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Clarkson And Hill S Conflict Of Laws

Author : Jonathan Hill
ISBN : 9780198732297
Genre :
File Size : 71.99 MB
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The fifth edition of Clarkson & Hill's Conflict of Laws provides a clear and up-to-date account of the private international law topics covered at undergraduate level. Theoretical issues and fundamental principles are introduced in the first chapter and expanded upon in later chapters. Basic principles of the conflict of laws are presented in an approachable style, offering clarity on complex points and terminology without over-simplification. The fifth edition reflects the field's changing focus from case law to domestic and European legislation, incorporating the Brussels I Regulation and Brussels II Revised Regulation, as well as the more recent Rome Regulations and Brussels I Recast. Embracing this reorientation of the field and increased emphasis on the recognition and enforcement of judgments, the authors provide detailed commentary on the most important commercial topics as well as the most relevant topics in family law. Written in a succinct and engaging style, Clarkson & Hill's Conflict of Laws continues to provide clear analysis of the key areas of debate across jurisdictions.

The Conflict Of Laws

Author : Christopher M. V. Clarkson
ISBN : 9780199574711
Genre : Law
File Size : 47.89 MB
Format : PDF, ePub
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This fourth edition covers traditional and new topics taught on international law courses, reflecting the profound changes that the subject has undergone in recent decades. Focusing on key principles in an engaging and approachable style, this text is essential for international law students.
Category: Law

Jaffey On The Conflict Of Laws

Author : Christopher M. V. Clarkson
ISBN : 0406942870
Genre : Conflict of law
File Size : 20.65 MB
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The conflict of laws has undergone fundamental changes in recent decades. Much of the subject is now dominated by domestic legislation and international conventions and, from a practical point of view, the core is now to be found in the areas of jurisdiction and the recognition and enforcement of foreign judgments.
Category: Conflict of law

Cross Border Internet Dispute Resolution

Author : Julia Hörnle
ISBN : 9780521896207
Genre : Law
File Size : 83.60 MB
Format : PDF, ePub, Docs
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This book examines how existing arbitration procedures can be adapted to cope with disputes stemming from internet transactions.
Category: Law

Private International Law As Component Of The Law Of The Forum

Author : Michael Bogdan
ISBN : 9789004226340
Genre : Law
File Size : 64.91 MB
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In spite of the undoubtedly great and rising importance of the international legislative co-operation regarding private international law, it must be remembered that no successful unification or harmonization of conflict rules has ever taken place on the universal level, and that the conflict rules stemming from international legislative co-operation between a limited number of countries give rise to the same problems as non-harmonized rules, whenever they have to be used in relation to countries not participating in the legislative co-operation in question. This book will therefore focus on the last-mentioned problems and refrain from dealing with the particular issues arising from international legislative co-operation in the field of private international law. One of the principal aims of Michael Bogdan is to demonstrate the relationship between the national rules of private international law and the rest of the legal system of the forum country, in the first place its substantive private law and its law of civil procedure, as well as to illustrate the impact of the forum country’s general ethical and other values on its private international law.
Category: Law

Jurisdiction And Arbitration Clauses In Maritime Transport Documents

Author : Felix Sparka
ISBN : 9783642102226
Genre : Law
File Size : 86.45 MB
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Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.
Category: Law

Electronic Consumer Contracts In The Conflict Of Laws

Author : Zheng Sophia Tang
ISBN : 9781847315335
Genre : Law
File Size : 20.4 MB
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The application of private international law to electronic consumer contracts raises new, complex, and controversial questions. It is new because consumer protection was not a private international law concern until very recently and e-commerce only became an important commercial activity within the last ten years. E-consumer contracts generate original questions which have not been considered under traditional private international law theories. It is complex because it has to deal both with difficulties raised by consumer contracts and the challenges of e-commerce. Reasonable resolutions to consumer contracts may prove inappropriate in e-commerce, while effective approaches to resolving private international law problems in e-commerce may be improper for consumer contracts. It is controversial because it concerns the conflicting interests of consumers and businesses in a fast-moving commercial environment - a fair balance is therefore hard to achieve. Without proper solutions provided by private international law, consumers will not be confident about purchasing online, and businesses will face unreasonable risk and participation costs in e-commerce. Updated and properly designed private international law rules are essential to the further development of e-commerce. This book aims to provide an answer to the urgent requirement for legal certainty, security and justice in e-consumer contracts. It is primarily concerned with existing approaches to jurisdiction and choice of law issues in e-consumer contracts in the European Community and England, but some typical approaches in other jurisdictions are also examined. Based on the analysis and the comparative study of the existing law, the book seeks to provide a proposal as to what the law should be in order to provide certainty to both parties, to provide reasonable protection to consumers, and to promote the development of e-commerce.
Category: Law

International Commercial Litigation

Author : Trevor C. Hartley
ISBN : 9781139480741
Genre : Law
File Size : 23.52 MB
Format : PDF
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This carefully structured, practice-orientated textbook provides everything the law student needs to know about international commercial litigation. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into litigation in English courts. Three important themes of the book analyse how the international element may call into question the power of the court to hear the case, whether it should exercise this power, whether foreign law applies, and whether the court should take into account any foreign judgement. Hartley provides the reader with extracts from leading cases and relevant legislation, together with an extensive reference library of further reading for those who wish to explore the topic in more detail, making this a valuable, single-source textbook. The title will benefit from a companion website, setting out all relevant case law developments for the students.
Category: Law

Concise Commentary On The Rome I Regulation

Author : Franco Ferrari
ISBN : 9781108759977
Genre : Law
File Size : 61.11 MB
Format : PDF
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This book offers an updated article-by-article commentary of the Rome I Regulation, applicable in the courts of nearly all European countries to identify the law applicable to international contracts. The commentary is authored by an international group of academics and practitioners, who all have practical experience with international contracts and, thus, were able to focus on the needs of practice. This volume will be not only a reference guide for judges and practitioners alike, but also a crucial resource for academics and researchers.
Category: Law

Restitution In Private International Law

Author : George Panagopoulos
ISBN : 9781847312259
Genre : Law
File Size : 69.43 MB
Format : PDF, Kindle
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This important new book fills a large gap in legal literature by examining restitution in private international law,including both the jurisdiction and choice of law questions facing restitutionary claims with international elements. The book begins with a brief summary of the English domestic law of restitution and highlights some of the issues which may arise. It goes on to examine classification, or characterisation of restitutionary claims.. Restitution has a theoretical unity which enables the author to treat it essentially as a single issue for characterisation purposes. However, restitutionary claims arise in the context of contracts and wrongs; they may be at law or in equity; they may give rise to personal or proprietary remedies, whilst they may be contingent on tracing. Each of these contexts is analysed separately for the purposes of characterisation. The central part of the book examines the choice of law rule for restitutionary issues, and reviews the different approaches adopted in the US and UK and in other parts of the common law world. After weighing the merits of the different approaches the author adopts a choice of law rule for restitutionary issues which is the proper law of the unjust factor. Depending on whether the unjust factor is event-based or law-based, the choice of law rule will focus on either the law of the place, or alternatively, the legal system with which the unjust factor has its closest and most real connection. Jurisdiction is an area of increasing importance in private international law and the book provides a thorough analysis of the topic of jurisdiction for restitutionary claims, both under the Brussels Convention as well as the traditional common law rules contained in the Civil Procedure Rules. This is an important and timely new work for all lawyers interested in restitution, private international law and international commercial litigation.
Category: Law