Adjudicatory Authority in Private International Law (The by Mehren, A.T. von

By Mehren, A.T. von

This ebook is a revised and multiplied model of the overall path added via the writer on the Hague Academy of overseas legislations in 1996. It comprises 3 elements that debate idea and perform of adjudicatory authority in inner most overseas legislations in comparative viewpoint targeting the USA, Germany and the eu Union. the 1st half examines the rules and emergence of jurisdictional thought elaborating at the kinds of adjudicatory authority and the layout of jurisdictional provisions. half covers simple topics and pervasive matters reflecting, inter alia, at the actor sequitor discussion board rei precept, selection of discussion board agreements, discussion board non conveniens, antisuit injunctions and the lis pendens doctrine. The final half explores the function of foreign tools for attaining convergence and harmonization. It analyzes the layout of judgments conventions and specifically the efforts of the Hague convention on inner most overseas legislation to foster around the globe harmonization.

Show description

Read or Download Adjudicatory Authority in Private International Law (The Hague Academy of International Law Monographs) PDF

Best foreign & international law books

ICSID Reports: Volume 6 (International Convention on the Settlement of Investment Disputes Reports)

It truly is greater than twenty-five years because the global financial institution conference at the cost of funding Disputes entered into strength. those experiences found in a unmarried, finished sequence all judgements of ICSID tribunals within the public area, in addition to the selections of nationwide courts in terms of such court cases.

Srebrenica in the Aftermath of Genocide

The autumn of the United countries "safe quarter" of Srebrenica in July 1995 to Bosnian Serb and Serbian forces would be the overseas community's so much egregious failure to intrude in the course of the Bosnian struggle. It resulted in genocide, pressured displacement, and a legacy of loss. yet wartime state of being inactive has on account that spurred quite a few postwar makes an attempt to handle the atrocities' results on Bosnian society and its diaspora.

International law and the use of force

This publication explores the complete of the massive and arguable topic of using strength in overseas legislations; it examines not just using strength by means of states but in addition the function of the UN in peacekeeping and enforcement motion, and the transforming into value of local agencies within the upkeep of overseas peace and safeguard.

International Law-making: Essays in Honour of Jan Klabbers

This booklet explores law-making in overseas affairs and is compiled to have fun the fiftieth birthday of Professor Jan Klabbers, a number one overseas legislations and diplomacy pupil who has made major contributions to the knowledge of the assets of foreign felony responsibilities and the assumption of constitutionalism in overseas legislations.

Extra info for Adjudicatory Authority in Private International Law (The Hague Academy of International Law Monographs)

Sample text

A prominent example for the non-harmonious interpretation of the Rome Convention is the variety of views on the relationship between the general presumption of Art. 4 (2) in the absence of a choice of law by the parties and the escape clause in Art. 4 (5). See Max Planck Institute for Foreign Private and Private International Law, “Comments on the European Commission’s Green Paper on the conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community instrument and its modernization”, 68 RabelsZ 1, at 39-45 (2004).

Art. 13 of the Convention on the Law Applicable to Certain Rights in Respect of Securities Held With an Intermediary of 13 December 2002. A prominent example for the non-harmonious interpretation of the Rome Convention is the variety of views on the relationship between the general presumption of Art. 4 (2) in the absence of a choice of law by the parties and the escape clause in Art. 4 (5). See Max Planck Institute for Foreign Private and Private International Law, “Comments on the European Commission’s Green Paper on the conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community instrument and its modernization”, 68 RabelsZ 1, at 39-45 (2004).

Anglo-Americans have long spoken of jurisdiction over “persons” and over “things”: jurisdiction in personam, in rem, and quasi in rem. 23 Each of these vocabularies have been shaped by contingent historical and systemic considerations and implies different conceptual frameworks. The French usage reflects the declining importance in contemporary thinking and decisional law of jurisdiction based on the plaintiff ’s – or the defendant’s – nationality. Having once enjoyed pride of place in French practice, these two bases are now seen as “supplementing” various “ordinary jurisdictional bases”.

Download PDF sample

Rated 4.33 of 5 – based on 20 votes