Intercontinental Cooperation Through Private International Law

Intercontinental Cooperation Through Private International Law
Author: Talia Einhorn
Publisher: T.M.C. Asser Press
Total Pages: 532
Release: 2004-10-21
Genre: Law
ISBN: 9789067041782

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Dedicated to the memory of Peter E. Nygh (1933–2002), this book contains thirty original contributions authored by prominent private international law lawyers from all over the globe. Their themes include private international law, international litigation, arbitration, uniform law and European legal integration. Their treatises and approaches vary from thematic, in-depth studies to studies of a comparative nature. Born in Hamburg, Germany, and raised in the Netherlands and in Australia where his academic career started, Peter Nygh was one of the few scholars with excellent knowledge of both the common law and civil law legal systems and an in-depth understanding of their differences and similarities. He was an indispensable member, promoter and leader in the International Law Association and the Hague Conference on Private International Law. Most of these papers are based on supranational experiences and aim to continue a comparative law-based analysis of problems so well applied by Nygh.

Intercontinental Cooperation Through Private International Law

Intercontinental Cooperation Through Private International Law
Author: Talia Einhorn
Publisher: T.M.C. Asser Press
Total Pages: 532
Release: 2011-08-27
Genre: Law
ISBN: 9789067044165

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Dedicated to the memory of Peter E. Nygh (1933–2002), this book contains thirty original contributions authored by prominent private international law lawyers from all over the globe. Their themes include private international law, international litigation, arbitration, uniform law and European legal integration. Their treatises and approaches vary from thematic, in-depth studies to studies of a comparative nature. Born in Hamburg, Germany, and raised in the Netherlands and in Australia where his academic career started, Peter Nygh was one of the few scholars with excellent knowledge of both the common law and civil law legal systems and an in-depth understanding of their differences and similarities. He was an indispensable member, promoter and leader in the International Law Association and the Hague Conference on Private International Law. Most of these papers are based on supranational experiences and aim to continue a comparative law-based analysis of problems so well applied by Nygh.

American Private International Law

American Private International Law
Author: Symeon Symeonides
Publisher: Kluwer Law International B.V.
Total Pages: 372
Release: 2008-01-01
Genre: Law
ISBN: 9041127429

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

EU Law and Private International Law

EU Law and Private International Law
Author: Jan-Jaap Kuipers
Publisher: Martinus Nijhoff Publishers
Total Pages: 384
Release: 2011-11-25
Genre: History
ISBN: 9004206736

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European Union Law and Private International Law both attempt to resolve a conflict of laws. There is however a certain tension between the two disciplines. The present book proposes suggestions to enhance their mutual understanding.

The Confluence of Public and Private International Law

The Confluence of Public and Private International Law
Author: Alex Mills
Publisher: Cambridge University Press
Total Pages: 421
Release: 2009-07-02
Genre: Law
ISBN: 0521515416

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An analysis of the relationship between private international law, examined from an international systemic perspective, and public international law.

Private International Law

Private International Law
Author: Symeon C. Symeonides
Publisher: BRILL
Total Pages: 502
Release: 2021-11-08
Genre: Law
ISBN: 9004503919

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This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.

Imperativeness in Private International Law

Imperativeness in Private International Law
Author: Giovanni Zarra
Publisher: Springer Nature
Total Pages: 261
Release: 2022-01-27
Genre: Law
ISBN: 9462654999

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This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

Dual Nationality in the European Union

Dual Nationality in the European Union
Author: Olivier Vonk
Publisher: Martinus Nijhoff Publishers
Total Pages: 381
Release: 2012-03-19
Genre: Law
ISBN: 9004227202

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The book analyzes the role of dual nationality in different fields of the law, in particular national and EU law, and offers a convincing argument for the (minimum) harmonization of European nationality laws.

International Commercial Contracts

International Commercial Contracts
Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
Total Pages: 347
Release: 2014-05-29
Genre: Law
ISBN: 110702918X

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The book verifies the impact of national law and transnational rules on international contracts, particularly those with an arbitration clause.