Explanatory Report on the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil Or Commercial Matters
Title | Explanatory Report on the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil Or Commercial Matters PDF eBook |
Author | Francisco J. Garcimartín Alférez |
Publisher | |
Pages | |
Release | 2020 |
Genre | |
ISBN | 9789083063324 |
The HCCH 2019 Judgments Convention
Title | The HCCH 2019 Judgments Convention PDF eBook |
Author | Matthias Weller |
Publisher | Bloomsbury Publishing |
Pages | 407 |
Release | 2023-05-18 |
Genre | Law |
ISBN | 1509959548 |
This book analyses, comments and further develops on the most important instrument of the Hague Conference on Private International Law (HCCH): the HCCH 2019 Judgments Convention. The HCCH Convention, the product of decades of work, will have a transformative effect on global judicial cooperation in civil matters. This book explores its 'mechanics', i.e. the legal cornerstones of the new Convention (Part I), its prospects in leading regions of the world (Part II), and offers an overview and comment on its outlook (Part III). Drawing on contributions from world-leading experts, this magisterial and ambitious work will become the reference work for law-makers, judges, lawyers and scholars in the field of private international law.
The Hague Judgments Convention and Commonwealth Model Law
Title | The Hague Judgments Convention and Commonwealth Model Law PDF eBook |
Author | Abubakri Yekini |
Publisher | Bloomsbury Publishing |
Pages | 312 |
Release | 2021-08-12 |
Genre | Law |
ISBN | 1509947094 |
This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.
Essays in International Litigation for Lord Collins
Title | Essays in International Litigation for Lord Collins PDF eBook |
Author | Jonathan Harris |
Publisher | Oxford University Press |
Pages | 449 |
Release | 2022-11-30 |
Genre | |
ISBN | 0192867989 |
This collection is in honour of the remarkable career of Lord Collins. The book offers a set of unique insights into the conduct of cross-border litigation; the judicial role in international cases; the shape of English private international law; the conduct of international arbitration; and the interface with public international law.
Cross-Border Trade Secret Disputes in the European Union
Title | Cross-Border Trade Secret Disputes in the European Union PDF eBook |
Author | Lydia Lundstedt |
Publisher | Edward Elgar Publishing |
Pages | 335 |
Release | 2023-10-06 |
Genre | Law |
ISBN | 1035315114 |
With the rise of international trade and innovation, there has been an increase in cross border trade secret violations. Using common trade secret scenarios as a springboard for analysis, the book questions whether EU private international law rules can be interpreted to facilitate the objective of the EU Trade Secret Directive and in doing so provides a detailed examination of both regimes.
The Singapore Convention on Mediation
Title | The Singapore Convention on Mediation PDF eBook |
Author | Nadja Alexander |
Publisher | Kluwer Law International B.V. |
Pages | 432 |
Release | 2022-08-11 |
Genre | Law |
ISBN | 9403528230 |
The Singapore Convention on Mediation is just beginning its life as an international legal instrument. How is it likely to fare? In the second edition of this comprehensive, article-by-article commentary, the authors provide a robust report on the features of the Convention and their implications, with an analysis of potential controversies and authoritative clarifications of particular provisions. The book’s meticulous examination considers these issues and topics: international mediated settlement agreements as a new type of legal instrument in international law; types of settlement agreements that fall within the scope of the Convention; how the Convention’s enforcement mechanism works; the meaning of ‘international’ and the absence of a seat of mediation; the Convention’s approach to recognition and enforcement of international mediated settlement agreements; the grounds for refusal to grant relief under the Convention; mediator misconduct as a ground for refusal to grant relief; the role of confidentiality in granting relief for international mediated settlement agreements; the impact of the Convention on private international law; the relationship of the Singapore Convention to other international instruments such as the UN Model Law on International Commercial Mediation and the New York Convention on Arbitration; possibilities for Contracting States to declare reservations; court decisions from around the globe on the recognition and enforceability of international mediated settlement agreements; and domestic mediation legislation including domestic laws that implement the Singapore Convention. This book takes a giant step towards relieving the inherent uncertainty associated with how this newly constituted instrument may operate, and how States may become ‘Convention ready’. It is an essential reference for international lawyers, mediators and government officials as the Convention proves itself in the coming years.
The Multi-level Governance of Space Mining
Title | The Multi-level Governance of Space Mining PDF eBook |
Author | Antonino Salmeri |
Publisher | Kluwer Law International B.V. |
Pages | 322 |
Release | 2023-02-07 |
Genre | Law |
ISBN | 9403519266 |
Aerospace Law and Policy Series, Volume 24 Space mining holds the potential to revolutionize the space sector, but whether this revolution will be for good or for worse depends on how it will be governed. Under the right framework, space resource activities can enable a new era of prosperous and sustainable space exploration. But with the wrong rules (or lack thereof), they have the potential to destabilize the peaceful and cooperative uses of space. This book provides an in-depth analysis of how the systemic nature of international law, existing provisions of international space law and a growing number of national legislations are shaping the multi-level governance of space mining, including an unprecedented assessment of possible adjudication and enforcement options. The author investigates the multi-level framework of space law provision by provision, foregrounding relevant implications for the governance of space mining. Questions addressed include the following: Which national and international provisions govern the conduct of space resource activities? Are these provisions sufficient, and can they be enforced? How can we evolve the existing framework to govern large-scale, long-term space resource activities? What practical lessons can be learnt from comparable regulatory regimes governing the sea, telecommunications and Antarctica? The author moves from general to particular, beginning with the status of international law as a legal order and ending with the specific options available for enforcing norms applicable to space mining. The book concludes by evaluating the tenure of the current governance system and proposing three pragmatic correctives to stabilize it in the short, medium, and long term. Professionals and academics involved or interested in space mining will find this book indispensable. It will provide them with a full and clear picture of the regulatory status quo, as well as with expert advice on how to navigate the complex dynamics of contemporary policymaking efforts in this area. Space mining operators can further use this book to understand the implications of domestic and international provisions applicable to their activities. Finally, regulators and policymakers can leverage the analysis conducted in this book to identify the key aspects to be addressed for the safe, sustainable, rational and peaceful conduct of space resource activities in accordance with international law and as the province of all humankind.