Restitution in Private International Law
Restitution in Private International Law

Author: Robert Stevens

Publisher:

Published: 2002

Total Pages: 300

ISBN-13: 9780198298434

DOWNLOAD EBOOK

This book is the first unified and in-depth assessment of the issues raised in private international law by the law of restitution, and includes coverage of restitutionary choice of law issues, such as subrogation, constructive trusts and claims for contribution. The unity and importance of the law of restitution in English domestic law is being increasingly recognized by academics, practitioners, and most importantly the courts. In recent years there have been a significant number of cases dealing with unjustified enrichment in private international law, including Baring Bros v Cunninghame D.C., and Re Polly Peck International plc. The focus of the book is on difficulties which might arise in practice, and it aims to assist practitioners dealing with issues which have not previously been treated at length: for example, in the case of money laundering, giving guidance to a commercial practitioner on which laws apply to a plaintiff's attempt to follow and trace the value of his money through a number of jurisdictions. The primary concern of the book is English private international law, however the domestic law of unjustified enrichment in other states is discussed in order to consider the problems conflicts between domestic laws can create. The jurisdictional and choice of law rules of other systems are also analyzed in comparison with English law.

Restitution in Private International Law
Restitution in Private International Law

Author: George Panagopoulos

Publisher: Hart Publishing

Published: 2000-11-10

Total Pages: 310

ISBN-13: 1841131423

DOWNLOAD EBOOK

Panagopoulos, a barrister practicing in London, begins with a summary of the English domestic law of restitution and reviews the classification of restitutionary claims. He then examines the differences among a variety of common law approaches to restitutionary issues, focusing on the US and UK. A final section analyzes jurisdiction in private international law, both under the Brussels Convention and the traditional common law rules of England. The legalistic language used in the book emphasizes that it was designed primarily for law professionals. Distributed by ISBS. c. Book News Inc.

Restitution in Private International Law
Restitution in Private International Law

Author: George Panagopoulos

Publisher:

Published: 2000

Total Pages: 310

ISBN-13: 9781472562180

DOWNLOAD EBOOK

This important new book fills a large gap in legal literature by examining restitution in private international law, including both the jurisdiction and choice of law questions facing restitutionary claims with international elements. The book begins with a brief summary of the English domestic law of restitution and highlights some of the issues which may arise. It goes on to examine classification, or characterisation of restitutionary claims. Restitution has a theoretical unity which enables the author to treat it essentially as a single issue for characterisation purposes. However, restitu.

Compensation and Restitution in Investor-State Arbitration
Compensation and Restitution in Investor-State Arbitration

Author: Borzu Sabahi

Publisher: OUP Oxford

Published: 2011-06-30

Total Pages: 280

ISBN-13: 019102158X

DOWNLOAD EBOOK

This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors.

Cheshire and North's Private International Law
Cheshire and North's Private International Law

Author: Peter Machin North

Publisher:

Published: 1999

Total Pages: 1212

ISBN-13:

DOWNLOAD EBOOK

The new edition has been substantially updated to offer an up-to-date and authoritative account of the law in this rapidly changing field. As well as general updating, the chapter on Torts has been completely rewritten and the growing importance of the law of restitution has led to the inclusion of a new separate chapter on the private international law aspects of this significant field of the law of obligations. The major developments in the law on jurisdiction and the recognition of foreign judgements have also been fully discussed.

The Law and Ethics of Restitution
The Law and Ethics of Restitution

Author: Ḥanokh Dagan

Publisher: Cambridge University Press

Published: 2004-08-12

Total Pages: 402

ISBN-13: 9780521829045

DOWNLOAD EBOOK

This 2004 book provides acomprehensive account of the American law of restitution.

Recueil des Cours, Collected Courses, 2001
Recueil des Cours, Collected Courses, 2001

Author: Academie de Droit International de la Haye

Publisher: Springer

Published: 2002-11-22

Total Pages: 468

ISBN-13: 9789041116093

DOWNLOAD EBOOK

"Professor Wojcieh W. Kowalski devotes his course to an analysis of the reasons justifying the distinction between cultural property and other types of property, and to the description of the principal features of the system that controls their restitution. In order to do this, Professor Kowalski explores the historical background of the concept of restitution of works of art as a legal institution. He then examines the restitution of stolen cultural objects, restitution of works of art looted in times of war, and finally private international law aspects of the restitution of works of art"--Publisher's description.