Recueil Des Cours - Collected Courses, 1990-V
Recueil Des Cours - Collected Courses, 1990-V

Author: Académie de droit international de La Haye

Publisher: Martinus Nijhoff Publishers

Published: 1993-08-01

Total Pages: 422

ISBN-13: 9780792323174

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The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume containes: - Some Recent Developments in the Conflict of Laws of Succession by H.LI, Professor at the University of Peking. - The Iran--United States Claims Tribunal by N.C.BROWER, White & Case, Washington, D.C.; formerly Judge at the Iran--United States Claims Tribunal.

Recueil Des Cours, Collected Courses, 1968
Recueil Des Cours, Collected Courses, 1968

Author: Academie De Droit International De La Ha

Publisher: Martinus Nijhoff Publishers

Published: 1969

Total Pages: 748

ISBN-13: 9789028616127

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The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

General Principles of European Private International Law
General Principles of European Private International Law

Author: Stefan Leible

Publisher: Kluwer Law International B.V.

Published: 2016-02-22

Total Pages: 415

ISBN-13: 9041159649

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European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.