Description : This work consists of nine essays in the broad field of private international law, some originally delivered as lectures, others written as law journal articles. The author draws on his experience as a Law Commissioner, in European Community negotiations in Brussels, and in providing advice tothe government on private international law matters. Where appropriate, the essays include new introductions, examining major developments which have occurred since they were originally written.
Description : This is an innovative and provocative book by one of America's leading writers on private and public international law. Practitioners as well as students and scholars will be fascinated by the author's distillation of a lifetime of experience as a lawyer, arbitrator, government official, andteacher in presenting recent developments in litigation of controversies across national boundaries.
Description : A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.
Description : In this, the third edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what is emerging as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the four fundamental questions: When should a lawsuit be entertained by the courts? Which state's law should be applied? When should a court that can entertain a lawsuit decline to do so? And will a judgment rendered in one country be recognized and enforced in another? He identifies and investigates twelve characteristics of Internet communication that are relevant to these questions, and then proceeds with a detailed discussion of what is required of modern private international law rules. Professor Svantesson's approach focuses on several issues that have far-reaching practical consequences in the Internet context, including the following: • cross-border defamation; • cross-border business contracts; • cross-border consumer contracts; and • cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of countries including Australia, England, Hong Kong, the United States, Germany, Sweden, and China as well as in a range of international instruments. There is also a chapter on advances in geo-identification technology and its special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts; as well as a set of practical check-lists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson's book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this new and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable rules on jurisdiction, applicable law, and recognition and enforcement of judgments for communication via the Internet.
Description : This book shows how, with the increasing interaction between jurisdictions spearheaded by globalization, it is gradually becoming impossible to confine transactions to a single jurisdiction. Presented in the form of a compendium of essays by eminent academics and practitioners in the field, it provides a detailed overview of private, international law practice in South Asian nations, addressing contemporary discourse within this knowledge domain. Conflict of laws/private international law arises from the universal acknowledgment that it is difficult to govern human transactions solely by the local law. The research presented addresses the three major threads of private international law – jurisdiction, choice of law and enforcement – within each of the South Asian countries in the areas of family law and commercial law. The research in family law domain includes traditional areas such as marriage, divorce and maintenance, as well as some of the contemporary concerns in this region – inter-country child retrieval, surrogacy, and the country statement on accession to the Hague Conventions related to this domain. In commercial law the research explores the concerns raised with regard to choice of law issues in transnational contracts, and also enforcement of foreign judgment/arbitral awards in the nations of this region.
Description : This collection of essays by his friends and colleagues honours Sir Peter North's remarkable career and outstanding contribution to private international law. It takes as its theme the reform and development of private international law, reflecting the three different levels at which the development and reform of private international law takes place. Robin Morse discusses the creeping codification of private international law. Trevor Hartley draws attention to an area of private international law, that relating to matrimonial property, which is entirely judge-made. Joost Blom shows how quickly the judges, in this case in the Supreme Court of Canada, can develop private international law once they set their mind to it. Sir Lawrence Collins discusses the concept of comity in modern private international law. Writers too have had their part to play in the development of private international law; this is the subject of the contribution by Ole Lando. Kurt Siehr looks at the impact of international instruments on national private international law and the problems that this throws up. A number of contributors discuss various aspects of the ever-growing Europeanization of private international law. Ian Fletcher focuses on the EC Regulation on Insolvency Proceedings and its impact upon established law and practice in England and Wales. Paul Beaumont examines questions of legal basis and external competence and the best way for the UK and Europe to be represented in issues of private international law globally as well as offering a technical analysis of the contract provision of the Brussels I Regulation. Hans Ulrich Jessurun d'Oliveira examines the uneasy relationship between the European Union and private international law and the movement towards eroding the latter. Peter Nygh compares declining jurisdiction under the Brussels I Regulation and the preliminary draft Hague Judgments Convention. Other contributors have concentrated on aspects of the reformof private international law on a world-wide basis. Jonathan Harris discusses the Hague Convention on the Law Applicable to Trusts and on their Recognition 1985 in his examination of the trust in private international law. Not surprisingly there is much discussion in this book of the ambitious project that has been absorbing the Hague Conference for nearly ten years, namely a Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters. David McClean discusses the history of the project and, if it does fail, a possible way forward. Ron Brand suggests a more modest goal at the Hague Conference, namely a choice of court plus recognition convention. Whatever the fate of the Hague Judgments Convention, the work undertaken at the Hague can still be used in the future. It can inform the discussion of what we should do in intellectual property cases in private international law, which is the subject of James Fawcett's contribution.
Description : Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments.