Conflict of Laws in a Globalized World

Conflict of Laws in a Globalized World PDF

Author: Eckart Gottschalk

Publisher: Cambridge University Press

Published: 2011-03-03

Total Pages: 320

ISBN-13: 9780521174015

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This book contains ten contributions that examine current topics in the evolving transatlantic dialogue on the conflict of laws. The first five contributions deal with the design of judgments conventions in general, the recently adopted Hague Convention on Choice of Court Agreements, problems involving negative declaratory actions in international disputes, and recent transatlantic developments relating to service of process and collective proceedings. The remaining five contributions focus on comparative and economic dimensions of party autonomy, choice of law relating to intellectual property rights, the applicable law in antitrust law litigation, international arbitration, and actions for punitive damages.

Legal Aspects of Globalisation:Conflicts of Laws, Internet, Capital Markets and Insolvency in a Global Economy

Legal Aspects of Globalisation:Conflicts of Laws, Internet, Capital Markets and Insolvency in a Global Economy PDF

Author: Jurgen Basedow

Publisher: Kluwer Law International B.V.

Published: 2000-01-26

Total Pages: 246

ISBN-13: 9041113320

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The phenomenon of increased interconnectedness of the world's societies, generally referred to as `globalisation', is not only changing our everyday life, it also influences the legal framework we are living in. The challenges brought about by this process are especially great in fields of law which are by their very nature international such as Private International Law, the Law of Capital Markets, International Insolvency Law or the Law of the Internet. Can, for example, established conflict-of-law rules survive in a globalised world? What options exist for regulating capital markets in the era of globalisation? Are national laws on international insolvencies prepared for the increasing number of cross-border insolvency proceedings or does the UNCITRAL Model Law on Cross-Border Insolvency show the way? How can national or international legislators react to the new forms of torts and copyright infringements via the World Wide Web? These are some of the questions which eminent scholars from Japan and Germany try to answer in this volume. All essays are based on contributions to a symposium which took place in Fukuoka, Japan, on 28-29 March, 1999.

The Oxford Handbook of Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism PDF

Author: Paul Schiff Berman

Publisher: Oxford University Press, USA

Published: 2020-09-24

Total Pages: 1133

ISBN-13: 0197516742

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"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Conflict of Laws: A Comparative Approach

Conflict of Laws: A Comparative Approach PDF

Author: Cuniberti, Gilles

Publisher: Edward Elgar Publishing

Published: 2022-02-18

Total Pages: 488

ISBN-13: 1839106530

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Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.

Globalization and the Harmonization of Law

Globalization and the Harmonization of Law PDF

Author: Jarrod Wiener

Publisher: Burns & Oates

Published: 1999

Total Pages: 248

ISBN-13:

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Debate about globalization has raised some serious questions about the viability of the state. Jarrod Wiener argues here that there is a danger of making generalizations that the state has lost authority across a range of sovereignty issues.

Power and Pluralism in International Law

Power and Pluralism in International Law PDF

Author: Edward S. Cohen

Publisher: Routledge

Published: 2022-03-10

Total Pages: 189

ISBN-13: 1000554201

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Demonstrating the crucial role that private international law and legality has played and continues to play in shaping globalization, this book argues that the rules, institutions, and actors that make up the practice of private international law have been critical in translating political and economic power into legal regimes that have facilitated the processes of globalization. These processes depend on two fundamental types of socio-political action – the legal structuring of emerging transnational spaces and flows of goods, capital, and finance, and the legal-political reconfiguration of state power and priorities to facilitate the growth of these spaces and their penetration into national political-economic-and social spaces. While a variety of processes were involved in these forms of action, the material practices of private international law played a central role in this project of political economic reconstruction. Offering a theory of private international legality as a practice that intersects with and provides a vehicle for the mobilization of political and economic power, this book examines the construction and enrolment of private law expertise and the structural condition of pluralism in the global political economy to argue that private international law has helped construct a global political economy responsive to the priorities of powerful actors and resistant to the demands and interests of the rest of the world’s populations. It will be of interest to academics and students exploring the relationship between law, international political economy and the nature of state power.

Conflict of Laws: A Comparative Approach

Conflict of Laws: A Comparative Approach PDF

Author: Gilles Cuniberti

Publisher: Edward Elgar Publishing

Published: 2017-02-24

Total Pages: 520

ISBN-13: 1785365940

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The Conflict of Laws, also known as private international law, is a field of the greatest importance in an increasingly globalized world. The analysis of any legal issue, in a case involving more than one country, must start with an assessment of which court could potentially hear the case and which law it would apply

Internationalization of Law

Internationalization of Law PDF

Author: Marcelo Dias Varella

Publisher: Springer

Published: 2014-06-17

Total Pages: 354

ISBN-13: 3642541631

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The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.