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Author: Symeon Symeonides
Publisher: Kluwer Law International B.V.
Published: 2008-01-01
Total Pages: 372
ISBN-13: 9041127429
DOWNLOAD EBOOKThis book was originally published as a monograph in the International Encyclopaedia of Laws/Private International Law.
Author: Peter Hay
Publisher:
Published: 2017
Total Pages: 0
ISBN-13: 9781634593083
DOWNLOAD EBOOK•Chapter 6, concerning the impact of the Constitution, has been streamlined to enhance “teachability.” The 2016 opinion in franchise tax Board versus Hyatt is now included as a principal case. •Chapters 7 and 8 present the central themes of choice of law. Both have been updated substantially. Chapter 8 has been considerably revised to show the progression from the traditional system, to the height of the conflicts revolution, to a developing consensus to consolidate modern analysis in a manner that provides more predictability and certainty. This revision is designed to give students -- most of whom have little or no familiarity with choice of law doctrine -- a b.
Author: Verónica Ruiz Abou-Nigm
Publisher:
Published: 2021-05-26
Total Pages: 0
ISBN-13: 9781474447867
DOWNLOAD EBOOKBringing 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: Alex Mills
Publisher: Cambridge University Press
Published: 2009-07-02
Total Pages: 463
ISBN-13: 1139479733
DOWNLOAD EBOOKA 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.
Author: John Bassett Moore
Publisher:
Published: 1906
Total Pages: 828
ISBN-13:
DOWNLOAD EBOOKAuthor: Juan Pablo Scarfi
Publisher: Oxford University Press
Published: 2017
Total Pages: 281
ISBN-13: 0190622342
DOWNLOAD EBOOKThis book offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL).
Author: Malcolm Jorgensen
Publisher: Cambridge University Press
Published: 2020-01-02
Total Pages: 303
ISBN-13: 1108481434
DOWNLOAD EBOOKDemonstrates American legal policymakers hold competing conceptions of the 'international rule of law' structured by foreign policy ideologies.
Author: Sean D. Murphy
Publisher: Cambridge University Press
Published: 2011-06-30
Total Pages: 0
ISBN-13: 9780521299602
DOWNLOAD EBOOKThis survey draws upon the statements and actions of the executive, legislative and judicial branches of the U.S. government. Topics include diplomatic and consular relations, jurisdiction and immunities, state responsibility and liability, international organizations, international economic law and human rights. Containing extracts from hard-to-find documents, generous citations to relevant sources, tables of cases and treaties, and a detailed index, this essential tool for researchers and practitioners is the first in a series of similar volumes.
Author: Anthea Roberts
Publisher: Oxford University Press
Published: 2018
Total Pages: 641
ISBN-13: 0190697571
DOWNLOAD EBOOKExplains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
Author: Cedric Ryngaert
Publisher:
Published: 2015
Total Pages: 273
ISBN-13: 0199688516
DOWNLOAD EBOOKThis 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.
