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 book explores the broad range of legal, personal, social, political and historical foundations of international law. The book is a collective effort of qualified authors- law school deans and professors, national and international court judges, young and old international law scholars and government lawyers from varying legal cultures across the oceans of the world, representing diverse legal philosophical and corresponding practices bringing their stories to life, telling tales helpful for those well-acquainted with the issues. Although one book of Liber Amicorum cannot address all the important issues in the vast arena of international law, these essays provide a rich and lucid understanding of issues of modern public international and comparative law. The beauty of the book lies in the fact that the issues discussed in the compendium by the diverse authors though familiar to comparatists, are given perspectives different from the usual Euro-American centrist standpoint that dominated the current writings in international law. The collected essays will be found most useful as an informative tool in the discovery of progressive development of international law as well as in the study of comparative legal systems. *** The legal essays contained in this treatise on various important issues of public international and comparative law are interesting, well researched, and written from multi-disciplinary perspectives by very well-qualified legal scholars from different backgrounds and cultures of the world. All the authors are exceptionally knowledgeable and experts in their chosen fields. It is strongly urged that people should read these essays in order to fully appreciate the contributions of international legal scholars to world peace, international development, understanding and progress. Nothing can be more befitting in honoring Professor Dr. Christian Nwachukwu Okeke for his enormous contributions to the positive development of the legal academy nationally and internationally. Professor Dr. Emmanuel Omoh Esiemokhai Ph.D., Academic Chancellor, Bosas International Law Bureau, Abuja, Nigeria Chima Nweze's Contemporary Issues on Public International and Comparative Law: Essays in Honor of Professor Christian Nwachukwu Okeke, is a magisterial work of enormous scope and depth that brings together a diverse group of internationally distinguished authors from academia, government and private practice. The Liber Amicorum is impressive both in range of subject matter and quality of analysis and merits the attention of scholars and global policy makers. Ndiva Kofele Kale, Ph.D., J.D., Professor of Law, Southern Methodist University, Dedman School of Law, Dallas, Texas Professor C.N. Okeke is a very fine scholar in international law. He has taught the subject in Universities in Africa, Europe and the United States. In all these continents, he has made tremendous impact on students of the subject. I regard the essays as a useful epilogue to his successful career as a teacher and researcher of international law. I heartily recommend the essays to all that are interested in the study of international law. I have no doubt in my mind that the essays will provide a useful addition to the growing literature in international law. I commend the contributors for a worthy compendium.
This book is a unique and stylish reflection on the true value of comparative legal research. Arguing that the presumption of similarity that underlies much comparative legal research is dangerous and faulty, Grossfeld draws examples from the German and American legal systems to discuss legislation, private and public international law, domestic law, culture and law, geography and law, language and law, and religion and law.
This book is a true treasure trove of original research, incisive observations, and useful practical pointers. Written by an author who has read more than sixty thousand conflicts decisions in the last thirty years, the book skillfully guides American and foreign readers through the labyrinthine alleys of American choice-of-law litigation in the last twenty years and distills the resulting lessons for attorneys, academics, and lawmakers.
Throughout the book, there is extensive information about the law and practice of other mostly civil-law countries that provides an opportunity for instructive comparative discussion. One chapter is devoted to international conflict, and another chapter is focused on conflict in cyberspace.
Immunity rules are part and parcel of the law of international organizations. It has long been accepted that international organizations and their staff need to enjoy immunity from the jurisdiction of national courts. However, it is the application of these rules in practice that increasingly causes controversy. Claims against international organizations are brought before national courts by those who allegedly suffer from their activities. These can be both natural and legal persons such as companies. National courts, in particular lower courts, have often been less willing to recognize the immunity of the organization concerned than the organization’s founding fathers. Likewise, public opinion and legal writings frequently criticize international organizations for invoking their immunity and for the lack of adequate means of redress for claimants. It is against this background that an international conference was organized at Leiden University in June 2013. A number of highly qualified academics and practitioners gave presentations and prepared written contributions that are collected in this book. This book is published to celebrate the 10th anniversary of the International Organizations Law Review, in which these contributions have also been published (Vol. 10, issue 2, 2014).
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.
