.
| Author | : Alex Mills |
| Publisher | : Cambridge University Press |
| Total Pages | : 595 |
| Release | : 2018-08-16 |
| Genre | : Law |
| ISBN | : 1107079179 |
Download Party Autonomy in Private International Law Book in PDF, ePub and Kindle
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
| Author | : Oxford Editor |
| Publisher | : |
| Total Pages | : 1392 |
| Release | : 2021-03 |
| Genre | : |
| ISBN | : 9780198840107 |
Download Choice of Law in International Commercial Contracts Book in PDF, ePub and Kindle
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.
| Author | : Gilles Cuniberti |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 256 |
| Release | : 2017-05-26 |
| Genre | : LAW |
| ISBN | : 1786432404 |
Download Rethinking International Commercial Arbitration Book in PDF, ePub and Kindle
Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.
