Private international law / Conflict of laws Books

Book SynopsisThis classic textbook provides a thorough overview of European private international law. It is essential reading for both practitioners and students of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores. Opening with foundational questions, the book clearly explains the subject’s central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters. Drawing on the author’s rich experience, the new edition retains the book’s hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.Table of Contents1. Introduction 2. The Core of European Private International Law: Jurisdiction 3. The Core of European Private International Law: Applicable Law – Contracts 4. The Core of European Private International Law: Applicable Law – Tort 5. The Insolvency Regulation 6. Free Movement of Establishment, Lex Societatis and Private International Law 7. Private International Law, Corporate Social Responsibility and Extraterritoriality

Read more less

Book SynopsisHow foreign law is established, and whether it must be relied upon at all, are central issues in private international law, with important implications in principle and in practice. Whether litigants are free to ignore the foreign elements in a dispute goes to the heart of the conflicts process, and without effective means to establish the content of foreign law the object of that process is undermined. The cost and unpredictability of establishing foreign law also have an important impact on litigation, affecting the parties'' choice of forum, and how cases are argued and decided. This book, the first detailed examination of the topic in English law, is an account of the pleading and proof of foreign law from an English perspective, which also places the law in a comparative context, and considers options for reform. It provides a practical guide to the subject, but also presents the conflicts process in a way which is both novel and illuminating. Recognized as the leading account ofTrade Reviewa most important contribution to a gradual approximation of common law and civil law approaches to the subject * Professor Erik Jayme, Professor of Law, University of Heidelberg and President of the Institut de Droit International *Oxford University Press are to be warmly congratulated on promoting a series of specialist monographs in Private International Law ... nearly 350 pages of balanced and detailed text ... As one would expect from Oxford University Press the work is handsomely produced with detailed footnotes containing full references to common law and civil law jurisdictions ... The volume will benefit any lawyer with a case involving foreign law ... this book can be read with profit and pleasure by all ... a timely, readable and absorbing book which is likely to become the specialist text on this particular topic ... this volume will be cited regularly in the courts and will find a place in all university law libraries. Mr Fentiman has made a valuable contribution to the literature of private international law with this specialist monograph. * Legal Update, 1999 ( reviewer not named) *This book is a much-needed addition to the slowly developing stock of modern, scholarly writings about the nature and theory of conflict laws from the English standpoint ... the work will be read with interest and enlightenment by academics and practitioners alike ... thanks to Fentiman, those curious to discover these matters can set about doing so, and at the same time they will be pleasantly surprised to discover some promising indications that the law is at last destined to enter upon a phase of reformulation in consequence of recent developments ... The ten chapters of Fentiman's book together provide a challenging, and tautly argued, account of the law that is properly critical of its illogical and absurd aspects ... a fascinating period of evolution is in prospect ... the current text provides ample inspiration, and intellectual sustenance, for those who aspire to play an active part in that process. * Ian Fletcher, The Law Quarterly Review, Vol 115, July 1999 *"A book of remarkable wealth", Horatia Muir Watt, Revue Critique - January-March 1999Any writer touching on English law owes a very great debt to Richard Fentiman. * James McComish, Melbourne University Law Review *This is a monograph of rare quality which will have a considerable impact on our understanding of its subject, and so both on teaching and practice. * David McLean, British Yearbook of International Law *Table of ContentsI INTRODUCTION ; II LEGAL RISK AND MULTISTATE TRANSACTIONS ; III THE LAWS GOVERNING MULTISTATE LITIGATION ; IV COMMENCING PROCEEDINGS ; V PREVENTING PROCEEDINGS ; VI RECOVERY AND ENFORCEMENT

Read more less

Book SynopsisThis book provides systematic analysis of the way in which The Hague Child Abduction Convention has been applied in England and Scotland, with reference also to the case law of Australia, Canada, France, New Zealand and the US. All the key provisions and terms of the Convention are explored.Trade ReviewWritten in a clear and elegant style, this monograph accomplishes its goals of presenting the convention in its practical and theoretical aspects, drawing on a broad spectrum of sources, both judicial and academic, in an international perspective. The Oxford series has set a very high standard, and Beaumont & McEleavy have certainly lived up to it. * McGill Law Journal *... valuable to anyone seeking clear and detailed explanations of how the convention actually works. * McGill Law Journal *... provides a timely examination of the theoretical and practical aspects of the Hague Convention. * McGill Law Journal *... a significant contribution to the literature on transborder child custody and the international community's response to it. * McGill Law Journal *This is a book of first class scholarship ... the authors offer thoughtful and incisive criticism on every topic. No one working in the area of international family law will want to be without this book. Anyone considering writing a legal commentary on an international convention would be wise to study what is a truly exemplary work. * International and Comparative Law Quarterly *The important Oxford Monographs in Private International Law series has recently been enriched by this book devoted to one of the most widely ratified Hague Conventions: the 1980 Convention on international child-kidnapping. * Revue Critique de Droit Internationale Privé *... this book provides a wealth of information from both the social and legal points of view ... this text should be a standard referencee work in regards to the Hague Convention on International Child Abduction. * Mediterranean Journal of Human Rights *Table of ContentsGeneral Editor's Preface ; Preface ; Table of Cases ; Table of Legislation ; Introduction ; Sociological Review and Analysis of International Child Abduction ; The Evolution of an International Convention: The Hague Model ; Aims ; Removal and Retention ; Rights of Custody ; Habitual residence ; Article 13(1)(a): Has the Dispossessed Parent Consented or Subsequently Acquiesced in the Removal or Retention? ; The Protection of Children where a return may result in Harm: Article 13(1)(b), Undertakings & Article 20 ; The Right of a Mature Minor to object to a Return: Article 13 ; Article 12(2): The Child is now settled in its New Environment ; Rights of Access ; Relationship of the Hague Convention with Other International Instruments ; Interpretation ; The Child Abduction Convention in Practice ; Conclusions ; Appendix 1: English and French Text of the Convention ; Appendix 2: Table of Ratifications and Accessions ; Appendix 3: Hague Convention Statistics ; Index

Read more less

Book SynopsisThe Conflict of Laws provides an introduction and analysis of the rules of private international law as they apply in England, describing the topic''s three distinct branches comprising the conflict of jurisdictions, the conflict of judgments, and the conflict of laws. The volume covers a broad range of topics, from examining different jurisdictions, the law applicable to contractual and non-contractual obligations, to the impact of foreign judgements and more.Following a significant period of uncertainty as depicted in the previous edition, this new fifth edition represents the subject as it has settled in the aftermath of the post-Brexit upheaval. It seeks to illustrate how the retained (or assimilated) EU law has been integrated into the overall structure of private international law as it evolved in common law, and to assess the extent to which the nature of the subject has been altered or otherwise affected by the Brexit changes.The areas in which reform or other development may b

Read more less

Book SynopsisThis clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely: (i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgments recognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed Hague Convention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and techniTrade ReviewThe preclusive effect of foreign judgments in international law is a veritable minefield for lawyers. But given the exponential rise in transnational litigation in recent years, it is a subject which more and more practitioners are having to come to grips with. This book promises to be a formidable weapon in the armoury of such practitioners. ... attempts to unravel many of the mysteries surrounding this branch of the law. * Journal of the Commonwealth Lawyers' Association 2001 *The series of Oxford monographs in private international law is producing some innovative titles, frequently in areas that have not been covered previously in texts of such depth. Dr Barnett's work is a welcome addition to the series, and is in many ways groundbreaking. ... deals with the complex questions which arise when the doctrines of res judicata and abuse of process are applied to foreign judgements. It will be a valuable addition to the library of the international commercial lawyer. * New Law Journal, 15 Feb 2002 *This is another excellent contribution to the Oxford Monographs in Private International Law. The academic community of private international lawyers, not to mention those in the real world of legal practice and judges, owe a debt of gratitude to Peter Carter QC for taking the initiative to found this series and to edit it. this is a very thoroughly researched book on a difficult topic that adds to our knowledge of the effects of foreign judgments. * Law Quarterly Review, 1 Apr 2002 *a welcome addition to the [Oxford monographs in private international law] series, and ... in many ways ground breaking ... It will be a valuable addition to the library of the international commercial lawyer. * Gavin McFarlane, New Law Journal, February 2002 *Table of ContentsI: INTRODUCTION ; II: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND AT COMMON LAW OR UNDER RELATED STATUTORY SCHEMES ; III: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND UNDER INTERNATIONAL CONVENTIONS ; IV: CONCLUSION

Read more less

Book SynopsisThe Study Group on a European Civil Code has taken the task of drafting common European principles for the important aspects of the law of obligations and for certain parts of the law of property in movables which are relevant for the functioning of the common market. This work seeks to advance the process of Europeanisation of private law.

Read more less

Book SynopsisThe Conflict of Laws in Intellectual Property (CLIP) Principles address issues of private law for disputes involving intellectual property rights. They were produced by a Max Planck Institute research project, in which the authors of this work were heavily involved. The Principles are intended to provide a model European framework to respond to the increasing need for guidance on the applicable law. They represent a significant body of work which will help to inform developing practice on applicable law and conflict throughout the field.This new work presents the Principles, alongside article-by-article commentary and notes, which analyse thoroughly the context of the rule within the Principles, as well as within the existing legal solutions at the national, European and international level. It also explores the policy considerations underlying the rule, enabling a better understanding of why the Principles adopt the solutions laid out in the rules. Useful references are provided to thTable of ContentsPART 1: PURPOSE AND SCOPE; PART 2: JURISDICTION; PART 3: APPLICABLE LAW; PART 4: RECOGNITION AND ENFORCEMENT

Read more less

Book SynopsisWith a particular focus on intellectual property, this work explores some of the key methodological and institutional issues affecting the development of European private law. Leading experts consider seven key topics, furthering understanding of the impact of Europeanization on the substance and quality of law, the process of law-making in a Europeanised system, and the requirements for a truly European legal order. The work begins by looking at the making of European Intellectual Property law, covering models of European harmonization, the pursuit of harmonization to date, and the creation of the European intellectual property courts. It goes on to examine the impact of European IP law, covering the impact of constitutional rights and values on intellectual property, the impact of general EU law on intellectual property, the relationship between European and national courts, and European legal methodology. Using intellectual property as a case study in private law Europeanization, the work generate insights of relevance and application within the fields of intellectual property and private law generally to help develop a European legal methodology.Trade ReviewThis edited collection is an excellent guide and read for those searching for the lore behind European IP. The ambition to explore IP as a case study in private law Europeanisation is unique and a real contribution to scholarship in Europe and elsewhere It further emphasizes the uniqueness of IP as an independent field for judicial enquiry and not merely as a species of property. This edited collection succeeds in offering a natural starting point for thinking about a common European legal method, and the form which such a method might and ought to take (p.23) It is not only a fascinating journey through the thoughts and wisdom of the leading experts that have contributed to the volume, but a real pioneering learning experience. * Lior Zemer, Radzyner School of Law, Interdisciplinary centre, Herzliya *The book offers an insightful approach to an area of EU law that remains relatively unexplored, although increasingly significant. The result is a thought-provoking book. Thanks to comprehensive theoretical analysis, intriguing perspective, and critical account of historical developments, and the Europeanization of Intellectual Property Law is a book for everyone interested in the future of EU intellectual property law and private law in general. * Stavroula Karapapa, Yearbook of European Law *Table of ContentsPART I: THE EUROPEANIZATION OF INTELLECTUAL PROPERTY LAW ; 1. Intellectual Property as a Case Study in Europeanization: Methodological Themes and Context ; 2. An Overview of European Harmonization Measures in Intellectual Property Law ; PART II: HARMONIZATION MODELS AND APPROACHES ; 3. The Europeanization of Patent Law: Towards a Competitive Model ; 4. Is Harmonization a Good Thinga The Case of the Copyright Acquis ; 5. The Europeanization of Trade Mark Law ; PART III: THE IMPACT OF GENERAL EU LAW ; 6. The Impact of General European Union Law on Industrial Property Law ; 7. The Balancing Impact of General European Union Law on European Intellectual Property Jurisprudence ; PART IV: THE IMPACT OF CONSTITUTIONAL RIGHTS AND VALUES ; 8. The European Fundamental Rights and Intellectual Property ; 9. Rhetoric and Reality: The Impact of Constitutional and Fundamental Rights on Intellectual Property Law, as Revealed in the World of Peer to Peer ; PART V: EUROPEAN AND NATIONAL COURTS ; 10. The Relationship between European and National Courts in Intellectual Property Law ; 11. Towards a Unified Patent Court in Europe ; 12. The Future of European Intellectual Property Courts: Intellectual Property and the European Judicial Architecture ; PART VI: TOWARDS A EUROPEAN LEGAL METHODOLOGY? ; 13. A Constitutionalised Doctrine of Precedent and the Marleasing Principle as Bases for a European Legal Methodology ; 14. Concluding Remarks: Postmodernism and Beyond

Read more less

Book SynopsisThe new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including coverage of the Recast Brussels I Regulation which came into force in 2015. The book is invaluable for the practitioner as well as being one of the leading students'' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law.It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by an expert team of academics, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections oTrade ReviewThis very well-established book needs no introduction. With contributions from an expanded team of private international law experts, the text covers almost all aspects of English private international law. Especially because it is the last edition on the English position immediately prior to Brexit, this latest edition is a most welcome product. ... It is an understatement to say that this is a huge research resource but being a huge research resource is also why it is so valuable to everyone. * Look Chan Ho, International Company and Commercial Law Review *Table of ContentsPART I: INTRODUCTION; PART II: PRELIMINARY TOPICS; PART III: JURISDICTION, FOREIGN JUDGMENTS AND AWARDS; PART IV: THE LAW OF OBLIGATIONS; PART V: FAMILY LAW; PART VI: THE LAW OF PROPERTY

Read more less

Book SynopsisFrom the very first negotiations of the International Covenant on Economic, Social and Cultural Rights half a century ago to the present day, socio-economic rights have often been regarded as less enforceable than civil and political rights. The right to adequate housing, even though protecting one of the most basic needs of human beings, has not escaped this classification. Despite its strong foundations in international, regional and domestic legislation, many people are still deprived of one or more of the different key elements that comprise adequate housing. How, then, can international human rights theory and case law be developed into effective vehicles at the domestic level? Rather than focusing merely on possibilities for individualized relief through the court system, The Right to Housing in Law and Society looks into more effective socio-economic rights realization by addressing both conceptual and practical stumbling blocks that hinder a more structural progress at the national level. The Flemish and Belgian housing legislation and policy are used to highlight the problems and illustrate the pathways here presented. While first and foremost legal in its approach, the book also offers a more sociological perspective on the functioning of the right to housing in practice. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers and students in the fields of international socio-economic rights law and human rights law more generally. Table of ContentsIntroduction1. International Acknowledgment of the Importance of Housing 2. Approach and Aims of the Book 3. The Belgian and Flemish Right to Housing as Illustration PART I An Effective Right to Housing: Beyond Legal-Technical Issues 1 Human Dignity: A Guiding Principle for a Stronger Right to Housing? 1. Exploring the Content of Human Dignity and Its Use in a Human Rights Context A. History of the Concept B. Human Dignity in a Human Rights Context 1) First Function: A Foundation for Human Rights 2) Second Function: A Value/Right to Protect and Guarantee C. The Added Value and Pitfalls of Using Human Dignity 1) As an Equivalent of Decent or Adequate Housing 2) As an Open-Ended Norm for Courts and Other Institutions a. A Driving Force for Other Rights b. The Other Side of the Coin: A Race to the Bottom? c. Subjective vs. Objective Dignity 4. Impact on Economic, Social and Cultural Rights and the Right to Housing A. Obligations of Result or Conduct? According to Private or International Law? B. A Recipe for Confusion 5. Towards Result-Oriented Obligations? A. The Right to Housing as an Obligation of Result B. A Result-Oriented Approach 6. Conclusion 5 Progressive Realization and Retrogressive Measures 1. Introduction 2. The Concept of Progressive Realization under Scrutiny: From a Housing Rights Perspective A. Progressiveness as a Flexibility Device B. Flexibility Does Not Equal Freedom of Obligations 1) Drittwirkung 2) Immediate Obligations 3) Minimum Core C. Focus on Progressiveness 3. Retrogressive Measures and Financial Constraints A. Origins in International Human Rights Law B. Justification of Retrogressive Measures in International Human Rights Law 1) Presumption of Impermissibility 2) More Leeway for Budgetary Concerns? 3) Connection between Article 2(1) and 4 ICESCR 4) Budgetary Concerns: The Position of the European Committee of Social Rights C. The Application in Belgian Case Law 1) A Broader Margin of Appreciation: No Presumption of Non-Retrogression 2) Practical Problems: Establishing Retrogression 3) A Different Application of the Principle: The Proportionality Test D. Appropriateness of Retrogressive Measures 4. Conclusion 6 Towards Result-Oriented Obligations 1. International Monitoring Techniques 2. Enforceability of Progressive Realization A. A Review Criterion B. Reasonableness 1) Different Scopes of Reasonableness 2) Reasonableness as Appropriateness a. A Preliminary Proposal b. Possible Criticism and Imperfections 3. Combining Monitoring and Reasonableness A. Overview of the Proposal B. Requirements and Areas of Concern 1) The Monitoring Body 2) Ex-Ante and Ex-Post Analysis: Practical Difficulties 3) Enforceability of Progress 5. Conclusion Conclusions Index

Read more less

Book Synopsis

Read more less

Book SynopsisProvides a selective analysis of the provisions of the CISG that have been applied in a 'critical mass' of court and arbitral decisions. The book, assessing the state of international sales law, is timely given the maturing state of CISG jurisprudence. Will be of interest to practitioners and scholars alike.Table of Contents1. Introduction; 2. CISG methodology and jurisprudence; 3. Formation: writing requirements; 4. Formation: offer and acceptance rules; 5. Obligations of buyers; 6. Obligations of sellers; 7. Common obligations of buyers and sellers; 8. Breach of contract by seller; 9. Breach of contract by buyer; 10. Damages, excuses, and preservation; 11. Summary and observations.

Read more less

Book SynopsisConstitutionalizing Criminal Law explains why the Supreme Court of Canada’s jurisprudence considering the constitutionality of criminal laws fails to strike a principled balance between the need to increase the coherency of the criminal law while maintaining the legitimacy of judicial review.Table of Contents1 Choosing among Rights2 Principles of Criminal Law Theory3 Principles of Instrumental Rationality4 Enumerated Principles of Criminal Justice5 A Normative Approach to Constitutionalizing Criminal Law6 Lessons from the Canadian ExperienceNotes; Bibliography; Index

Read more less

Book SynopsisMunicipal licensing serves a variety of regulatory purposes such as consumer protection and public health and safety. The municipal licensing power is delegated from the provincial government, up to the present, municipalities have been restricted to enumerated, specific powers, and the result has been the growth of a disorganized and unwieldy accumulation of bylaws, many of which conflict or are obsolete. The development of a two-tier system of municipal government, exemplified by Metropolitan Toronto, adds to the complexity of the issues. Basing their analysis upon municipal experience in Ontario, the authors envisage a reorganized system in which provincial and municipal powers will be exercised more rationally to deal with problems at the level at which they tend to occur.Municipal licensing in practice is the topic of a study of the cartage and taxicab industries in a number of Canadian and American cities. Comparisons of industry structure in differing regulatory enviro

Read more less

Book SynopsisRenmin Chinese Law Review, Volume 10 is the tenth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.Table of ContentsContents: 1 Juristic acts, public order and good morals 1 Dai Mengyong 2 Legal rhetoric as a technology to construct the social community 33 Li Sheng 3 Discovering the invisible facts: the use of social science knowledge in judicial practice 58 Zhang Jianyuan 4 Procuratorial organs in national governance system: organizational environment and legal theory structure 83 Liang Hongfei 5 On the diffraction effect of grassroots law enforcement: from the perspective of ecology 114 Liang Yongcheng 6 Introspection on the logic of theory of organizational control in criminal law 146 Yuan Guohe 7 Identification of terrorism in criminal law 171 Jian Kunyi 8 Clarification and application of necessity impeding liabilities: From the perspective of murder committed by female victims of domestic violence 197 Kui Jia 9 Private law interpretation of smart contracts 227 Wu Ye 10 The status and determination of ‘trademark use’ in trademark infringement 250 Lv Bingbin 11 The framework of equal protection analysis in America 278 Liu Jianlong Index

Read more less

Book SynopsisTrade Review‘This outstanding book provides a rigorous examination of the complex legal issues raised by the cross-border protection of trade secrets in today’s knowledge-based society. It is a unique contribution that will influence the future interpretation and application of European private international law rules in this field.’ -- Pedro De Miguel Asensio, Complutense University of Madrid, Spain'For anyone transferring technology into EU member states, this is an important book. To encourage innovation, the EU upgraded its substantive trade secrecy law. It did not, however, consider private international law. This book fills that gap with a thorough, learned, and highly readable discussion of jurisdiction and applicable law.' -- Rochelle Dreyfuss, New York University, US‘Trade secrets are still too often seen as ancillary to registered IP rights, whereas they are crucial in our borderless data-driven economy. This excellent study looks at how private international law deals with cross-border trade secret disputes. It does so in a clear and comprehensive manner. This is essential reading!’ -- Paul Torremans, University of Nottingham, UK‘How can lawyers prepare for cross-border trade secret disputes? Such cases require combined expertise in different areas, such as international commercial contracting, private international law and intellectual property law or related rights. This book facilitates this task by providing a comprehensive and clear analysis of the relevant rules in the European Union. It guides practitioners and scholars to reflect on how and where such cross-border trade secret disputes can be taken to courts, and how this specialized legal area could be better designed in the future.’ -- Marta Pertegás Sender, Maastricht University, the NetherlandsTable of ContentsContents: PART I THE FACTUAL, THEORETICAL AND SUBSTANTIVE LAW BACKGROUND. 1 Introduction to cross-border trade secret disputes 2 The factual and theoretical background to trade secret protection 3 The international framework for the protection of trade secrets 4 The protection of trade secrets in the European Union PART II TRADE SECRETS AND PRIVATE INTERNATIONAL LAW. 5 Characterisation in European private international law 6 The international private international law framework for trade secret protection 7 Jurisdiction over trade secret disputes in the European Union 8 The law applicable to trade secret disputes in the European Union 9 Overriding mandatory rules, public policy and non-excludable rules in the Trade Secret Directive 10 Conclusions on jurisdiction and applicable law with respect to cross-border trade secret disputes Index

Read more less

Book SynopsisTrade Review‘Comparative research is foundational for the understanding of foreign law and of one’s own law, for stimulating legal reform, for harmonizing laws. It may tackle entire legal orders or single issues. Moura Vicente chooses a middle course; in a systematic way he deals with the law of obligations (contracts, torts, restitution) covering a wide range of both common law and civil law systems. His international expertise witnessed by many comparative law publications in Portuguese, is now accessible to a broader community.’ -- Jürgen Basedow, Max Planck Institute for Foreign and International Private Law, GermanyTable of ContentsContents: I Introduction II Contracts III Unilateral legal transactions IV Non-contractual liability V Negotiorum gestio VI Unjust enrichment VII Main concepts of the Law of Obligations VIII The international harmonisation and unification of the Law of Obligations Index

Read more less

Book Synopsis

Read more less

Book SynopsisTaking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include coverage of new case-law from the Court of Justice of the European Union. Of particular importance has been a set of judgments on jurisdiction in tort for pure financial loss, many of which have involved investment loss. New case law from the English courts, including the Supreme Court, and from the Supreme Court of the United States, is also covered.Table of ContentsPart I. Starting Off: 1. Introduction; Part II. Jurisdiction; 2. Jurisdiction: an analysis; 3. Jurisdiction under EU law; 4. EU law: special jurisdiction; 5. EU Law: the problem of pure financial loss; 6. The traditional English rules; 7. US law: an outline; 8. Choice-of-court agreements; 9. Jurisdictional conflicts: the common-law approach; 10. Jurisdictional conflicts: the EU approach; 11. Special topic I: product liability; 12. Special topic II: defamation; Part III. Foreign Judgments: 13. Introduction to part III; 14. EU law; 15. English law: jurisdiction; 16. English law: defences; 17. US law: some highlights; Part IV. Procedure: 18. Freezing assets; 19. Obtaining evidence abroad: forum procedures; 20. Obtaining evidence abroad: international co-operation; Part V. Choice of Law: 21. Introduction to choice of law; 22. Torts; 23. Contracts: the principle of party autonomy; 24. Contracts: legal policy and choice of law; 25. The common-law countries: regulating business, protecting employees and helping consumers; 26. Foreign currency; 27. Property: tangible movables; 28. Contractual rights and property interests – I; 29. Contractual rights and property interests – II; 30. Contractual rights and property interests – III.

Read more less

Book SynopsisExpropriation is a hotly debated issue in international investment law. This book applies the insights of legal theory to analyse expropriation clauses in investment treaties, clarifying what expropriation is and how to apply the unspecific prescriptions in investment agreements.Trade Review'… the book shall certainly provide much food for thought, and it is the reviewer's opinion that the work could eventually achieve significant impact on the field of international investment law.' Gábor Hajdu, Austrian Journal of Public LawTable of Contents1. Introduction; 2. Customary international law; 3. Investment precedents; 4. Treaty interpretation; 5. Doctrinal scholarship; 6. The regulatory expropriation conundrum; 7. Expropriation: a new beginning; 8. Expropriation reconstructed.

Read more less

Book SynopsisThe Role of Business in the Responsibility to Protect closes the gap between research on the Responsibility to Protect and the private sector, as previous research has focused only on state responsibilities and state actors. This book examines in detail the developing research on the significant role that private sector actors can play in promoting peace and stability. Contributors to this volume explore the key arguments for where, why, and how private sector actors can contribute to the prevention and cessation of mass atrocity crimes; and how this can inform and extend the UN policy discussion around Responsibility to Protect. The contributors include lead voices in the Responsibility to Protect discourse as well as central voices in business and peace literature.Trade Review'In the past, predatory business practices have sometimes enabled crimes against humanity. This book identifies how some businesses have profited from human misery while also providing welcome examples of how the private sector can play a crucial role in undermining the politics of the machete and the mass grave. In doing so, this book broadens our understanding of the international community, of our collective responsibility to protect, and of how the private sector - whose wealth, resources and capacity can easily exceed those of failing or fragile states - can play a vital role in the prevention of mass atrocities.' Simon Adams, Global Centre for the Responsibility to Protect, The Graduate Center, City University of New York'That business can be an instrument in building peace has now been firmly recognized. Including the business sector in the Responsibility to Protect (R2P) debate seems only natural, having in mind the capacity of the business community to influence societal attitudes and structures. In this new book professor John Forrer and Conor Seyle make an important effort in putting this agenda forward.' Per L. Saxegaard, Founder and Chairman, Business for Peace Foundation'The private sector is an increasingly influential actor in global governance - the network of arrangements that ensure order, stability and predictability even in the absence of world government. Business can sustain and profiteer from group violence. But it also has important roles to play before, in and after armed conflicts in underwriting peace, stability and prosperity as the pathway to sustainable profits. One important role is to partner with other key actors in implementing the responsibility to protect populations at risk of mass atrocities. This invaluable collection of essays by leading experts systematically explains why, how and with what prospects.' Ramesh Thakur, Australian National University, Canberra, International Commission on Intervention and State Sovereignty (ICISS) Commissioner and Editor-in-Chief, Global Governance'This volume fills an important lacuna in the literature on how business relates to the responsibility to protect. The contributing authors offer practical and theoretical insights and examples that will be of interest to many on the ways the private sector can support (or undermine) the goals of the responsibility to protect.' Abi Williams, President, The Hague Institute for Global Justice'This book, with its focus on how business actors may contribute to the global Responsibility to Protect Agenda (R2P), pioneers a whole new agenda for research and policy formulation. In the process, the authors challenge our standard conceptions of both business and R2P.' Kristian Berg Harpviken, Director, Peace Research Institute Oslo (PRIO)Table of ContentsOverview: the role of business in R2P John Forrer and Conor Seyle; Introduction: the private sector, the United Nations, and the Responsibility to Protect Edward Luck; 1. Selling R2P: time for action Victor MacDiarmid and Tina Park; 2. Why not business? Tim Fort and Michelle Westermann-Behaylo; 3. Responsibility to protect trumps business as usual: how corporate leaders build heroism to face atrocities Alain Lemperuer and Rebecca Herrington; 4. The Responsibility to Protect, Inc. Jonas Claes; 5. The Kenyan private sector's role in mass atrocity prevention, cessation and recovery Patrick Obath and Victor Owuor; 6. R2P and the extractive industries Jill Shankleman; 7. Information technology, private actors, and the Responsibility to Protect Kirsten Martin; 8. Corporate responsibility to protect populations from mass atrocities Vesselin Popovski; 9. The private sector and atrocities prevention Alex Bellamy; 10. The way forward: discovering the shared interests between business and R2P John Forrer and Conor Seyle.

Read more less

Book SynopsisBringing 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.

Read more less

Book SynopsisThis volume provides ready access to a wide-ranging selection of materials on those areas of private law in which a foreign element may arise. It includes UK and Scottish statutes and statutory instruments, EU materials and International Conventions.

Read more less

Book SynopsisThis book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.Trade ReviewThe range, depth and originality of the analysis of complex and intricate aspects of party autonomy in applicable law make this a must read for anyone engaged in research in this field. -- Paul Beaumont, University of Aberdeen and Jonathan Harris, King’s College, LondonThe book, that is comparative throughout, thus offers a lot to both European private law and PIL experts. -- Jan M Smits * Maastricht European Private Law Institute Blog *Table of Contents1. Introduction 2. Selection of the Applicable Law by Contract 3. The Scope of Party Autonomy 4. Independence of the Choice of Law Contract 5. Regulating the Choice of Law Contract 6. Agreement to Choose the Applicable Law 7. Formation of the Choice of Law Contract 8. Validity of the Choice of Law Contract 9. Conclusion

Read more less

Book SynopsisThis substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.Trade ReviewThis book must feature prominently in any respectable private international law library. (Translated from the original French) -- Lukas Rass-Masson * Revue critique de droit international privé *This book is a valuable addition to a growing research and literature trend dedicated to analysing the way European private international law (EU PIL) instruments function across Member States... this book has all the necessary elements to become a reference work for scholars, practitioners, and EU and national policymakers interested in the area of European private international law. -- Elena Alina Ontanu * Common Market Law Review *A valuable addition to a growing research effort aimed at analyzing how the tools of European private international law work in all Member States. This book has all the necessary features to be a reference work for scholars, professionals, and policy makers in the EU and Member States interested in the field of European private international law. -- Apostolos Anthimos * Armenopoulos-Thessaloniki Bar Review (Bloomsbury translation) *Table of Contents1. Introduction: Research Aims and Methodology Paul Beaumont and Mihail Danov Part I: Shaping the Development of the Private International Law Framework 2. EU Competence to Legislate in the Area of Private International Law and Law Reforms at the EU Level Jan von Hein 3. An Analysis of the Effectiveness of the EU Institutions in Making and Interpreting EU Private International Law Regulations Burcu Yüksel 4. Unharmonised Procedural Rules: Is there a Case for Further Harmonisation at EU Level? Jonathan Fitchen Part II: Cross-border Litigation Pattern—Empirical Data and Analysis 5. Great Britain Paul Beaumont, Mihail Danov, Katarina Trimmings and Burcu Yüksel 6. Belgium Thalia Kruger and Eline Ulrix 7. Germany Jan von Hein and Hannah Dittmers 8. Italy Stefania Bariatti, Ilaria Viarengo, Francesca C Villata, Sara Bernasconi and Filippo Marchetti 9. Spain Carmen Otero García-Castrillón 10. Poland Agnieszka Frackowiak-Adamska, Agnieszka Guzewicz and Lukasz Petelski 11. Austria Florian Heindler and Bea Verschraegen 12. Bulgaria Teodora Tsenova and Anton Petrov 13. Croatia Ivana Kunda 14. Cyprus Nikitas E Hatzimihail 15. Czech Republic Monika Pauknerová, Marta Zavadilová and Jirí Grygar 16. Finland Gustaf Möller 17. France Horatia Muir Watt, Sabine Corneloup, Laurence Usunier, Didier Boden,Jeremy Heymann and David Sindres 18. Greece Aspasia Archontaki and Paata Simsive 19. Hungary Csongor István Nagy 20. Ireland Maebh Harding 21. Latvia Irena Kucina 22. Lithuania Kristina Praneviciene 23. Luxembourg Céline Camara 24. Malta Antoine G Cremona, Clement Mifsud-Bonnici and Calvin Calleja 25. The Netherlands Aukje Van Hoek, Ian Sumner and Cathalijne van der Plas 26. Portugal Elsa Dias Oliveira, João Gomes de Almeida, Eugénia Galvão Teles, Susana Maltez and Raquel Correia 27. Romania Ileana M Smeureanu, Lucian Ilie and Alexandra Ema Dobre 28. Slovakia Miroslava Vozáryová and Katarína Burdová 29. Slovenia Suzana Kraljic 30. Sweden Michael Bogdan and Ulf Maunsbach 31. Promoting Efficient Litigation? Stephen Dnes 32. Data Analysis: Important Issues to be Considered in a Cross-border Context Mihail Danov Part III: Litigating Cross-border Civil and Commercial Disputes—A Europe of Law and Justice 33. Cross-border Civil and Commercial Disputes Before the Court of Justice of the European Union Paul Beaumont and Burcu Yüksel 34. Legal Certainty and Predictability in the EUPILLAR Project’s Regulations: An Assessment Carmen Otero García-Castrillón 35. Effective Remedies in Cross-border Civil and Commercial Law Disputes: A Case for an Institutional Reform at EU Level Mihail Danov and Paul Beaumont 36. Cross-border Contract Litigation in the EU Zheng Sophia Tang 37. Cross-border Non-contractual Disputes: The Legislative Framework and Court Practice Michael Wilderspin 38. Litigating Cross-border Intellectual Property Disputes in the EU Private International Law Framework Paul Torremans 39. Private Enforcement of Competition Law Jonathan Fitchen 40. The Relationship Between Litigation and ADR: Evaluating the Effect of the EU PIL Framework on ADR/Settlements in Cross-border Cases Mihail Danov and Stefania Bariatti Part IV: Litigating Cross-border Family Law Disputes—A Europe of Law and Justice 41. Court of Justice of the European Union’s Case Law on Family Law Matters Under Brussels IIa and Maintenance Paul Beaumont and Katarina Trimmings 42. Habitual Residence: The Factors that Courts Consider Thalia Kruger 43. No Deal Better than a Bad Deal—Child Abduction and the Brussels IIa Regulation Agnieszka Frackowiak-Adamska 44. New (and Old) Problems for Maintenance Creditors Under the EU Maintenance Regulation Lara Walker 45. Mediation in EU Cross-border Family Law Ruth Lamont 46. Matrimonial Matters Under the Brussels IIa Regulation Katarina Trimmings Part V: Conclusion 47. Cross-border Litigation in Europe: Some Theoretical Issues and Some Practical Challenges Paul Beaumont, Mihail Danov, Katarina Trimmings and Burcu Yüksel

Read more less

Book SynopsisAs the world becomes smaller, family law is becoming truly global, giving rise to more and more questions for private international law. This book looks at the sensitive and complex question of child abduction, with a unique child rights perspective. Taking Islamic law as its case study, it delves into child abduction in key jurisdictions from Iran to Saudi Arabia and Libya to Pakistan. Rigorous doctrinal analysis is enhanced by empirical insights, namely interviews with abductees, parents and professionals. It is an excellent guide to a complicated field.Table of Contents1. Introduction I. Islamic Law Countries as a Focus II. The Abducted Child as a Focus III. A Children’s Rights-Based Approach IV. Methodological Approach Dataset Diversity of Islamic Law Countries The Limitations of this Methodology V. The Parameters and Overview of this Text 2. The Importance of Children’s Rights to the Regulation of Parental Child Abduction I. A Children’s Rights-Based Approach Requires the Hague Convention to be Interpreted as a Children’s Rights Instrument II. Embedding Children’s Rights to Correctly Apply the Hague Convention III. Morocco: A Case Study IV. Conclusion 3. In the Best Interests of the Abducted Child I. Introducing Samir, Yasmin, Jamal and Daniel II. The Principle of the Best Interests of the Child and the Law on Cross-Border Parental Abduction III. How the Domestic Islamic Law Framework Responds to Cases of Parental Child Abduction from the UK IV. How the Hague Regime Fares as an Alternative to Upholding the Article 3 CRC Right of Children Abducted to Islamic Law Countries V. Best Interests of the Child as a Rule of the Procedure VI. Conclusion 4. The Child’s Voice in Abduction Proceedings I. An Abducted Child’s Right to be Heard: Article 12 CRC II. A Child’s Right to Autonomy in Decision-Making: Islamic Court Proceedings III. A Child’s Right to Participate: Hague Proceedings IV. Conclusion 5. The Abducted Child’s Right to Non-Discrimination I. The Legal Framework on Non-Discrimination II. Gender Discrimination, Islamic Law and the Abducted Child: A Conceptual and Contextual Analysis III. The Challenge of Gender Discrimination in Cases of Parental Abduction IV. Solutions to Gender Discrimination in Parental Child Abduction Law V. How Will the Hague Convention Respond to the Cases of Miriam, Ryan and Aliyah? VI. Conclusion 6. Conclusion I. Does the Legislation Responding to Parental Abduction Uphold Children’s Rights? II. Does the Legislation Grant the Judiciary Discretion to Interpret Parental Abduction Law in a Manner Consistent With Children’s Rights? III. What Developments in the Law are Needed to Centralise the Rights of the Child in a Parental Abduction Context? IV. Future Implications of the Research: Child Abduction Law as a Living Instrument

Read more less

Book SynopsisOn the 27th of September 1968, the six EC Member States signed the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. 50 years later, the European Court of Justice and the Max Planck Institute Luxembourg organised an international conference on the major developments, achievements and challenges of the European law of civil procedure. This book brings together contributions written by members of the Court of Justice of the European Union, established academics and young researchers reflecting on the Brussels Regime. It offers insights on the dialogue between the Court of Justice and national courts on the interpretation of the European law of civil procedure and how it shaped the Europeanisation of private international law. Beyond this assessment of the past, the book offers some reflections on the future architecture of the European law of civil procedure and the suitability of the Brussels regime to the challenges of the current era. This will be read with interest by academics, practitioners and policy-makers.Table of ContentsSeminal Judgments (les Grands Arrets) in the Case Law of the European Court of Justice Burkhard Hess La confiance mutuelle, fondement et temoignage de la valeur de l’Union europeenne Camelia Toader De l’encadrement de l’ordre public procedural des Etats membres a l’ordre procedural autonome de l’Union Marek Safjan et Dominik Dusterhaus EU Private International Law: Consistency of the Scopes of Application and/or of the Solutions Maciej Szpunar Le « regime Bruxelles » dans le droit europeen de la procedure civile Marta Requejo Isidro The Shift from a Choice of Law-Centred Approach to a Civil Procedure Standpoint Sabine Corneloup The Contribution of ‘Brussels I’ to the Process of EU Integration: a True Trailblazer for the Europeanization and Constitutionalization of Private International Law Johan Meeusen The Application of the European Law of Civil Procedure in the Dialogue Between the CJEU and the National Judges Henrik Saugmandsgaard Oe The Dialogue on the European Law of Civil Procedure between the Court of Justice and National Courts from a German Perspective Wolfgang Hau European Civil Procedure and the Dialogue between National Courts and the European Court of Justice Xandra Kramer & Jos Hoevenaars L’autonomie procedurale dans la jurisprudence de la Cour de justice de l’Union europeenne – Reflexions naives d’un Huron au Palais du Kirchberg Loic Cadiet La Charte des droits fondamentaux et les nouvelles frontieres de l’autonomie procedurale des Etats membres L’exemple du droit europeen de la procedure civile Michail Vilaras The Brussels Convention: 50 Years of Contribution to European Integration Fausto Pocar Delendum est Forum Delicti? Towards the Jurisdictional Protection of the Alleged Victim in Cross-Border Torts Etienne Farnoux CJEU Case-Law and Forum Connexitatis: an Analysis of the Close Connection Criterion Lucilla Galanti Cross-border Collective Redress and the Jurisdictional Regime: Horizontal vs Sectoral Approach Cinzia Peraro Your Place? Mine? Or Theirs? A Legal and Policy-orientated Analysis of Jurisdiction in Cross-Border Collective Redress Stephanie Law Representative (Consumer) Collective Redress Decisions in the EU: Free Movement or Public Policy Obstacles? Janek Tomasz Nowak Casting the Net: Has the Court of Justice’s Approach to Online Torts Made the Brussels Framework Fit for the Internet Age? Tobias Lutzi Encoding Justice: A Quest for Facilitating Access to Justice by e-Handling of Cross-Border Litigation. The Example of the European Uniform Procedures Elena Alina Ontanu Trust, but Verify. Loss of Mutual Trust as a Ground for Non-Recognition in the Area of Freedom, Security and Justice. Example of the Judiciary Crisis in Poland Zuzanna Witek

Read more less

Book SynopsisThis book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments’ enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book’s comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.Table of Contents1. General Introduction I. Background of Study II. Research Problem III. Research Questions IV. Methodology V. Significance of the Study VI. Literature Review VII. Conceptual Clarification VIII. Structure of the Book PART I THEORETICAL FRAMEWORKS FOR JUDGMENTS RECOGNITION AND ENFORCEMENT 2. Recognition and Enforcement of Foreign Judgments: Theoretical Background I. Introduction II. Theoretical Bases for Enforcement of Foreign Judgments III. Conclusion 3. A Pragmatic Model for Recognition and Enforcement of Foreign Judgments I. Introduction II. Pragmatism as a Philosophical Thought III. Pragmatism as a Legal Theory IV. Legal Pragmatism Today V. Legal Pragmatism in Private International Law VI. A Pragmatic Approach to Recognition and Enforcement of Foreign Judgments VII. Conclusion PART II COMMONWEALTH MODEL LAW ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS 4. Foreign Judgments Enforcement in the Commonwealth I. Introduction II. The Commonwealth III. Civil Justice and Cooperation in the Commonwealth IV. The 1920 and 1933 Statutory Schemes V. Conclusion 5. Commonwealth Model Law I. Introduction II. Preliminaries III. Excluded Matters IV. International Jurisdiction V. Recognition, Enforcement and Defences VI. Other Sundry Matters VII. Conclusion PART III HAGUE CONVENTIONS 6. The Hague Judgments Project: Pre-2019 Attempts I. Introduction II. International Harmonisation of Foreign Judgments Laws III. HCPIL: History of the Hague Judgments Project IV. HCCA V. Conclusion 7. 2019 Hague Judgments Convention I. Introduction II. Pragmatism in the Negotiation of the Convention III. Scope and Exclusions IV. International Jurisdiction V. Refusal of Recognition VI. Other Sundry Matters VII. Has the Convention Met the Practical Needs of Litigants? VIII. Conclusion 8. Summary of Findings and Conclusion I. Summary II. Conclusion III. Contributions to Knowledge and Avenues for Further Research

Read more less

Book SynopsisThis book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.Trade ReviewLibrarians and lawyers, both novice and experienced, will appreciate this text. It can be considered a must-have for any practice dealing with environmental law and transboundary pollution issues. -- Laura Lemmens * Canadian Law Library Review *This book provides new research ideas and frameworks, manifests the complex and understated links between PrIL and international environmental law, and provides a sound conceptual basis for the dialogue between PubIL and PrIL in transboundary environmental pollution. Lawyers and academics who are exploring international environmental law and PrIL are sure to be interested in this book. -- Yu Chen * Social & Legal Studies *A very good overview, from a Canadian standpoint, of issues pertaining to transboundary pollution in private international law and constitutes a very useful array of comparative-law lessons for other jurisdictions. -- Eduardo Álvarez-Armas * Revue critique de droit international privé *Table of ContentsIntroduction I. Context II. A Study of Private International Law and Global Governance III. Scope of the Book IV. Objectives of the Book V. Structure of the Book PART 1 LIABILITY AND THE INTERSECTION OF PUBLIC AND PRIVATE INTERNATIONAL LAW 1. Liability for Transboundary Pollution in International Environmental Law I. State Responsibility, State Liability and Civil Liability A. Introduction to the Distinction between Responsibility and Liability B. State Responsibility C. State Liability D. Civil Liability II. The Duty to Ensure Prompt and Adequate Compensation A. Prompt and Adequate Compensation in International Law B. Future Development of the Duty to Ensure Prompt and Adequate Compensation III. Conclusion 2. Private International Law as Environmental Regulation I. Previous Work on Private International Law in Environmental Matters II. The Regulatory Function of Private International Law A. Private International Law as Obstacle? B. Private International Law as Regulation? III. Conclusion PART 2 TRANSBOUNDARY POLLUTION IN CANADIAN PRIVATE INTERNATIONAL LAW 3. Jurisdiction Over Transboundary Pollution I. International Environmental Law and the Approach of the ILC A. Jurisdiction in the ILC Principles on the Allocation of Loss B. Non-Discrimination and Equal Access C. Implementation of Equal Access in Canada D. Going beyond the ILC Principles on the Allocation of Loss II. Jurisdiction Over Transboundary Pollution in Canadian Private International Law A. Asserting Jurisdiction Over Transboundary Pollution B. Declining Jurisdiction Over Transboundary Pollution C. Enforcing Foreign Judgments against Local Polluters III. Conclusion 4. The Law Applicable to Transboundary Pollution I. International Environmental Law and the Approach of the ILC A. Choice of Law in the ILC Principles on the Allocation of Loss B. Non-Discrimination and Equal Remedy C. Implementation of Equal Remedy in Canada D. Going beyond the ILC Principles on the Allocation of Loss II. The Law Applicable to Transboundary Pollution in Canadian Private International Law A. Designating the Law Applicable to Transboundary Pollution B. Displacing the Applicable Law C. Extraterritorial Application of Statutory Causes of Action III. Conclusion Conclusion I. Conclusions of the Study II. Creatively Thinking about Liability for Transboundary Pollution

Read more less

Book SynopsisThis book is a one-stop reference to Hong Kong private international law. It provides clear expositions on questions of jurisdiction, choice of law, recognition and enforcement, transnational arbitration, and inter-regional and international harmonisation of Hong Kong conflict of laws. It covers a range of areas, including the law of obligations at common law and in equity, the law of real and personal property, intellectual property law, family law, company law, insolvency and bankruptcy law, competition law, and admiralty law. It includes discussions of cross-border dispute resolution, jurisdiction and choice of law clauses. The book focuses on the practical issues, emphasising the rapidly developing local jurisprudence of recent years. It also offers theoretical insights and suggestions for law reform when appropriate. Moreover, it systematically analyses conflict of laws issues arising out of inter-regional cases between Hong Kong on the one hand and Mainland China, Taiwan, and Macao on the other. The book will be indispensable to judges, practitioners, scholars, and students in Hong Kong, Greater China, Asia, and worldwide.

Read more less

Book SynopsisHow do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case? What should judges do if parties do not raise or disagree on the content of foreign law? This thematic volume in the Studies in Private International Law – Asia series analyses the treatment of foreign law before judicial authorities, that is, how the courts of Asian states deal with the proof of foreign law in court litigation involving cross-border elements. The individual chapters cover 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka, and India. The Introduction and Conclusion examine similarities and differences in the approaches taken by the 15 Asian states with a view to assessing the extent to which those approaches are consistent or different from each other. The book also puts forward suggestions for harmonising differing approaches, especially between Asian common law and civil law states. The book is a one-stop reference guide on the treatment of foreign law in Asia and will be indispensable to judges, practitioners, and scholars not just in Asia, but worldwide.Table of Contents1. Introduction, Kazuaki Nishioka (Chuo University, Japan) 2. China, Mingchao Fan (Shanghai Arbitration Commission, China), Dixin Deng (Shanghai Arbitration Commission, China), Ruian Guo (Shanghai Arbitration Commission, China), Chen Kuang (Shanghai Arbitration Commission, China), Siyang Ye (Shanghai Arbitration Commission, China) 3. Hong Kong, Wilson Lui (University of Hong Kong, Hong Kong) 4. Taiwan, Fuldien Li (Chinese Culture University, Taiwan), Chun-Liang Lai (Lai & Lai Law Firm, Taiwan), Felice (Fu-An) Lu (Point Law, California) 5. Japan, Kazuaki Nishioka (Chuo University, Japan), Michael Weber (University of Zurich, Switzerland) 6. South Korea, Sungjae Chun (Counsel at Netflix Services Korea, South Korea) 7. Singapore, Andreas Wehowsky (Schellenberg Wittmer, Switzerland), Alvin Tan (Schellenberg Wittmer, Singapore) 8. Malaysia, Wai Fung Teh (Lee Hishamuddin Allen & Gledhill, Malaysia) 9. Vietnam, Trinh Thi Hong Nguyen (Hue University, Vietnam), Trang Thi Quynh Bui (Hue University, Vietnam) 10. Cambodia, Nobumichi Teramura (University of Brunei Darussalam, Brunei) 11. Myanmar, Yuji Tsutsumi (TNY Legal, Japan), Kazuaki Nishioka (Chuo University, Japan) 12. Philippines, Lemuel Didulo Lopez (Royal Melbourne Institute of Technology University, Australia) 13. Indonesia, Afifah Kusumadara (Brawijaya University, Indonesia), Ida Susanti (Parahyangan Catholic University, Indonesia), Tiurma M. Pitta Allagan (Universitas Indonesia, Indonesia) 14. Thailand, Poomintr Sooksripaisarnkit (University of Tasmania, Australia), Krisda Saengcharoensap (Rangsit University, Thailand) 15. Sri Lanka, Ramesh Fernando (Counsel, Sri Lanka) 16. India, Sai Ramani Garimella (South Asian University, India) Wasiq Abass Dar (Jindal Global University, India) 17. Conclusion, Kazuaki Nishioka (Chuo University, Japan)

Read more less

Book SynopsisAdrian Mak is a Solicitor practising in Hong Kong and an Attorney in New York, USA.Ching Him Ho is a Barrister practising in Hong Kong.Anselmo Reyes is Guest Professor at the Law Faculty of Doshisha University in Kyoto, Japan, and an International Judge of the Singapore International Commercial Court.

Read more less

Book SynopsisThis book compares and explains the approaches taken by Asian courts when choice of forum clauses in international commercial contracts are challenged in litigation. It examines key common law jurisdictions (Singapore, Hong Kong, and Malaysia), civil law jurisdictions (China, Japan, and Indonesia), and hybrid jurisdictions (the Philippines). With Asia's ascent in cross-border trade and investment, alongside a corresponding increase in cross-border litigation, understanding how Asian courts address choice of forum clauses in international commercial contracts has never been more critical. Employing a comparative law method, the book identifies and explains the relief and remedies used by Asian courts in enforcing choice of forum clauses, analysing how their classification as either contractual or procedural in nature shapes judicial approaches. It further distinguishes choice of forum clauses from arbitration agreements and explores their interaction with other contractual provisions. Party autonomy as the parties' freedom to determine the contents of the choice of forum clause and the freedom to control the flow of litigation is also critically scrutinised. Furthermore, the book investigates the factors courts consider in resolving key choice of forum clause issues (ie, enforceability; specific relief to be granted; existence, validity, interpretation of choice of forum clauses; role of mandatory rules, public policy, and international interests) and explores the prospects for future development of this area of law in Asia. Crucially, the book highlights the unique approaches of Asian courts, while underscoring the differences and similarities among common law, civil law, and hybrid jurisdictions.

Read more less

Book SynopsisThis book provides a critical assessment of European private law, to suggest how it might develop in the future. It reflects on how its recent expansive period, heralding an ambitious future including a European Civil Code, came to an abrupt end. It suggests that development can still happen, albeit in a fragmented way and on a smaller scale. This is an insightful and ultimately hopeful analysis of what might lie ahead.

Read more less

Book SynopsisGlobalization is an extraordinary phenomenon affecting virtually everything in our lives. And it is imperative that we understand the operation of economic power in a globalized world if we are to address the most challenging issues our world is facing today, from climate change to world hunger and poverty. This revolutionary work rethinks globalization as a power system feeding from, and in competition with, the state system. Cutting across disciplines of law, politics and economics, it explores how multinational enterprises morphed into world political organisations with global reach and power, but without the corresponding responsibilities. In illuminating how the concentration of property rights within corporations has led to the rejection of democracy as an ineffective system of government and to the rise in inequality, Robé offers a clear pathway to a fairer and more sustainable power system.Table of ContentsGeneral Introduction; Part 1 ~ Property; Introduction to Part 1; The Meaning of Property; The Modern Constitutional Mode of Government; Sovereignty and Property; From Political Enterprise to the Modern State; The Mixing of Democracy and Despotism; Part 2 ~ Firms in the World Power System; Introduction to Part 2; Firms; The Features of Business Corporations; The Spreading of the Corporate System and Its Consequences; Coping with Firms; Towards a Sustainable World Power System.

Read more less