Private international law / Conflict of laws Books

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.

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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

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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

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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

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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.

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Book SynopsisThe recently recast Council Regulation No 2019/1111 (? Brussels II-ter? ), which came into force in August 2022, is the key EU family law Regulation. It governs jurisdiction, recognition and enforcement in matrimonial matters (principally divorce), matters of parental responsibility (principally, custody and access), and international child abduction.This book provides an in-depth discussion of this complex Regulation. Written by three renowned experts, this comprehensive analysis benefits from the collective scope of their experience and knowledge not only of their jurisdictions (Italy, Sweden and the UK) but also more generally of international family law and private international law. Brussels II-ter: Cross-border Marriage Dissolution, Parental Responsibility Disputes and Child Abduction in the EU provides not only a clear exposition of the Regulation? s provisions, but also supplies a critical evaluation of these, highlighting the undoubted improvements made by Brussels II-ter while simultaneously exploring its more problematic aspects. An exposition of the relationship between the EU and the UK following Brexit concludes this volume.

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Book SynopsisIm Kontext der Wirtschaftskrise wird die Wichtigkeit einer verantwortungsvollen und nachhaltigen Unternehmensführung und -überwachung der börsennotierten Aktiengesellschaften in der politischen und rechtlichen Diskussion immer wieder betont. Im Vordergrund steht die Forderung nach krisenfesten Corporate Governance-Prinzipien und wirksamen Kontroll- und Sanktionsmechanismen, wobei stets auf die richtige Balance zwischen Selbstregulierung des Kapitalmarktes und gesetzlicher bzw. staatlicher Regulierung geachtet werden soll. Dabei spielen die nationalen Corporate Governance-Kodizes als soft law -Mechanismen eine zentrale Rolle. Chloé Lignier untersucht die Gemeinsamkeiten und Konvergenzen der Referenz-Kodizes in Deutschland und Frankreich und hinterfragt die Möglichkeit einer Rechtsangleichung bzw. Rechtsvereinheitlichung. Ferner befasst sie sich mit den de lege lata bestehenden Rechtswirkungen eines Verstoßes gegen die Entsprechenserklärung in den deutschen und französischen Rechtsordnungen. Schließlich werden die Perspektiven de lege ferenda dargestellt und vor allem die Frage der Sanktionswürdigkeit eines Verstoßes gegen die Entsprechenserklärung diskutiert.

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Book SynopsisUnter dem Schlagwort der "Materialisierung" wird diskutiert, wie materiellrechtliche Sonderwertungen zugunsten der schwächeren Partei auf den Zivilprozess Einfluss nehmen. Besonderes Augenmerk liegt hier auf verbraucherschützenden Regelungen im weiteren Sinne, welche die Privatautonomie einschränken. Im Erkenntnisverfahren hat dies zur Folge, dass ohne prozessuale Rechtfertigung von Verfahrensgrundsätzen des Zivilprozessrechts wie dem Grundsatz des Beklagtengerichtsstandes und der Parteiherrschaft abgewichen wird. Anhand des ehemaligen Abzahlungsrechts, des Verbraucherrechts, des Versicherungsrechts, des Wohnraummietrechts und des Fernunterrichtsrechts untersucht Friederike Jurczyk den Status quo und die Bedeutung dieser Entwicklung. Anschließend setzt sie diese in Relation zu Forderungen nach mehr Verbraucherschutz im Zivilprozess und Neuerungen im Recht der alternativen Streitbeilegung.

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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

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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

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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.

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Book SynopsisDie Existenz nichtehelicher Lebensgemeinschaften in verschiedensten Formen in den westlichen Ländern ist ein unumstößliches Faktum. Mangels umfassender gesetzlicher Rahmenbedingungen besteht für diese Lebensgemeinschaften jedoch eine Fülle von Rechtsproblemen, so etwa bei der Auflösung der Lebensgemeinschaft durch Trennung oder Tod und bei nichtehelichen Kindern. Angesichts dieser Tatsachen darf sich der Gesetzgeber nicht länger der Lösung dieser Rechtsprobleme verschließen. Kernfrage hierbei bleibt, wie weit Regelungen greifen sollen, insbesondere in Hinblick darauf, dass eine Vielzahl der Menschen in nichtehelichen Lebensgemeinschaften sich gerade bewusst gegen eine enge Rechtsbeziehung entschieden hat. Eine mögliche künftige Regelung steht daher ganz zwischen zwei Polen: Dem Schutzbedürfnis der schwächeren Partei und der Kinder einerseits und der Privatautonomie andererseits. Zahlreiche Länder verfügen über sehr unterschiedliche Gesetze zu nichtehelichen Lebensgemeinschaften. Vor dem Hintergrund der langsamen, aber stetigen Heranbildung erster Strukturen eines "europäischen Familienrechts" können rechtsvergleichende Erfahrungen helfen, ein Modell für Deutschland zu entwickeln.

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Book SynopsisGeistiges Eigentum gewinnt stetig an Wert und Bedeutung. Zunehmend stellt sich daher auch die Frage, wie Geistiges Eigentum als Kreditsicherheit neue Finanzierungsmöglichkeiten für innovatives Unternehmertum eröffnen kann. Maximilian Decker geht dieser Frage zunächst im Rahmen der aktuellen deutschen Rechtslage nach und stellt dar, wie Immaterialgüterrechte und Lizenzen als Kreditsicherheit eingesetzt werden können. In einem zweiten Teil stellt er den UNCITRAL Legislative Guide on Secured Transactions und dessen immaterialgüterspezifischen Annex näher vor. Beide enthalten umfangreiche Vorschläge, wie nationale Kreditsicherungssysteme gerade auch im Hinblick auf den Einsatz Geistigen Eigentums optimiert werden könnten. Der Autor untersucht Möglichkeiten zur Reformierung des deutschen Kreditsicherungsrechts anhand dieser Empfehlungen und entwirft eigene Vorschläge für die insoweit notwendige insolvenzsichere Ausgestaltung von Lizenzen.

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Book SynopsisIn der europaweit geführten Diskussion über Verfahren des kollektiven Rechtsschutzes rücken anstelle der Sammelklagen zunehmend Instrumente der einvernehmlichen Streitbeilegung in den Mittelpunkt. Anstatt auf Anspruchsprüfung und Urteil sind Gruppenvergleichsverfahren ausschließlich auf den Abschluss eines gerichtlichen Vergleichs unter den zahlreichen Parteien ausgerichtet. Matthis Peter untersucht aus vergleichender Perspektive die Funktionsweise und die Wirksamkeit ausgewählter Gruppenvergleichsverfahren in den USA, den Niederlanden und Deutschland. Auf Basis der Länderberichte diskutiert er mit Blick auf einen schweizerischen Gesetzesentwurf einige Kernprobleme dieses relativ neuartigen Verfahrensansatzes.

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Book SynopsisAs in its first edition, this book traces the contours of select US common law doctrinal developments concerning international commercial arbitration. This new edition supplements the foundational work contained in the first edition in order to produce a broader and deeper work. The author explores how the US common law may help bridge cross-cultural legal differences by focusing on the need to address these contrasting approaches through the nomenclature and goal of securing equality between party-autonomy and arbitrator discretion in international commercial arbitration. This book thus focuses on the common law development of arbitrator immunity, as well as the precepts of party-initiative and autonomy forming part of the US common law discovery rubric that may contribute to promoting expediency, efficiency and transparency in international commercial arbitration proceedings. It does so by carefully analyzing, among other things, the International Bar Association (IBA) Rules on Evidence Gathering, the Prague Rules, and the role of 28 USC. 1782 in international arbitration.Trade Review'A thoughtful and provocative analysis of a very timely subject - replete with keen observations and original analysis.' Gary Born, Wilmer Cutler Pickering Hale and Dorr, LLP'The US law of international commercial arbitration has commonly been viewed as less than fully coherent. This is regrettable, given the great importance of US law in this field and its proper understanding, including from abroad. The first edition of The American Influence on International Commercial Arbitration admirably filled the gap, but galloping legal developments require a fresh account. Happily, with a second edition of the book, the gap remains once again admirably filled.' George Bermann, Columbia University, director, Center for International and Commercial Arbitration'Pedro J. Martinez-Fraga begins his masterful work on the United States' influence on international commercial arbitration with the original vision of arbitration suggested by Goya's painting 'Duel with Clubs' in the Museo del Prado. The idea that arbitration is as blunt an instrument for 'dispute settlement' as two men using deadly force against each other - admittedly efficient, expedient, and final - has, he says, been eclipsed by the recognition that arbitration has much in common with judicial proceedings. His book is an argument, driven by a careful examination of history, case law, and statute, that the actions and views of common law courts has had much to do with this change. His is general (and rare) defense of what some would decry, namely the 'Americanization' of international arbitration. Readers should welcome this new up-to-date edition. It continues to be a valuable contribution to a healthy, ongoing debate.' José E. Alvarez, Herbert and Rose Rubin Professor of International Law, New York University'Pedro J. Martinez-Fraga's second edition of The American Influence on International Commercial Arbitration is a must-have addition to one's collection of books on international arbitration. Its thoughtful analysis of the common law development of different aspects of international arbitration leads to a depth of understanding and appreciation of complex issues that regularly arise in the field. Whether or not one agrees with all of Mr. Martinez-Fraga's conclusions, his insightful and rigorous analyses ensure that time focused on reading this book is time well-spent.' Margaret L. Moses, Mary Ann G. McMorrow Professor of Law, Director of International Law and Practice Program, Loyola University Chicago'This is, unmistakably, the book of a scholarly pragmatist, for whom the promise of international arbitration still holds resonance and who identifies the threats to its legitimacy with accuracy and intelligence.' Sophie Nappert, Transnational Dispute ManagementTable of ContentsIntroduction; 1. The formation and transformation of the status of international and domestic arbitration in the United States; 2. Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi v. Soler: Crafting a level playing field; 3. Arbitrator immunity; 4. Procedural change and 28 USC § 1782: the taking of evidence v. common law discovery; 5. The new unorthodox conception of common law transparency in international arbitration through evidence gathering and orality; 6. 28 USC § 1782 and manifest disregard of the law: is avoiding one walking into the other?; 7. Perjury and arbitration: the honor system where the arbitrators have the honor and the parties have the system; 8. Developments in the apportionment of jurisdiction between arbitrators and courts concerning the validity of a contract containing an arbitration clause, and transformations regarding the severability doctrine; 9. US arbitration law and its dialogue with the New York Convention: the development of four issues; Conclusion; Appendices; Index.

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Book SynopsisTrust law has grown and developed over recent years through the continued ingenuity of practitioners and the provision of innovative new trust laws by offshore jurisdictions. The wealth managed through the medium of trust law has also changed in recent years, as increasingly it has come from the newly rich of Asia. This brings distinctive issues to the fore: the role of settlors, family members and trusted advisors in trust administration; the position of trustees in relation to instructions coming from such persons; and an increased desire for confidentiality in trust administration and the settlement of trust disputes. This collection focuses on trusts which are deliberately created to manage wealth and the concomitant issues such trusts raise in other areas of law. Essays from leading members of the judiciary, practitioners and academics explore these developments and their implications for the users of trust law and for society in general.Table of ContentsIntroduction Richard C. Nolan, Tang Hang Wu and Kelvin F. K. Low; Part I: 1. The role of the courts today in the administration of trusts Launcelot Henderson; 2. 'Breaking bad': settlors' reserved powers Lusina Ho and Harold Hsiao-Wo Lee; 3. Trustees and third party powers Richard C. Nolan; 4. Trust arbitration clauses Matthew Conaglen; 5. Massively discretionary trusts Lionel Smith; 6. Trustees, fiduciaries and fetters David Pollard; Part II: 7. Derivative actions on behalf of the trust: Beddoe orders for beneficiaries Tang Hang Wu; 8. The entitlements of objects as defining features of discretionary trusts Peter G. Turner; 9. The beneficiary's performance interest in a trust: AIB v. Redler and the march of the compensatory principle James Penner; 10. Compensatory remedies for breach of trust Paul S. Davies; 11. Tapping into trust assets for redistribution upon divorce in England and Wales Simone Wong; 12. The vulnerability of trusts in divorce Rebecca Lee; Part III: 13. Mapping client sophistication: critical enquiry or unnecessary distraction? Christopher Hare and Travers Smith; 14. Misrepresentation and rescission Kelry Loi; 15. The alternative Australian Trusts Act (Cth) David Chaikin and Eve Brown; 16. Non-charitable purpose trusts: the missing right to forego enforcement Kelvin F. K. Low; 17. Trusts in civil law environments – can civil law jurisdictions such as Liechtenstein deal with core issues of trust law? Francesco A. Schurr; 18. High net worth trusts in the 21st Century: confiscatory taxes and duties? Tony Molloy, QC.

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Book SynopsisPublicprivate partnerships (PPPs) play an increasingly prominent role in addressing global development challenges. United Nations agencies and other organizations are relying on PPPs to improve global health, facilitate access to scientific information, and encourage the diffusion of climate change technologies. For this reason, the 2030 Agenda for Sustainable Development highlights their centrality in the implementation of the Sustainable Development Goals (SDGs). At the same time, the intellectual property dimensions and implications of these efforts remain under-examined. Through selective case studies, this illuminating work contributes to a better understanding of the relationships between PPPs and intellectual property considered within a global knowledge governance framework, that includes innovation, capacity-building, technological learning, and diffusion. Linking global governance of knowledge via intellectual property to the SDGs, this is the first book to chart the activitiTrade Review'At a time in which prospects for normative and technical assistance initiatives to address access to public goods have been overwhelmed by new challenges arising from globalization, digitization, and the failure of multilateralism, this book offers a careful study of public-private partnerships (PPPs) in a variety of sectors, using case studies that offer guidance to policymakers, raise new questions for scholars, and, collectively, outline the contours of new pathways in the design and governance of PPPs, with a distinctive path to advancing access to knowledge and access to technology. The book is a should have - and a must read.' Ruth Okediji, Harvard Law School and the Berkman Klein Center, Massachusetts'This timely publication explores the complex linkages between the broad policy context defined by the Sustainable Development Goals (SDGs), and the concrete task of using the intellectual property (IP) system to forge practical partnerships that yield tangible results, examined through the lens of how IP rights are managed within a diverse selection of public-private partnerships. In distilling practical and policy insights from this rich vein of experience, and analysing equally diverse approaches to managing IP rights to leverage public benefit, this landmark volume opens up possibilities for a more nuanced, more grounded and more enabling understanding for policymakers of the complex roles and potential contributions of the IP system in efforts to achieve the SDGs; and it equally provides direct guidance for those engaged in the practical planning and management of knowledge-based programmes for sustainable development [and] marks a substantial advance towards the informed and empirically grounded inquiry.' Antony Taubman, World Trade Organization'This timely book covers a very important trio of topics, and is a 'must-read' for anyone interested in current issues relating to intellectual property and its broader social and developmental goals.' Edward Kwakwa, World Intellectual Property Organization'The twenty first century will be increasingly driven by the globalization of knowledge goods. How should intellectual property be governed in public–private partnerships if they are to comply with sustainable development goals? This impressive collection brings together concrete experiences to draw lessons for future directions in global governance of knowledge.' Sakiko Fukuda-Parr, The New School, New York'This book makes a long overdue contribution to the understanding of public–private partnerships (PPPs) and their role in global knowledge governance. PPPs are often found on the intersection of private intellectual property and public interest. Their variety is as plentiful as the views expressed in this book which makes it a must read for anyone interested in the question of whether PPPs address intellectual property and development challenges effectively or worsen them.' Ellen 't Hoen, Medicines Law and Policy and Global Health Unit, University of Groningen, The Netherlands'…offer[s] a fresh insight into one of the biggest issues we face today in global development challenges.' Elizabeth Robson Taylor, Phillip Taylor, The BarristerTable of ContentsIntroduction; 1. Charting the triple interface of public-private partnerships, global knowledge governance, and sustainable development goals Margaret Chon, Pedro Roffe and Ahmed Abdel-Latif; Part I. Public Health: 2. Public-private partnerships as models for new drug research and development: the future as now Frederick Abbott; 3. Driving innovation for global health through multi-stakeholder partnerships Anatole Krattiger, Thomas Bombelles and Ania Jedrusik; 4. Creating, managing, and advancing collaborations: the road to successful partnerships Katy M. Graef, Jennifer Dent and Amy Starr; 5. Patent pooling in public health Esteban Burrone; 6. Intellectual property in early-phase research public-private partnerships in the biomedical sector Hilde Stevens and Isabelle Huys; Part II. Education, ICT and Libraries: 7. A publisher perspective on a public-private partnership for access to biomedical information Jens Bammel; 8. A sustainable development agenda for the World Intellectual Property Organization: networked governance and public-private partnerships Sara Bannerman; 9. The Marrakesh Treaty, public-private partnerships, and access to copyrighted works by visually impaired persons Susan Isiko Štrba; 10. Intellectual property and public-private partner motivations: lessons from a digital library Melissa Levine; Part III. Green Technologies and Agriculture: 11. The rise of public-private partnerships in green technologies and intellectual property rights Ahmed Abdel-Latif; 12. Innovation law and policy choices for climate change-related public-private partnerships Joshua Sarnoff and Margaret Chon; 13. How do climate change and energy-related partnerships impact innovation and technology transfer? Ayşem Mert and Philipp Pattberg; 14. One size does not fit all: the role of the state and the private sector in the governing framework of geographical indications Irene Calboli and Delphine Marie-Vivienne; Part IV. Governance and Institutional Design Perspectives: 15. Public-private partnerships and technology sharing: existing models and future institutional designs Padmashree Gehl Sampath; 16. From the MDGs to the SDGs: cross-sector partnerships as avenues to development in the UN system David J. Maurrasse; 17. Sustainable development through a cross-regional research partnership Chidi Oguamanam and Jeremy De Beer; 18. Intellectual property, human rights and public-private partnerships Peter K. Yu; Conclusions; 19. The triple interface: findings and future directions Margaret Chon.

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Book SynopsisThe Politics of Justice in European Private Law intends to highlight the differences between the Member States'' concepts of social justice, which have developed historically, and the distinct European concept of access justice. Contrary to the emerging critique of Europe''s justice deficit in the aftermath of the Euro crisis, this book argues that beneath the larger picture of the Monetary Union, a more positive and more promising European concept of justice is developing. European access justice is thinner than national social justice, but access justice represents a distinct conception of justice nevertheless. Member States or nation states remain free to complement European access justice and bring to bear their own pattern of social justice.Trade Review'Maybe above all, the book highlights with great accuracy the open character and experimental nature of this 'laboratory' that constitutes the European legal order and the great singularity of its normative production.' Etienne Farnoux, Revue Critique de Droit International PrivéTable of ContentsPart I. The Awaking of the Social and its Transformation in England, France and Germany; Part II. Justice beyond the Nation State – the European Experiment; Part III. Considerations on the Post Classical Private Law; Part IV. Conclusions and Outlook.

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Book SynopsisThe Crisis behind the Euro-Crisis encourages dialogue among scholars across the social sciences in an attempt to challenge the narrative that regarded the Euro-crisis as an exceptional event. It is suggested instead that the Euro-crisis, along with the subsequent crises the EU has come to face, was merely symptomatic of deeper systemic cracks. This book''s aim is to uncover that hidden systemic crisis - the ''crisis behind the Euro-crisis''. Under this reading it emerges that what needs to be questioned is not only the allegedly purely economic character of the Euro-crisis, but, more fundamentally, its very classification as an ''emergency''. Instead, the Euro-crisis needs to be regarded as expressive of a chronic, dysfunctional, but ''normal'' condition of the EU. By following this line of analysis, this book illuminates not only the causes of contemporary turbulences in the European project, but perhaps the ''true'' nature of the EU itself.Table of ContentsIntroduction: the elephant in the room: a tale of crisis Eva Nanopoulos and Fotis Vergis; 1. There is no (legal) alternative: codifying economic ideology into law Ben Farrand and Marco Rizzi; Part I. The Crisis as a Crisis of the EU's Identity: 2. The roots of the European crisis: a historical perspective Charalambos Kouroundis; 3. The end of self-fulfilling Europe Hent Kalmo; 4. The authoritarian neoliberalism of the EU: legal form and international politico-economic sources Magnus Ryner; Part II. The Crisis as a Crisis of the EU's Political and Democratic Legitimacy: 5. Authoritarian liberalism: the conjuncture behind the crisis Michael Wilkinson; 6. The inherently undemocratic EU democracy: moving beyond the 'democratic deficit' debate Eva Nanopoulos and Fotis Vergis; 7. Europe and constituent powers: ruptures with the neoliberal consensus? Maria Tzanakopoulou; 8. 'Who's afraid of the European demos?': the uneasy relationship between the European Union and referendums Elia Alexiou; 9. Can public and voluntary acts of consent confer legitimacy on the EU? Ozlem Ulgen; Part III. The Crisis as a Crisis of the EU's Economic Model: 10. The fiscal compact: a paradoxical fiscal governance machine Vanessa Bilancetti; 11. The rise of unaccountable governance in the Eurozone Gunnar Beck; 12. Unification from above, its contradictions and the conjuncture initiated by the Eurozone crisis Christakis Georgiou; Part IV. The Crisis as a Crisis of the EU's Social Character: 13. A tale of two documents: the eclipse of the social democratic constitution Alan Bogg and K. D. Ewing; 14. How to analyse a supranational regime that nationalises social conflict? The European crisis, labour politics and methodological nationalism Roland Erne; 15. Which refugee crisis? On the proxy of the systemic Euro-crisis and its spatialities Dimitris Dalakoglou; Part V. Joining the Dots and the Way Forward: 16. The European crisis of economic liberalism: can the law help? Michelle Everson; 17. With time to prepare: planning an exit from the EMU Costas Lapavitsas; 18. Brexit and the imperial constitution of Europe Alex Callinicos; Conclusion Eva Nanopoulos and Fotis Vergis.

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Book SynopsisThis collection explores some of the many ways in which constitutional orders engage with, and are shaped by, their exteriors. Constitutional and legal theory often marginalize ''foreign'' elements, such as norms originating in other legal systems, the movement of individuals across borders, or the application of domestic law to foreign affairs. In The Double-Facing Constitution, these instances of boundary crossing lie at the heart of an alternative understanding of constitutions as permeable membranes, through which norms can and sometimes must travel. Constitutional orders are facing both inwards and outwards - and the outside world influences their interiors just as much as their internal orders help shape their surroundings. Different essays discuss the theoretical and historical foundations of this view (grounded in Kelsen, Hobbes, Locke, Rousseau and others), and its contemporary relevance for areas as diverse as migration law, the conflict of laws, and foreign relations law.Table of Contents1. Introduction Jacco Bomhoff, David Dyzenhaus and Thomas Poole; Part I. Theoretical Foundations: 2. The Janus-faced constitution David Dyzenhaus; 3. The idea of the federative Thomas Poole; 4. Hobbes's Janus-faced sovereign Theodore Christov; 5. Jurisprudential reflections on cosmopolitan law Evan Fox-Decent; 6. From republican self-love to cosmopolitan amour-propre: Europe's new constitutional experience Alexander Somek; Part II. Border Crossings: Comity and Mobility: 7. The spectre of comity Karen Knop; 8. Constitutionalism and mobility: expulsion and escape among partial constitutions Jacco Bomhoff; 9. The inside out constitution Audrey Macklin; 10. The constitution in the shadow of the immigration state Asha Kaushal; Part III. The Foreign in Foreign Relations Law: 11. Double-facing administrative law: state prerogatives, cities and foreign affairs Geneviève Cartier; 12. The democratic challenge to foreign relations law in transatlantic perspective Helmut Philipp Aust; 13. The double-facing foreign relations function of the executive and its self-enforcing obligation to comply with international law Campbell McLachlan; 14. The various faces of fundamental rights Dieter Grimm; Index.

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Book SynopsisIn 1956, ICJ judge Philip Jessup highlighted the gaps between private and public international law and the need to adapt the law to border-crossing problems. Today, sixty years later, we still ask what role transnational law can play in a deeply divided, post-colonial world, where multinationals hold more power and more assets than many nation states. In searching for suitable answers to pressing legal problems such as climate change law, security, poverty and inequality, questions of representation, enforcement, accountability and legitimacy become newly entangled. As public and private, domestic and international actors compete for regulatory authority, spaces for political legitimacy have become fragmented and the state''s exclusivist claim to be law''s harbinger and place of origin under attack. Against this background, transnational law emerges as a conceptual framework and method laboratory for a critical reflection on the forms, fora and processes of law making and law contestation today.Trade Review'This volume brings together leading international scholars - from various mainstream as well as critical and interdisciplinary perspectives - to explore the historical and contemporary normative frameworks, public and private actors, and contested power relations in the ever-expanding field of transnational law. Drawing upon the ground-breaking contributions of Philip Jessup in the wake of WWII, the volume points to the innovations of current scholarship that analyze transborder legal processes as collective and discursive practice. Since many aspects of transnational law are largely unregulated by state governments, the volume rightly asks to what degree does transnational law contribute to today's crises of democratic governance? Given what is at stake, the volume is essential reading for scholars and practitioners grappling with the increasing complexities of transnational legal formations in the twenty-first century.' Eve Darian-Smith, University of California, Irvine'From Jessup's first insights on transnational law, itself situated somewhere between the public and private international legal varieties, emerges the riddle of the 'in-between': inter-legalities, inter-normativities, inter-textualities. Further questions arise: How do we understand law beyond the state, across geographical and disciplinary boundaries, if not as a motley assemblage of claims to legitimacy, soft and hard, crossing and muddling familiar boundaries, aspiring to both global and subnational validity? What exactly is being globalized as law today? What epistemologies are available in order to capture its transformations? This stimulating collection of very diverse 'multi-dimensional' viewpoints from around the world - by pragmatists, pluralists, feminists, post-colonialists, comparatists, historians … - engages a wide selection of topics, including data flows, arbitration, sports law, environmental regulation, dispute resolution, family, and others - through an equally ample range of conceptual and, indeed, emotional registers - comity, cooperation but also the drama, the unseen, the darker legacy … - to enrich our legal imaginaries.' Horatia Muir Watt, Ecole de droit, Sciences-po, Paris'Jessup magisterially named a phenomenon that promises to saturate the world – the magnetic pull of law towards arrays of problems whose solution extends beyond the state. The seemingly endless proliferation of actual and aspirant legal orders in the transnational demands precisely the relentlessly creative, critical and constructive reflections in this timely volume. It is all here – transnational law as texts and institutions, form and function, drama and symbol, emotion and reason, fact and value, as it confronts food security, global sustainability, terrorism, sport and the family, and much else. No mere jurists' playground, this book presses legal scholars into lively conversation with social scientists who also grapple with law's insatiable reach to problem-solving worldwide. Many Lives is a singular achievement and worthy of searching reflection by scholars and transnational lawmakers alike.' Terence C. Halliday, American Bar Foundation'Transnational Law is more than and different from Public International Law. This idea encompasses a whole world of facts, of instruments and of thoughts. Over the past sixty years, Transnational Law has ventured far beyond the circles of international lawyers as it continues to resonate with efforts in political science, theory and philosophy to conceptualize political order and democratic legitimacy across the nation-state's boundaries. The gift of writings presented here to Jessup and to the legal community at the 60th anniversary of the first publication of 'Transnational Law' sketches and revisits this history and idea in a truly congenial way – dense, thoughtful, and inspiring.' Stefan Grundmann, European University Institute, Florence and Humboldt-Universität zu BerlinTable of ContentsIntroduction: transnational law, with and beyond Jessup Peer Zumbansen; Part I. Transnational Law: The Public and the Private: 1. Jessup at the United Nations: international legacy, transnational possibilities Stephen Minas; 2. The concept of a global legal system Christopher A. Whytock; 3. How comity makes transnationalism work Thomas Schultz and Niccolò Ridi; Part II. Transnational Law as Regulatory Governance: 4. Aiding and abetting in theorising the increasing softification of the international normative order – a darker legacy of Jessup's transnational law? Karsten Nowrot; 5. From international law to transnational law, from transnational law to transnational legal orders Gregory Shaffer and Carlos Coye; 6. Transnational law in the Pacific Century: mapping pesticide regulation in China Francis Snyder, Zhouke Hu and Lili Ni; 7. Transnational law in context: the relevance of Jessup's analysis for the study of 'international' arbitration Florian Grisel; 8. Transnational Law and Adjudication – Domestic, International and Foreign Intersections Bryan Horrigan; 9. Transnational Law and Global Dispute Resolution Shahla Ali; 10. Conflicts of law and the challenge of transnational data flows Paul Schiff Berman; 11. What lex sportiva tells you about transnational law Antoine Duval; 12. Family law: a blindspot Ivana Isailovic; Part III. Transnational Law: The Field's Normative Stakes: 13. Locating private transnational authority in the global political economy A. Claire Cutler; 14. Transnational law as drama Jothie Rajah; 15. Transnational law as unseen law Natasha Affolder; 16. The Cri De Jessup sixty years later: transnational law's intangible objects and abstracted frameworks Larry Catá Backer; 17. The private life of transnational law: reading Jessup from the postcolony Prabhakar Singh; 18. After the backlash: a new pride for transnational law? Ralf Michaels; Part IV. Conclusion: Epilogue – difficulties for every solution: defining transnational law at the edge of transdisciplinarity Vik Kanwar.

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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

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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

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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

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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

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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

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Book SynopsisThis collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law – legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey – have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.Table of ContentsForeword Preface List of Contributors Table of Cases Table of Legislation 1. Penn v Lord Baltimore, Paul Mitchell (University College London, UK) 2. Peninsular and Oriental Steam Navigation Co v Shand and Lloyd v Guibert (1865), Adrian Briggs (University of Oxford, UK) 3. Bell v Kennedy (1868) and Udny v Udny (1869), Elizabeth Crawford (University of Glasgow, UK) and Janeen Carruthers (University of Glasgow, UK) 4. Godard v Grey and Schibsby v Westenholz (1870), Joshua Folkard (Twenty Essex, UK) and Ian Bergson (Fountain Court Chambers, UK) 5. Phillips v Eyre (1870), Uglješa Grušic (University College London, UK) and Alex Mills (University College London, UK) 6. Abouloff v Oppenheimer (1882), Louise Merrett (University of Cambridge, UK) 7. AM Luther Co v James Sagor & Co (1921), Sir David Foxton (King’s Bench Division, UK) 8. Government of India v Taylor (1955), Alexander Layton KC (Twenty Essex, UK) 9. Taczanowska v Taczanowski (1957), Máire Ní Shúilleabháin (University College Dublin, Ireland) 10. The Eleftheria (1969), William Day (3 Verulam Buildings, UK) 11. Spiliada Maritime Corp v Cansulex Ltd (The Spiliada) (1987), Edwin Peel (University of Oxford, UK) 12. Societe Nationale Industrielle Aerospatiale v Lee Kui Jak (1987), Trevor Hartley (London School of Economics, UK) 13. Morguard Investments Ltd v De Savoye (1990), Stephen Pitel (Western Law, Canada) 14. Akai Ptd Ltd v The People’s Insurance Company Ltd (1996), Mary Keyes (Griffith University, Australia) 15. Canada Trust Co v Stolzenberg (No 2) (1998), Pippa Rogerson (University of Cambridge, UK) 16. Fiona Trust & Holding Corp v Privalov (2007), Sir Marcus Smith (Chancery Division, UK) 17. Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb (2020), David Joseph KC (Essex Court Chambers, UK) 18. Brownlie v Four Seasons Holdings Inc (2017) and Brownlie v FS Cairo (Nile Plaza) LLC (2021), Benjamin Phelps (2 Temple Gardens, UK) 19. Future Landmarks: Scanning the Horizon, Andrew Dickinson (University of Oxford, UK)

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Book SynopsisThis book looks at the question of extending the reach of the Brussels Ia Regulation to defendants not domiciled in an EU Member State. The Regulation, the centrepiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation. To provide a basis for the discussion of its possible extension, this volume takes a closer look at the national rules that currently govern the question of jurisdiction over non-EU defendants in each Member State through 17 national reports. The insights gained from them are summarised in a comparative report and critically discussed in further contributions, which look at the question both from a European and from a wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers.Table of ContentsI Foreword II Jurisdiction over Non-EU Defendants in the Laws of the Member States 1. Comparative Report 2. National Reports III Extending the Regulation? 1. The EU Perspective 2. The Lugano Perspective 3. The Global Perspective

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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.

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