Private International Law in South Africa
Private International Law in South Africa

Author: Elsabe Schoeman

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9789041151803

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The Authors. List of Abbreviations. General Introduction. Part I. General Principles (Choice-of-Law Technique). Chapter 1. Sources of PIL. Chapter 2. Connection. Chapter 3. Basic Terms. Part II. Rules of Choice of Law. Chapter 1. Persons. Chapter 2. Obligations. Chapter 3. Law of Property. Chapter 4. Intangible Property Rights. Chapter 5. Company Law. Chapter 6. Family Law. Chapter 7. Succession Law. Part III. Annex: International Civil Procedure (ICP). Chapter 1. Sources of ICP (National Law, International Conventions). Chapter 2. The Principle of Lex Fori. Chapter 3. National Jurisdiction. Chapter 4. International Jurisdiction. Chapter 5. Acceptability (Recognition) and Enforcement of Foreign Judgments. Selected Bibliography. Index.

Private International Law in Commonwealth Africa
Private International Law in Commonwealth Africa

Author: Richard Frimpong Oppong

Publisher: Cambridge University Press

Published: 2013-09-12

Total Pages: 559

ISBN-13: 0521199697

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A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.

Private International Law in Nigeria
Private International Law in Nigeria

Author: Chukwuma Okoli

Publisher: Bloomsbury Publishing

Published: 2020-06-11

Total Pages: 560

ISBN-13: 1509911146

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This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and legislators alike will find Private International Law in Nigeria an instructive and practical guide.

Optional Choice of Court Agreements in Private International Law
Optional Choice of Court Agreements in Private International Law

Author: Mary Keyes

Publisher: Springer Nature

Published: 2019-10-18

Total Pages: 528

ISBN-13: 3030239144

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This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.

Dugard's International Law
Dugard's International Law

Author: John Dugard

Publisher:

Published: 2019-01-07

Total Pages: 940

ISBN-13: 9781485128281

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This fifth edition of International Law: A South African Perspective is now titled Dugard's International Law: A South African Perspective, in recognition of the fact that this work is a continuation of the earlier editions written by John Dugard. The substance of the work has undergone major changes to take account of new developments both on the international legal scene and in South Africa. Dugard's International Law: A South African Perspective presents a South African perspective of international law. The basic principles of international law are described and examined with reference to the principal sources of international law. This examination, however, takes place within the context of South African law. South African state practice, judicial decisions and legislation on international law receive equal treatment with international law as it is practised and taught abroad. The present work is designed to assist judicial officers and practitioners, educate students, and guide diplomats in the intricacies of international law both at home in South Africa and abroad.

Blurry Boundaries of Public and Private International Law
Blurry Boundaries of Public and Private International Law

Author: Poomintr Sooksripaisarnkit

Publisher: Springer Nature

Published: 2022-02-23

Total Pages: 287

ISBN-13: 9811684804

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This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes—Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.

Private International Law, Art and Cultural Heritage
Private International Law, Art and Cultural Heritage

Author: Christa Roodt

Publisher: Edward Elgar Publishing

Published: 2015-04-30

Total Pages: 417

ISBN-13: 1781002169

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In this timely book Christa Roodt demonstrates how the structure and method of private international law can be applied in its expanding relationship with cultural heritage law. In particular, she explores the use of private international law in the co

International Law
International Law

Author: John Dugard

Publisher:

Published: 2011

Total Pages: 0

ISBN-13: 9780702186462

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With a unique focus on the South African experience, this is a comprehensive work on the rules and principles of international law and examines the ways in which they are applied within South Africa. This fourth edition considers both international and South African sources and provides an expanded focus on an array of topics, including secession, immunities of senior officials for international crimes, diplomatic protection, universal jurisdiction, the responsibility of international organizations, reservations to treaties, the Human Rights Council, the SADC Tribunal, the responsibility to protect, a review of Security Council action, self-defense against terrorism, the definition of aggression in the Statute of the International Criminal Court, the jurisprudence of the International Criminal Court, the African Court of Human Rights, and the protection of civilians in armed conflict.

Yearbook of Private International Law
Yearbook of Private International Law

Author: P. Sarcevic

Publisher: sellier. european law publ.

Published: 2006-06-30

Total Pages: 451

ISBN-13: 3935808607

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The Yearbook of Private International Law is published by Sellier. ELP in cooperation with the Swiss Institute of Comparative Law. This annual publication provides analysis and information on private international law developments world-wide. The editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, the Hague Academy, the United Nations Commission on International Trade Law (UNCITRAL), and the International Institute for the Unification of Private Law (UNIDROIT). The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners. Volume VII includes various topics, such as: Hague Convention of 30 June 2005 on Choice of Court Agreements -- General Problems of Private International Law in Modern Codifications-De Lege Lata and De Lege Europea Ferenda -- Maintenance in Private International Law in the United States -- What's New In Latin American Private International Law? -- International Subcontracting in EC Private International Law -- Recognition of Foreign Insolvency Proceedings -- National Reports from South Africa, Ukraine, Brazil, and Italy -- Case Law, Texts, Materials, and Recent Developments