The Foundation of Choice of Law

The Foundation of Choice of Law

Author: Sagi Peari

Publisher: Oxford University Press

ISBN: 9780190622312

Category: Law

Page: 304

View: 826

This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.

Law and Justice in a Multistate World: Essays in Honor of Arthur T. von Mehren

Law and Justice in a Multistate World: Essays in Honor of Arthur T. von Mehren

Author: James Nafziger

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004480568

Category: Law

Page: 900

View: 442

For over half a century Arthur T. von Mehren has been a luminary in the fields of comparative law, private international law, and legal education. Here, fifty-eight of the world's leading scholars and jurists honor his work and outstanding contributions to the advance of knowledge and reform. The volume is divided into four illuminating sections: Part I: Jurisdiction & Judgment Part II: Choice of Law Part III: International Arbitration Part IV: Comparative & European Law Published under the Transnational Publishers imprint.

Choice of Law

Choice of Law

Author: Dean Symeon C. Symeonides

Publisher: Oxford University Press

ISBN: 9780190496746

Category: Law

Page: 800

View: 516

Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.

The Foundations of International Investment Law

The Foundations of International Investment Law

Author: Zachary Douglas

Publisher: OUP Oxford

ISBN: 9780191508578

Category: Law

Page: 586

View: 605

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

Ristau's International Judicial Assistance

Ristau's International Judicial Assistance

Author: David W. Bowker

Publisher: Oxford University Press

ISBN: 9780199812714

Category: Law

Page: 345

View: 596

With increased cross-border disputes in civil and commercial matters across the globe, this edition gives practicing litigators an overview of the provision of mechanisms for international judicial assistance across different legal systems. Building on Ristau's classic multi-volume work, this book brings up-to-date background and practical guidance that today's practitioners need.

Lexicon of Trust & Foundation Practice

Lexicon of Trust & Foundation Practice

Author: John Goldsworth

Publisher: Lulu.com

ISBN: 9780957084315

Category: Trusts and trustees

Page: 406

View: 413

Lexicon of Trust & Foundation Practice provides essential support for trustees, trust advisers, private bankers, insurers, estate practitioners and all those who need to know the meanings and importance of words and expressions concerned with trusts, private foundations and asset planning vehicles.

Place of Performance

Place of Performance

Author: Chukwuma Okoli

Publisher: Bloomsbury Publishing

ISBN: 9781509936212

Category: Law

Page: 312

View: 682

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.

2001

2001

Author: Petar Sarcevic

Publisher: Walter de Gruyter

ISBN: 9783866537149

Category: Law

Page: 448

View: 451

With articles by Harry Duintjer Tebbens, David Goddard, Christoph Bernasconi, Bertrand Ancel and Frank Gerhard, Private International Law Issues in World War II Era Litigation, national reports from Germany and news from The Hague as well as texts, materials and recent developments.

2009

2009

Author: Andrea Bonomi

Publisher: Walter de Gruyter

ISBN: 9783866539174

Category: Law

Page: 647

View: 577

The current rich volume of the Yearbook attempts to strike a balance in the multifaceted expressions of the increasing importance of private international law at national and supranational levels. The vitality of private international law within the European Union is evidenced by both legislative projects and the rich case law of the European Court of Justice. While the European Commission's draft for a Regulation on succession - which probably constitutes the most detailed and ambitious attempt ever to codify PIL in this area - begins its legislative process, a new initiative on the application of foreign law is being considered by the European institutions. Both of these developments are discussed in the Doctrine section. But the newest Yearbook of PIL also examines interesting developments taking place on other continents. For example, the present volume includes a special section focusing on Chinese PIL and reports on the renewed interest with conflict of laws in the U.S. doctrine.

Rethinking Judicial Jurisdiction in Private International Law

Rethinking Judicial Jurisdiction in Private International Law

Author: Milana Karayanidi

Publisher: Bloomsbury Publishing

ISBN: 9781509924790

Category: Law

Page: 272

View: 334

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.

A Conflict of Laws Anthology

A Conflict of Laws Anthology

Author: Gene R. Shreve

Publisher: LexisNexis

ISBN: 9780327176343

Category: Law

Page: 379

View: 635

This anthology provides an introduction to the traditions, themes, and main arguments in the conflicts literature. A Conflict-of-Laws Anthology is systematic, comprehensive, and up-to-date. Over seventy selections present the work of leading conflicts scholars from Story and Beale to those writing today. The selections are carefully edited, systematically arranged by chapter and topic, and accompanied by Professor Shreve's meticulous commentary. The book also features numerous aids, including an extensive bibliography, an informative index, and a table of cases that will enable students to tie readings to conflicts course work.