International Private Law


Book Description

We will try to cover the very broad field of International private law with this book. To manage this, it is important to clarify that all segments closer to the area of International public law are taken out. Among other things, that means that there will not be a question of law of the sea, outer space, citizenship, north and south poles. This will be left to another book, so we will be devoting adequate attention to their importance.After the initial chapter and getting familiar with the matter, we will open the topic with the analysis of the scientific debate. The conflicts of the scientific currents in law often help in getting to the core of the subject. "While arbitration has existed in one form or another for centuries, and has at times even had a central role in both domestic and international dispute resolution, its recent rise to prominence and acceptability on the contemporary international scene has been both abrupt and overwhelming." This speaks a lot of why this is our second chapter. Without compromise, this whole area would not exist, a base and summit of every compromise is taking into account foreign court decision. And our introduction with this subject will start of from the chapter 3 followed with taking few steps forward into the future in the next chapter. The next section looks at the link between unrelated areas at first look. The last hundred years have been a century of codification of private international law. Chapter 6 will ask the question was this the right course? And after that we will take a look at the American view of international conflict of jurisdictions while we will elaborate more on the international jurisdiction in the chapter 8. Chapter 9 will prove us that the rules of international law are not only important for the business world and families, crimes, accidents and deaths can also occur "over the border". An aviation lawsuit often starts far from the crash site, and the early stages are almost always devoted to motion practice over jurisdiction and venue. Finally, the Chapter 10 addresses some of the more commonly occurring jurisdiction and venue issues that arise in aviation cases, from the perspective of both the plaintiff and the defendant. It also addresses recent legal developments that have a substantial effect on where aviation lawsuits finally land.




European Private International Law


Book Description

This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it 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 the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. 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.




Private International Law


Book Description

Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.




Conflict of Laws


Book Description

•Chapter 6, concerning the impact of the Constitution, has been streamlined to enhance “teachability.” The 2016 opinion in franchise tax Board versus Hyatt is now included as a principal case. •Chapters 7 and 8 present the central themes of choice of law. Both have been updated substantially. Chapter 8 has been considerably revised to show the progression from the traditional system, to the height of the conflicts revolution, to a developing consensus to consolidate modern analysis in a manner that provides more predictability and certainty. This revision is designed to give students -- most of whom have little or no familiarity with choice of law doctrine -- a b.




Public Policy and Private International Law


Book Description

The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.




Private Law Sources and Analogies of International Law


Book Description

Lauterpacht, Sir Hersch. Private Law Sources and Analogies of International Law: With Special Reference to International Arbitration. London: Longmans, Green and Co. Ltd., 1927. xxv, 325 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001041399. ISBN 1-58477-184-4. Cloth. $75. * A scientific look at the practice of the use of private law for the development of international law. Lauterpacht expands upon this subject with a useful discussion of international arbitration and international tribunals, and refers to numerous cases. An English international lawyer of Polish birth, Lauterpacht [1897-1960] offers a conception of his subject shaped by academic research and practical experience. He was Whewell Professor of International Law at Cambridge and a member of the Institute of International Law and the British Academy. He also served as a judge of the International Court of Justice and was a Bencher of Gray's Inn. Walker, The Oxford Companion to Law 716. The Lawbook Exchange has also published a reprint of his other noted work, The Function of Law in the International Community.




Private International Law as Component of the Law of the Forum


Book Description

Also available as an e-book 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.




American Private International Law


Book Description

This book was originally published as a monograph in the International Encyclopaedia of Laws/Private International Law.




International Arbitration and Private International Law


Book Description

No field of legal scholarship or practice operates in the world of private international law as continuously and pervasively as does international arbitration, commercial and investment alike. Arbitration's dependence on private international law manifests itself throughout the life-cycle of arbitration, from the crafting of an enforceable arbitration agreement, through the entire arbitral process, to the time an award comes before a national court for annulment or for recognition and enforcement. Thus international arbitration provides both arbitral tribunals and courts with constant challenges. Courts may come to the task already equipped with longstanding private international law assumptions, but international arbitrators must largely find their own way through the private international law thicket. Arbitrators and courts take guidance in their private international law inquiries from multiple sources: party agreement, institutional rules, treaties, the national law of competing jurisdictions and an abundance of "soft law," some of which may even be regarded as expressing an international standard. In a world of this sort, private international law resourcefulness is fundamental.




The Confluence of Public and Private International Law


Book 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.