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A nation's prosperity depends not only on the willingness of its businesses to export goods and services, and of its citizens and residents to travel to take advantage of opportunities overseas, but also on the willingness of the businesses and citizens of other nations to cross the nation's borders to do business. Economic expansion, and parallel increases in tourism and immigration, have brought Australians more frequently into contact with the laws and legal systems of other nations. In particular, in recent years, trade with partners in the Asia-Pacific Region has become increasingly important to the nation's future. At the same time, Australian courts are faced with a growing number of disputes involving foreign facts and parties. In recognition of these developments, and the need to ensure that the applicable rules meet the needs both of transacting parties and society, the Attorney-General's Department launched in 2012 a full review of Australian rules of private international law. This collection examines the state and future of Australian private international law against the background of the Attorney-General's review. The contributors approach the topic from a variety of perspectives (judge, policy maker, practitioner, academic) and with practical and theoretical insights as to operation of private international law rules in Australia and other legal systems. This title is included in Bloomsbury Professional's International Arbitration online service.
Aimed at students and practising lawyers, this book sets out the principles of law that operate when an issue with legal consequences is not confined to a single jurisdiction. This third edition has been extensively revised to include many judicial decisions and legislative amendments. Contains extensive tables of cases, statutes, international conventions, rules and regulations. First published in 1979.
This paper is divided into two parts. The first part seeks to give a brief explanation of Singapore private international law for the benefit of readers who may be unfamiliar with it. While there has been no attempt at a comprehensive examination and reform of the whole corpus of private international law as in Australia,[1] Singapore law has deviated in some ways from the English common law. The second part of this paper seeks to discuss judicial co-operation, which is becoming an increasing necessity in the era of globalisation. Specifically, the paper will focus on two issues which are the subject of recent developments, namely, the method of proving foreign law and co-operation in cross-border insolvencies.
A nation's prosperity depends not only on the willingness of its businesses to export goods and services, and of its citizens and residents to travel to take advantage of opportunities overseas, but also on the willingness of the businesses and citizens of other nations to cross the nation's borders to do business. Economic expansion, and parallel increases in tourism and immigration, have brought Australians more frequently into contact with the laws and legal systems of other nations. In particular, in recent years, trade with partners in the Asia-Pacific Region has become increasingly important to the nation's future. At the same time, Australian courts are faced with a growing number of disputes involving foreign facts and parties. In recognition of these developments, and the need to ensure that the applicable rules meet the needs both of transacting parties and society, the Attorney-General's Department launched in 2012 a full review of Australian rules of private international law. This collection examines the state and future of Australian private international law against the background of the Attorney-General's review. The contributors approach the topic from a variety of perspectives (judge, policy maker, practitioner, academic) and with practical and theoretical insights as to operation of private international law rules in Australia and other legal systems. This title is included in Bloomsbury Professional's International Arbitration online service.
"The fifth edition of this highly regarded book provides a clear and comprehensive analysis of the principles of private international law and the methods by which such principles are applied to cross-border legal problems in Australia. Important recent developments in Australian private international law are discussed, together with legislative reforms and significant decisions, particularly of Australian courts. The fifth edition introduces chapters on the taking of evidence across state and national borders. The book provides an in-depth examination of the following subjects: introduction to private international law, civil jurisdiction and judgments in international litigation, civil jurisdiction and judgments in Australia and New Zealand, taking of evidence for Australian and foreign court proceedings, applicable law method, international family law, applicable law for obligations, applicable law for property, international company law. An understanding of the fundamental concepts in private international law is becoming increasingly important in legal practice, and the accessible style of this text makes it invaluable to both students and practitioners."--Publisher.
International Law in Australia is the third edition in a landmark series that since 1965 has tracked the development and significance of international law for Australia. With eminent contributors from academia, government and the profession, International Law in Australia provides an exhaustive and contemporary account of Australia¿s interactions with international law in the 21st century. The work divides into analysis of critical aspects of Australia¿s international law engagement with international organisations, treaty making, dispute resolution and the interaction of international law with Australian law. Consideration is also given to Australian state practice and engagement in traditional areas of international law such as law of the sea, international criminal law, international human rights, and international trade law, while areas of international legal practice and engagement particular to Australia such as international resources law, and Australia¿s external territories are also addressed. Australia¿s contributions to the development of international law in areas such as international humanitarian law, and international aviation law are also assessed. The book is essential reading for any international law student, scholar or practitioner seeking a contemporary understanding of Australian practice in and the significance international law holds for Australia.
Provides students and practitioners with a comprehensive analysis of the principles of private international law and the methods by which such principles are applied to legal problems throughout Australia.
International Law: Cases and Materials with Australian Perspectives is the authoritative textbook for Australian international law students. Written by a team of experts, it examines how international law is developed, implemented and interpreted, and features comprehensive commentary throughout. All core areas of the law are covered, with chapters on human rights, law of the sea, international environmental law and enforcement of international law. Cases and treaties are dissected to highlight the key principles, rules and distinctive learning points. This new edition has been thoroughly updated in line with recent developments in the field and includes a new chapter on the use of force, as well as expanded content on the enforcement of international law, including sanctions, law enforcement against pirates and the 2011 Libyan conflict. International Law provides clear and rigorous analysis and is an indispensable resource for law students. Donald R. Rothwell is Professor of International Law at the ANU College of Law at the Australian National University. Stuart Kaye is Professor of Law and Director at the Australian National Centre for Ocean Resources and Security at the University of Woollongong. Afshin Akhtarkhavari is Associate Professor and Reader in Law at the Griffith Law School. Ruth Davis is Lecturer in Law in the Faculty of Law, Humanities and the Arts at the University of Woollongong.