Private International Law in South Africa
Title | Private International Law in South Africa PDF eBook |
Author | Elsabe Schoeman |
Publisher | |
Pages | 0 |
Release | 2014 |
Genre | Conflict of laws |
ISBN | 9789041151803 |
The Authors. List of Abbreviations. General Introduction. Part I. General Principles (Choice-of-Law Technique). Chapter 1. Sources of PIL. Chapter 2. Connection. Chapter 3. Basic Terms. Part II. Rules of Choice of Law. Chapter 1. Persons. Chapter 2. Obligations. Chapter 3. Law of Property. Chapter 4. Intangible Property Rights. Chapter 5. Company Law. Chapter 6. Family Law. Chapter 7. Succession Law. Part III. Annex: International Civil Procedure (ICP). Chapter 1. Sources of ICP (National Law, International Conventions). Chapter 2. The Principle of Lex Fori. Chapter 3. National Jurisdiction. Chapter 4. International Jurisdiction. Chapter 5. Acceptability (Recognition) and Enforcement of Foreign Judgments. Selected Bibliography. Index.
Private International Law in Commonwealth Africa
Title | Private International Law in Commonwealth Africa PDF eBook |
Author | Richard Frimpong Oppong |
Publisher | Cambridge University Press |
Pages | 559 |
Release | 2013-09-12 |
Genre | Law |
ISBN | 0521199697 |
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Private International Law
Title | Private International Law PDF eBook |
Author | C. F. Forsyth |
Publisher | Juta and Company Ltd |
Pages | 580 |
Release | 2012 |
Genre | Conflict of laws |
ISBN | 9780702194221 |
Private International Law in Botswana
Title | Private International Law in Botswana PDF eBook |
Author | John Kiggundu |
Publisher | |
Pages | 414 |
Release | 2002 |
Genre | Conflict of laws |
ISBN |
Promoting Foreign Judgments
Title | Promoting Foreign Judgments PDF eBook |
Author | Pontian N. Okoli |
Publisher | Kluwer Law International B.V. |
Pages | 356 |
Release | 2019-10-07 |
Genre | Law |
ISBN | 9403511125 |
In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.
Optional Choice of Court Agreements in Private International Law
Title | Optional Choice of Court Agreements in Private International Law PDF eBook |
Author | Mary Keyes |
Publisher | Springer Nature |
Pages | 528 |
Release | 2019-10-18 |
Genre | Law |
ISBN | 3030239144 |
This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.
Dugard's International Law
Title | Dugard's International Law PDF eBook |
Author | John Dugard |
Publisher | |
Pages | 940 |
Release | 2019-01-07 |
Genre | Human rights |
ISBN | 9781485128281 |
This fifth edition of International Law: A South African Perspective is now titled Dugard's International Law: A South African Perspective, in recognition of the fact that this work is a continuation of the earlier editions written by John Dugard. The substance of the work has undergone major changes to take account of new developments both on the international legal scene and in South Africa. Dugard's International Law: A South African Perspective presents a South African perspective of international law. The basic principles of international law are described and examined with reference to the principal sources of international law. This examination, however, takes place within the context of South African law. South African state practice, judicial decisions and legislation on international law receive equal treatment with international law as it is practised and taught abroad. The present work is designed to assist judicial officers and practitioners, educate students, and guide diplomats in the intricacies of international law both at home in South Africa and abroad.