Suchergebnisse

The problem of the legal nature of international jurisdiction agreements is directly related to the issue of their regulation in the national legislation, since, depending on the material or procedural quali cations of this institution, particular regulatory requirements for such agreements are to be established. This article analyzes various approaches to the de nition of the legal nature and, consequently, the regulation of international jurisdiction agreements on the example of English, German and Russian legislation. The material quali cation chosen in English law means a more exible regulation of the agreements: the possibility to conclude an oral jurisdiction agreement as well as the possibility for one party to use remedies (antisuit injunctions, damages) in case of violation of the jurisdiction agreement by the other party. The procedural quali cation of jurisdiction agreements in German law presupposes the establishment of stricter formal requirements (requirements for the subjects of agreements, form (written or oral with written con rmation), time of the conclusion of the jurisdiction agreement). In Russian law, this issue has not been nally resolved and is debatable, so that the legislative 181regulation of agreements on jurisdiction is generally fragmentary and is replaced by the construction and interpretation of norms in judicial practice.

"This book builds on the scholarship of the law of state jurisdiction, engaging with fundamental questions about states' legislative competence, to respond to climate change. Considering general theory, the author advocates for a systemic analytical framework for the contested issue of 'extraterritoriality' in international law. Exploring the crystallisation of 'climate change jurisdiction', the book provides a comprehensive exploration of the jurisdictional bases and limitations for unilateral climate protection measures. In doing so, cross-cutting issues of world trade law, international civil aviation law, the law of the sea, and importantly, the customary international law of state jurisdiction are considered. Amidst the myriad of developing norms, a novel 'considerate design' tool is introduced to assist policymakers in finding a better balance between regulatory autonomy, development needs and the protection of common concerns."--

'Agreements on Jurisdiction and Choice of Law' analyses the law and practice relating to the classification, drafting, validity and enforcement of contractual clauses relating to jurisdiction, choice of law, arbitration and other types of dispute resolution.

Intro -- Preface -- Contents -- Part I: Small Jurisdictions and Social Security: State of the Art -- Chapter 1: Conceptual Framework -- 1.1 Small Jurisdictions -- 1.2 Social Security -- 1.3 Social Security and the Law -- 1.4 An Excursion: Legal Transplants -- References -- Chapter 2: Small Jurisdictions -- Their Common Features, in General and as Far as Social Security Is Concerned -- 2.1 Economic and Environmental Shocks -- 2.2 Scale Disadvantage and Flexibility -- 2.3 Limited Human Resources and Limited Infrastructure -- 2.4 Training Needs -- 2.5 Limited Number of People Covered by Social Security -- 2.6 Importance of Migration -- 2.7 Strong Ties with Other States -- 2.8 Homogeneity, Social Cohesion and Democracy -- 2.9 Proximity -- 2.10 Unified Administration and Fragmentation -- 2.11 Financial Issues -- 2.12 Legal and Social Security Transplants -- References -- Part II: Country Studies: Social Security in Twenty Small Jurisdictions -- Chapter 3: Aruba -- 3.1 Context -- 3.2 Legal Framework of Rights to Social Security -- 3.2.1 Constitutional Context -- 3.2.2 Social Security Legislation and Structure -- 3.2.3 Enforcement of Constitutional and Statutory Rights -- 3.3 Population and the Personal Scope of the Social Security Schemes -- 3.3.1 General Data on the Population and Its Composition -- 3.3.2 Personal Scope of the Social Insurance and Social Assistance Schemes -- 3.4 Administration of Social Security -- 3.5 Coordination -- 3.6 Additional Relevant Information -- Websites -- References -- Chapter 4: Buthan -- 4.1 Context -- 4.2 Legal Framework of Rights to Social Security -- 4.2.1 Constitutional Context -- 4.2.2 Social Security Legislation and Structure -- 4.2.3 Enforcement of Constitutional and Statutory Rights -- 4.3 Population and the Personal Scope of the Social Security Schemes.