Private international law / Conflict of laws Books

Book Synopsis

Read more less

Book SynopsisInstallment 44 includes the following: Volume II – The Legal Systems of the World, their Comparisons and Unification; Edited by René David. Contents: Chapter 4 - Comparative Law (200 pp.) - Mathias Reimann; The article presents an overview of comparative law as the discipline stands in 2020. Addressing itself to the non-specialist, it covers the field’s major areas, explains its principal goals and uses, and outlines its established approaches and methods.Table of ContentsI. Introduction and Overview A. Comparative Law Defined B. Four Dimensions of the Discipline – Describing, Comparing, Mapping, and Tracing Law C. Three Pervasive Questions List of Principal Works II. The Relationship with Other Disciplines A. Comparative Law and other “International” Subjects B. Comparative Law and “Social Science” Approaches to Law C. In Conclusion: Between Independence and Interdisciplinarity List of Principal Works III. The Development of the Discipline A. Comparative Studies Before 1800 B. The Nineteenth-Century Foundations of Comparative Law C. The First Half of the Twentieth Century D. From World War II to the Fall of the Wall E. The 1990s and Beyond F. In Conclusion: Major Accomplishments and the Loss of A Clear Definition List of Principal Works IV. The Coverage of Comparative Law A. Legal Systems of the World B. Elements of Legal Systems C. Areas of Law 109 D. In Conclusion: Proliferation and its Price V. Goals And Uses of Comparative Law A. Traditional Academic Goals B. Traditional Practical Uses C. Modern Additions D. In Conclusion: The Strength and Downside of Goal Pluralism List of Principal Works VI. Orientations, Approaches, and Methods A. Basic Orientations B. General Approaches C. Specific Methods D. In Conclusion: A Mixed Methodological Record List of Principal Works VII. Twenty-First-Century Challenges A. Adjusting to the “Age of Information” B. Coming to Grips with Global Legal Pluralism C. Acknowledging Political Implications and Responsibility List of Principal Works VIII. A Summary and Final Critique

Read more less

Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to crypto-assets, cryptocurrencies, crypto derivatives, stablecoins, Central Bank Digital Currencies and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights, secured transactions, smart contracts and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH) UNIDROIT.

Read more less

Book SynopsisNobody doubts the significant role of corporations being not only a primary legal and social, but also economic, form of involvement of the multitude as one party in civil and business turnover, which traditionally presents high risks. The European Union has long fixed its eyes on perspectives of its economic and political rise, which may also be stimulated by support of the cross-border activity of corporations suited to the dimensions of the single market. As may be read between the lines of numerous legal acts of the European Union, the dynamic and expanding single market requires rational legal forms, models, and institutions to be introduced by the relevant legal instruments. One of these instruments is the Council Regulation (EC) No 2157/2001 of 8 October 2001, on the Statute for a European company (SE). In line with a new concept of a legal person to be freed from subjection solely to the national legislation of the Member States, it gives rise to a separate subject of law, which is a European company (Societas Europaea or SE). By means of direct application throughout Europe, leaving aside the problem of transposition of the European Union rules into national law of the Member States, this act is drafted to pave the way for the legal certainty in carrying out a cross-border corporate activity and its restructuring based on a new legal framework, ensuring continuity of the corporate existence. But has the Council of the European Union given the nationals of the European Union the legal form that was expected and desired? How does the legal status of a European company differ from the one indigenous to a national corporation, composed initially of the very same persons? Are there changes in private international law regulation with respect to the formal enlargement of the definition of a corporation inherent to this legal act? Finally, does the enactment of this Council Regulation mean that national corporate law was fully discovered and exploited, and that the idea of a national corporation will soon perish? This book provides the answer to these and other issues.

Read more less

Book SynopsisThis title includes scholarly legal texts dedicated to Tibor Varady, in honor of his seventieth birthday. While focusing on international private law and international arbitration, the essays also address the questions of constitutional law and legal philosophy. State-of-the-art contributions, covering a wide scope from the practical analysis of American arbitration policy and the position of the USA vis-a-vis international law, through the latest developments in German legal practice, to theoretical issues of jurisdiction. Especially rich is the volume in exploring the legal dimension of the European integration process. Tibor Varady is Professor at the Legal Studies Department of the Central European University in Budapest, and Chairman of the International Business Law Program. Member of the Hague Permanent Court of Arbitration, Varady served as Minister of Justice of Serbia in 1992-1993.Table of ContentsGreeting from the Rector Acknowledgments Tibor Varady-Introduction JOHN J. BARCELA": Expanded Judicial Review of Awards After Hall Street and in Comparative Perspective DAVID J. BEDERMAN: Tibor Varady's Advocacy Before the International Court of Justice PETER BEHRENS: From Real SeatA" to Legal SeatA": Germany's Private International Company Law Revolution L SZLA" BURI N: The Impact of Community Law on the Determination of the Personal Law of Companies RICHARD M. BUXBAUM: Public Law, Ordre Public and Arbitration: A Procedural Scenario and a Suggestion RICHARD D. FREER: Forging American Arbitration Policy: Judicial Interpretation of the Federal Arbitration Act GUY HAARSCHER: The Decline of Free Thinking ATTILA HARMATHY: Questions of Arbitration and the Case Law of the European Court of Justice PETER HAY: Recognition of a Recognition Judgment Within the European Union: Double ExequaturA" and the Public Policy Barrier L SZLA" KECSKAeS: European Union Legislation and Private International Law: A View from Hungary J NOS KIS: Constitutional Democracy: Outline of a Defense FERENC M DL: The European Dream and its Evolution in the Architecture of the Treaties of Integration VLADIMIR PAVIĆ: 'Non-Signatories' and the Long Arm of Arbitral Jurisdiction HANS-ERIC RASMUSSEN-BONNE: The Pendulum Swings Back: The Cooperative Approach of German Courts to International Service of Process KURT SIEHR: Internationale Schiedsgerichtsbarkeit uber Kulturgutstreitigkeiten LAJOS VAeK S: About the Rome II Regulation: The European Unification of the Conflict Rules to Torts JOHAN D. VAN DER VYVER: The United States and the Jurisprudence of International Tribunals Bibliography of Tibor Varady List of Authors

Read more less