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The Confluence Of Public And Private International Law

Author: Alex Mills
Publisher: Cambridge University Press
ISBN: 1139479733
Size: 78.47 MB
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A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.

The Confluence Of Public And Private International Law

Author: Alex Mills
Publisher: Cambridge University Press
ISBN: 9780521731300
Size: 30.25 MB
Format: PDF, Kindle
View: 6744
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A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.

Private International Law And Global Governance

Author: Horatia Muir Watt
Publisher: Oxford University Press, USA
ISBN: 0198727623
Size: 45.28 MB
Format: PDF
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Taking a critical approach to private international law, this volume examines its function and role in an era of global governance. It asks if private international law has the potential to reassert itself as a significant governance function in respect of new forms of authority beyond the state, and how this might be done.

Normative Pluralism And International Law

Author: Jan Klabbers
Publisher: Cambridge University Press
ISBN: 1107245168
Size: 69.18 MB
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This book addresses conflicts involving different normative orders: what happens when international law prohibits behavior, but the same behavior is nonetheless morally justified or warranted? Can the actor concerned ignore international law under appeal to morality? Can soldiers escape legal liability by pointing to honor? Can accountants do so under reference to professional standards? How, in other words, does law relate to other normative orders? The assumption behind this book is that law no longer automatically claims supremacy, but that actors can pick and choose which code to follow. The novelty resides not so much in identifying conflicts, but in exploring if, when and how different orders can be used intentionally. In doing so, the book covers conflicts between legal orders and conflicts involving law and honor, self-regulation, lex mercatoria, local social practices, bureaucracy, religion, professional standards and morality.

Eu Law And Private International Law

Author: Jan-Jaap Kuipers
Publisher: Martinus Nijhoff Publishers
ISBN: 9004206736
Size: 37.19 MB
Format: PDF
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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.

American Private International Law

Author: Symeon Symeonides
Publisher: Kluwer Law International B.V.
ISBN: 9041127429
Size: 69.77 MB
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This book was originally published as a monograph in the International Encyclopaedia of Laws/Private International Law.

The Plurality Trilemma

Author: David Roth-Isigkeit
Publisher: Springer
ISBN: 3319728563
Size: 11.74 MB
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This book provides a comprehensive introduction to global legal thought. It argues that economic globalization and digitalization have induced significant insecurity about the future of human social organization. While traditional international law as a system based on the consent of national states is in the process of rapid adaptation to its new social preconditions, a variety of transnational regulatory levels compete for legal authority. In this process of change, there is more need than ever to guide the theoretical understanding because academic concepts have a crucial influence on the emerging practice of global law. This book highlights which choices are available and argues that global law requires taking a stand in mutually irreconcilable choices.

Evolution In Investment Treaty Law And Arbitration

Author: Chester Brown
Publisher: Cambridge University Press
ISBN: 1139503618
Size: 13.56 MB
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International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.