THE COMPARATIVE EVOLUTION OF PRINCIPLES OF THE CONFLICT OF LAWS IN ENGLAND AND THE U S A

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Nineteenth Century Perspectives On Private International Law

Author : Roxana Banu
ISBN : 9780192551740
Genre : Law
File Size : 64.77 MB
Format : PDF
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Private International Law is often criticized for failing to curb private power in the transnational realm. The field appears disinterested or powerless in addressing global economic and social inequality. Scholars have frequently blamed this failure on the separation between private and public international law at the end of the nineteenth century and on private international law's increasing alignment with private law. Through a contextual historical analysis, Roxana Banu questions these premises. By reviewing a broad range of scholarship from six jurisdictions (the United States, France, Germany, the United Kingdom, Italy, and the Netherlands) she shows that far from injecting an impetus for social justice, the alignment between private and public international law introduced much of private international law's formalism and neutrality. She also uncovers various nineteenth century private law theories that portrayed a social, relationally constituted image of the transnational agent, thus contesting both individualistic and state-centric premises for regulating cross-border inter-personal relations. Overall, this study argues that the inherited shortcomings of contemporary private international law stem more from the incorporation of nineteenth century theories of sovereignty and state rights than from theoretical premises of private law. In turn, by reconsidering the relational premises of the nineteenth century private law perspectives discussed in this book, Banu contends that private international law could take centre stage in efforts to increase social and economic equality by fostering individual agency and social responsibility in the transnational realm.
Category: Law

Canadian Conflict Of Laws

Author : Jean Gabriel Castel
ISBN : 0409821284
Genre : Conflict of laws
File Size : 60.41 MB
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Category: Conflict of laws

Conflict Of Laws

Author : Jean Gabriel Castel
ISBN : HARVARD:32044057384703
Genre : Canada - International (droit) privé
File Size : 74.54 MB
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Category: Canada - International (droit) privé

Conflict Of Laws

Author : Eugene F. Scoles
ISBN : STANFORD:36105044553332
Genre : Conflict of laws
File Size : 27.33 MB
Format : PDF, Kindle
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The Subject Defined and Overview; The Development and Current State of Conflict-of-Laws Theories; Determining the Applicable Law; Domicile; Jurisdiction -- Preliminary Considerations and Overview; Jurisdiction Over Things (In Rem); Jurisdiction Quasi in Rem; Personal Jurisdiction; Jurisdiction Over Business Associations; Jurisdiction to Affect Matters Outside the Forum; Limitations on the Exercise of Jurisdiction; Procedure; Marriage; Marital Property; Dissolution of Marriage and its Consequences; Legitimation and Adoption; Torts; Contracts; Property; Succession; Trusts and Powers of Appointment; Probate and Administration of Estates; Corporations, Winding-up and Bankruptcy; Recognition and Enforcement of Foreign Judgments and Decrees.
Category: Conflict of laws