Suchergebnisse

Frontmatter -- TABLE OF CONTENTS -- FOREWORD -- ABBREVIATIONS -- JUDICIAL INTERPRETATION OF THE 1988 LUGANO CONVENTION ON JURISDICTION AND JUDGMENTS IN THE LIGHT OF ITS BRUSSELS MATRIX: THE CONVERGENCE CONFIRMED -- RETHINKING THE HAGUE JUDGMENTS CONVENTION: A PACIFIC PERSPECTIVE -- INDIRECTLY HELD SECURITIES: A NEW VENTURE FOR THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW -- THE BRUSSELS I REGULATION: COMMENT -- THE LAW APPLICABLE TO GOVERNMENTAL LIABILITY FOR INJURIES TO FOREIGN INDIVIDUALS DURING WORLD WAR II -- ISSUES OF PRIVATE INTERNATIONAL LAW AND CIVIL PROCEDURE ARISING OUT OF THE U.S. CIVIL SUITS FOR FORCED LABOR DURINGWORLD WAR II -- THE LAW APPLICABLE TO GOVERNMENTAL LIABILITY FOR VIOLATIONS OF HUMAN RIGHTS IN WORLD WAR II -- THE NEW GERMAN CONFLICTS RULES FOR REGISTERED PARTNERSHIPS -- THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW -- THE EXTRATERRITORIAL JUDICIAL PENALTY - NEW INSTRUMENT FOR THE TRANSNATIONAL ENFORCEMENT OF EXTRATERRITORIAL INJUNCTIONS? -- COUNCIL REGULATION (EC) No. 44/2001 of 22 December 2000 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS -- COUNCIL REGULATION (EC) No. 1206/2001 of 28 May 2001 ON COOPERATION BETWEEN THE COURTS OF THE MEMBER STATES IN THE TAKING OF EVIDENCE IN CIVIL OR COMMERCIAL MATTERS -- MODEL LAW OF PRIVATE INTERNATIONAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA -- OREGON'S CONFLICTS LAW APPLICABLE TO CONTRACTS -- BOOK REVIEW -- BOOKS RECEIVED -- Backmatter

Frontmatter -- TABLE OF CONTENTS -- Foreword -- Abbreviations -- Doctrine -- Discerning the Meaning of "Habitual Residence of the Child" in UK Courts – A Case for the Oracle of Delphi -- The EU Succession Regulation before the German Courts 2016-2019 -- Cross-Border Litigation – New Data, Initial Brexit Implications in England and Wales and Long-Term Policy Choices -- On the Doctrinal Beginnings of the Conflict of Laws -- Interim Measures in International Commercial Litigation. Proceedings of the SICL's 31st Private International Law Day – Lausanne, 23 May 2019 -- Interim Measures at the Crossroads of International Litigation and Arbitration – Some Remarks on Concurrent Jurisdiction and Cross- Border Enforcement -- Interim Measures in English Law and their Circulation -- The Recognition and Enforcement of Foreign Interim Measures in Switzerland -- The Law Applicable to Provisional and Protective Measures – With a Focus on the EU System of Ancillary Reliefs -- Jurisdiction to Grant Interim Measures in Support of Arbitration – The Influence of European Law -- Swiss Practice of Interim Relief in International Arbitration -- Interim Measures in International Arbitration – An Arab Perspective -- The 2019 Hague Judgments Convention -- The Jurisdictional Filters of the HCCH 2019 Judgments Convention -- Thou Shall (Not) Pass – Grounds for Refusal of Recognition and Enforcement under the 2019 Hague Judgments Convention -- Refusal of Recognition and Enforcement of Foreign Judgments on Public Policy Grounds in the Hague Judgments Convention – A Comparison with The 1958 New York Convention -- Establishment of Treaty Relations under The 2019 Hague Judgments Convention -- National Reports -- International Jurisdiction of the Rabbinical Courts in Claims for Divorce in Israel -- The Connecting Factor of the Place of Celebration of Marriage in Swiss Private International Law -- Recognition of Foreign Same-Sex Unions in China -- The lex loci delicti Rule in Canadian Conflict of Laws -- Law of Succession to Estates of Deceased Persons in Chilean Private International Law -- Court Decision -- Foreign Proprietary Security Rights Failing to Comply with National Publicity Standards to Be Accepted? On Case No. 3 OB 249/18S of the Austrian Supreme Court of Justice -- Forum -- The Legal Position of the Weaker Party in B2B Relationships with Online Platforms in the European Union – An Analysis of Dispute Resolution Mechanisms in Regulation (EU) 2019/1150 -- "Almost" Universal Jurisdiction -- Public Policy Exceptions in U.S. and European Private International Law – An Ultimate Fortress for Social and Environmental Standards? -- Choice of Law in The European Union – Common Law Procedure and Evidence -- Decentralized Autonomous Organizations (DAOs) in the Swiss Legal Order -- Bridging the Gap in the OHADA Treaty with Respect to the Interpretative Role of the CCJA in Arbitration Matters -- Index

A trope of international law scholarship is that the United States is an "exceptionalist" nation, one that takes a distinctive (frequently hostile, unilateralist, or hypocritical) stance toward international law. However, all major powers are similarly "exceptionalist," in the sense that they take distinctive approaches to international law that reflect their values and interests. We illustrate these arguments with discussions of China, the European Union, and the United States. Charges of international-law exceptionalism betray an undefended assumption that one particular view of international law (for scholars, usually the European view) is universally valid.

This book examines the concept of nationality of means of transportation in terms of jurisdiction in international law. It reassesses the definition of nationality and explores how it is conferred. The book first places nationality in the broader perspective of jurisdiction in international law, and examines the historical development and necessity of the nationality of means of transportation. It goes on to investigate whether and under which conditions international organizations may confer a 'nationality' on means of transportation, examining the law of the sea conventions and air and space treaties. The book finally explores several questions relating to international registration of means of transportation, building a regime of international registration. Vincent Cogliati-Bantz introduces a necessary distinction between transport internationally registered and transport registered in a State but fulfilling a mission for an international organization. As a work that proposes the ability for international organisations to access international spaces without reliance on State-registered means of transport, this book will be of great use and interest to scholars and students of public international law, international organisations, and maritime, space, and aviation law.

The application of mandatory rules in private international law of contracts is a controversial topic of growing international concern. Legislatures are increasingly intervening in private contracts in order to protect the economic interests of state, or the interests of vulnerable groups, such as consumers or employees. This thesis addresses two major contexts in which the application of mandatory rules arises, namely the restriction of party autonomy by the application of certain mandatory rules of a law, other than the chosen law, and the application of internationally mandatory rules of th

Preliminary Material /Patrícia Galvão Teles and Manuel Almeida Ribeiro --Copyright Page /Patrícia Galvão Teles and Manuel Almeida Ribeiro --Note from the Editors /Patrícia Galvão Teles and Manuel Almeida Ribeiro --Notes on Contributors /Patrícia Galvão Teles and Manuel Almeida Ribeiro --Chapter 1 Prologue - One Hundred Years of International Justice and Its Contribution to the Development of International Law /Patrícia Galvão Teles --Part 1 The Contribution of International Courts and Tribunals to the Methodology of International Law /Patrícia Galvão Teles and Manuel Almeida Ribeiro --Introduction /Manuel Almeida Ribeiro --Chapter 2 Method and Style in International Law, and the International Court of Justice's Contribution /Michael Wood --Chapter 3 The Authority of the Precedents of the International Court of Justice in the Argumentative Practice in International Law /Karem L. Cárdenas Ynfanzón --Part 2 The Contribution of International Courts and Tribunals to the Development of Procedural Rules /Patrícia Galvão Teles and Manuel Almeida Ribeiro --Introduction /Laurence Boisson de Chazournes --Chapter 4 The "Sparse Axiomatic Statement of Article 41" of the Statute of the International Court of Justice and the Court's Latest Orders: Pathemata Mathemata /Stratis G. Georgilas --Chapter 5 How International Courts Avoid the Exercise of Their Jurisdiction - the Competence of Competence and "Inverted Judicial Activism" /Anna Czaplińska --Chapter 6 Enhancing the International Court of Justice Procedures in Order to Promote Community Interests /Paula Wojcikiewicz Almeida --Part 3 Recent Case-Law of the International Court of Justice (ICJ) and Its Significance for International Law /Patrícia Galvão Teles and Manuel Almeida Ribeiro --Introduction /Joanna Gomula --Chapter 7 Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile) before the ICJ /Claudio Grossman --Chapter 8 The Law-Making Effect of ICJ Advisory Opinions /Giulia Bernabei --Chapter 9 "Know Thyself" /Ioannis Konstantinidis --Chapter 10 Reparation for Injuries and beyond - the Design of the Personality and Powers of International Organizations by International Courts /Rita Guerreiro Teixeira --Part 4 The Contribution of the International Tribunal for the Law of the Sea (ITLOS) to the Developement of the Law of the Sea /Patrícia Galvão Teles and Manuel Almeida Ribeiro --Introduction /Fernando Loureiro Bastos --Chapter 11 The Contribution of ITLOS to the Development of International Law for Protection of the Marine Environment and Conservation of Living Resources /Nilüfer Oral --Chapter 12 Implications of the M/V "Norstar" Case ( Panama v. Italy ) and the M/T "San Padre Pio" Case ( Switzerland v. Nigeria ) for the Further Development of the Law of the Sea /Vasco Becker-Weinberg --Chapter 13 Limits on the Use of Force at Sea in the Jurisprudence of ITLOS /Maria Emilynda Jeddahlyn Pia V. Benosa --Part 5 Investor-State Dispute Settlement and Its Impact on International Investment Law /Patrícia Galvão Teles and Manuel Almeida Ribeiro --Introduction /Catherine Kessedjian --Chapter 14 The Quest for "Consistency" in International Investment Jurisprudence and the Idea of a Multilateral Investment Court /Somesh Dutta --Chapter 15 Arbitration Procedure in Bilateral Investment Treaties - Interactions between National, European and International Courts /Łukasz Dawid Dąbrowski --Part 6 General Conclusions /Patrícia Galvão Teles and Manuel Almeida Ribeiro --Chapter 16 The Future of the Contribution of International Justice to the Development of International Law - a Plea for (Some) Disorder /Pierre Bodeau-Livinec --Index /Patrícia Galvão Teles and Manuel Almeida Ribeiro.

Reviews issues of court competence.