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Proceedings consider the disagreements between the United States and Europe over recommendations made in the 1999 preliminary draft of the Hague Conference on Private International Law.
This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.
The book’s compelling thesis is that the role of the forum non conveniens should be strengthened and even enhanced, particularly in light of modern advancements such as Internet transactions, efficient jet travel and telecommunications facilitating transfer of documents and testimony. Karayanni argues, more importantly, that in order to face technological complexities, the forum non conveniens doctrine needs to undergo a basic transformation. He proposes that American and English law doctrines similar to the forum non conveniens, like the reasonableness test and the forum conveniens doctrine, be integrated. Published under the Transnational Publishers imprint.
This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The guide is divided into 4 key sections. Theory Institutional and Conceptual Framework Issues Civil and Commercial Law (apart from Family Law) Family Law Each chapter is written by a leading expert(s). The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania. An essential resource for academics, practitioners and students alike.
This is the Twelfth volume of the Hague Yearbook of International Law, which succeeds the Yearbook of the Association of Attenders and Alumni of the Hague Academy of International Law. The title Hague Yearbook of International Law reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Editor's intention to devote attention to developments taking place in those international law institutions, viz. the International Court of Justice, the Permanent Court of Arbitration, the Iran-United States Claims Tribunal, and the Hague Conference on Private International Law. This volume contains in-depth articles on these developments (in English and French) and summaries of (aspects of) decisions rendered by the International Court of Justice, the Permanent Court of Arbitration and the Iran-United States Claims Tribunal, and the Hague Conference on Private International Law.
So rapid have been the developments of e-commerce, that it is now frequently said that this is the future of any commerce and that it carries the potential for enormous growth - at least for the business to business ("B2B") sector. This text covers some important legal issues arising in e-commerce.
This comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH). Written by international experts who have all directly or indirectly contributed to the work of the HCCH, this Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law.
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The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.