Private Law in the International Arena
Title | Private Law in the International Arena PDF eBook |
Author | Jürgen Basedow |
Publisher | Cambridge University Press |
Pages | 950 |
Release | 2000-09 |
Genre | Law |
ISBN | 9789067041249 |
Private Law in the International Arena analyzes a wide variety of effects that cross-border activities have on the operation of private law, ranging from corporate and insolvency law to labor law, property law, the law of obligations, family law, European law and lex mercatoria. Civil procedure aspects, in national courts and arbitration proceedings, are also explored. This book provides a unique source of insights into the problems encountered and their possible solutions. All contributions have been written in honor of an eminent Private International Law scholar, Prof. Dr Kurt Siehr.
Private Law in the International Arena:From National Conflict Rules Towards Harmonization and Unification - Liber Amicorum Kurt Siehr
Title | Private Law in the International Arena:From National Conflict Rules Towards Harmonization and Unification - Liber Amicorum Kurt Siehr PDF eBook |
Author | Jurgen Basedow |
Publisher | T.M.C. Asser Press |
Pages | 910 |
Release | 2011-01-18 |
Genre | Law |
ISBN | 9789067045766 |
Private Law in the International Arena contains fifty-seven original contributions authored by renowned lawyers from all over the World. It analyzes a wide variety of effects that cross-border activities have on the operation of private law, ranging from corporate and insolvency law to labor law, property law, the law of obligations, family law, European law and lex mercatoria. Civil procedure aspects, in national courts and arbitration proceedings, are also explored. This book provides a unique source of insights into the problems encountered and their possible solutions. It will be of interest to scholars and practitioners alike. All contributions have been written in honor of an eminent Private International Law scholar, Prof. Dr. Kurt Siehr of the University of Zurich.
Private law in the international arena
Title | Private law in the international arena PDF eBook |
Author | |
Publisher | |
Pages | 910 |
Release | 2000 |
Genre | Conflict of laws |
ISBN |
Unification and Harmonization of International Commercial Law
Title | Unification and Harmonization of International Commercial Law PDF eBook |
Author | Morten Fogt |
Publisher | Kluwer Law International B.V. |
Pages | 304 |
Release | 2012-07-18 |
Genre | Law |
ISBN | 9041140751 |
In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: ; Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.
Unifying and Harmonising Substantive Law and the Role of Conflict of Laws
Title | Unifying and Harmonising Substantive Law and the Role of Conflict of Laws PDF eBook |
Author | |
Publisher | Martinus Nijhoff Publishers |
Pages | 289 |
Release | 2010-07-05 |
Genre | Law |
ISBN | 9004186832 |
Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving this objective is, generally, hindered by conflict of law rules. The requirements which non-national law needs to fulfil in order to be accepted as the law governing a cross-border relationship deserve clarification. Not only uniform law, such as the CISG and the envisaged European substantive law instrument for the law of obligations, but, particularly, instruments which are aimed at harmonizing substantive law, challenge the established systems of conflict of laws. In seeking a positive approach towards the application of a law other than national law various aspects need to be considered: (1) is the decision taken by a court or an arbitral tribunal; (2) what field of law (contract/delict/tort or family relationships) is involved; and (3) the objective or subjective (choice by the parties) designation of the applicable law.
Coherence and Fragmentation in European Private Law
Title | Coherence and Fragmentation in European Private Law PDF eBook |
Author | Pia Letto-Vanamo |
Publisher | Walter de Gruyter |
Pages | 184 |
Release | 2012-08-31 |
Genre | Law |
ISBN | 3866539657 |
One of the most important characteristics of today’s private law is that it increasingly flows from different sources: Next to national legislation and case law, it is also shaped by European and supranational sources and rapidly becoming a mixture of differently oriented rules and principles. This development can be described as one from coherence to fragmentation. The aim of the new book is to consider how this important shift has worked out in different subfields of the law like in contract and property law, in competition, insurance, marketing and private international law as well as in the law of intellectual property. This cross-disciplinary approach shows how pervasive legal fragmentation has become, and points out how to remedy the adverse effects it brings with it. The volume is therefore indispensable for anyone interested in how Europeanisation affects national private laws.
International Institute for the Unification of Private Law (UNIDROIT)
Title | International Institute for the Unification of Private Law (UNIDROIT) PDF eBook |
Author | Lena Peters |
Publisher | Kluwer Law International B.V. |
Pages | 250 |
Release | 2021-11-21 |
Genre | Law |
ISBN | 940353950X |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Institute for the Unification of Private Law (UNIDROIT) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of International Institute for the Unification of Private Law (UNIDROIT) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.