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The Conflict Of Laws

Author: Adrian Briggs
Publisher: Oxford University Press, USA
ISBN: 0199539669
Size: 49.81 MB
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The Conflict of Laws addresses the jurisdiction of Courts (and whether their judgments are enforced and recognised overseas) and the effect of foreign judgments in England (whether these are recognised and enforced) . It also looks at the principles of choice of law for cases with an international element for example contracts made or performed in other jurisdictions or with other parties, torts committed overseas or by foreign parties, international fraud, property sited overseas, and family and personal matters (including marriage, divorce, and financial support) across different jurisdictions.

Conflicts Of Law And Morality

Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 9780195363296
Size: 31.41 MB
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Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study, a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash, views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether or not to obey the penal code; and that of the people who make and uphold laws and must decide whether to treat someone with a moral claim to disobey differently from ordinary lawbreakers. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws. He also discusses techniques of amelioration of punishment for conscientious lawbreakers, asking how far legal systems should go to accommodate individuals who break the law for reason of conscience. Drawing from numerous examples of conflicts between law and morality, Greeawalt illustrates in detail the positions and predicaments of potential lawbreakers and lawmakers alike.

Essays In Private International Law

Author: Peter Machin North
Publisher: Oxford University Press
ISBN: 9780198258261
Size: 20.39 MB
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This work consists of nine essays in the broad field of private international law, some originally delivered as lectures, others written as law journal articles. The author draws on his experience as a Law Commissioner, in European Community negotiations in Brussels, and in providing advice tothe government on private international law matters. Where appropriate, the essays include new introductions, examining major developments which have occurred since they were originally written.

Essays In International Litigation And The Conflict Of Laws

Author: Lawrence Collins
Publisher: Oxford University Press
ISBN: 9780198265665
Size: 54.96 MB
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This is the paperback edition of Lawrence Collins' very well received hardback Essays in International Litigation and the Conflict of Laws. The book offers academics and practitioners a selection of the best essays written over a twenty-year period, updated where necessary with introductoryprefaces outlining the most important subsequent developments. Among the highlights is a report of the author's recent Hague lecture on Provisional and Protective Measures in International Litigation. Scholarly and incisive, these essays will be required reading for all academics and practitionersinterested in international litigation.

Employment Law

Author: Hugh Collins
Publisher: OUP Oxford
ISBN: 0191018902
Size: 16.36 MB
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This updated edition offers a fresh approach to the law governing employment relations, emphasising the contemporary policy themes of social inclusion, competitiveness, and the rights of citizenship in the workplace. It acts as a succinct and accessible overview for those new to the subject as well as an excellent summary for students. Employment Law covers all the main areas of the subject including contracts of employment, anti-discrimination law, trade unions, industrial action, and human rights in the workplace. It also discusses how UK law, under the influence of EU law and international protection of human rights, has been transformed for the twenty-first century by pursuing new goals such as helping to achieve a better balance between work and life, to improve the competitiveness of business through partnership institutions, and to provide superior protection for the basic rights of employees in the workplace. Offering frequent comparisons with the law of other countries, including the United States, the book also discusses the effectiveness of employment regulation as well as examining the different national and transnational methods available.

Autonomy In International Contracts

Author: Peter Edward Nygh
Publisher: Oxford University Press
ISBN: 9780198262701
Size: 58.97 MB
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This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum. The book focuseson the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe, taking as a starting point the provisions of the several Hague Conventions on the Choice of Law in Sales and other contracts, the Rome Convention of 1980 on the LawApplicable to International Contracts and the Mexico Convention of 1994 on the same topic, as well as modern legislation on conflicts of law. Nygh's aim is to discern a general consensus, where present, and to argue for a further development and extension of the principles of autonomy unhampered by historical notions of territoriality and sovereignty, which hitherto have sought to restrain it, with only such limitations as can bejustified for the protection of weaker parties or genuine state interests. This fascinating analysis, written from the author's unique perspective, will be welcomed by practitioners and scholars alike. This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.

Declining Jurisdiction In Private International Law

Author: J. J. Fawcett
Publisher: Oxford University Press
ISBN: 9780198259596
Size: 45.58 MB
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The subject of declining jurisdiction in private international law is one of enormous practical importance and academic interest. It is also a topic where a comparative approach is particularly revealing. This book contains the 17 national reports and the general report on the subject of`Rules for declining to exercise jurisdiction: Forum Non Conveniens, Lis Pendens'. The Reports were held in Athens/Delphi in August 1994. The list of nations for which a report has been prepared is as follows: Argentina, Brazil, Canada, Quebec, Finland, France, Germany, Great Britain, Greece,Israel, Italy, Japan, The Netherlands, New Zealand, Sweden, Switzerland, and USA.This book by bringing together all the reports on `Declining Jurisdiction' provides a unique insight into this topic, and, dealing as it does with a key aspect of private international law, fits very well into the Oxford series of monographs on private international law.