Private Law Books - Page 4

Rule-of-law Tools for Post-conflict States: Mapping the Justice Sector

United Nations

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Editorial Review:

Countries emerging from conflict often suffer weak or non-existent rule of law, inadequate law enforcement and justice administration capacity, and increased instances of human rights violations. This situation is often exacerbated by a lack of public confidence in State authorities and a shortage of resources. These rule-of-law tools will provide practical guidance to field missions and transitional administrations in critical transitional justice and rule of law-related areas. This publication specifically addresses the issue of mapping the justice sector and some key related institutions and is intended to assist United Nations field staff in understanding how the justice sector actually worked in the State prior to and during the conflict, and how it should function if the rule of law is to take root.

Rule-of-law Tools for Post-conflict States: Monitoring Legal Systems

United Nations

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Subjects -> Law -> Perspectives on Law -> Conflict of Laws

Editorial Review:

Countries emerging from conflict often suffer weak or non-existent rule of law, inadequate law enforcement and justice administration capacity, and increased instances of human rights violations. This situation is often exacerbated by a lack of public confidence in State authorities and a shortage of resources. These rule-of-law tools will provide practical guidance to field missions and transitional administrations in critical transitional justice and rule of law-related areas.This publication specifically addresses human rights monitoring of the justice system through the creation of a methodology.

The Transfer of Property in the Conflict of Laws: Choice of Law Rules concerning Inter Vivos Transfers of Property (Oxford Private International Law Series)

Janeen M. Carruthers

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Subjects -> Business & Investing -> Investing -> General AAS
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Editorial Review:

This book provides a detailed and up-to-date exposition of English and Scottish rules of choice of law in inter vivos transfers of property. It traces the development of the lex situs rule, and its application to inter vivos dealings with immovable property, tangible movable property (including the special case of cultural property), and intangible movable property (including indirectly held securities). The author offers two alternative models of suggested choice of law rules in property, introducing a greater degree of flexibility into choice of law rules in property, and formulates even-handed solutions to the complex problems of space, time and policy which arise in this area of the conflict of laws.

International Co-operation in Civil and Criminal Matters

David McClean

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Editorial Review:

For over a century states have co-operated in providing evidence for use in civil trials in other countries. The growth of international crimes such as drug-trafficking, money-laundering, terrorism, and insider-trading now pose a substantial threat to the economies and stabilities of states, and governments and international organizations have been quick to expand past civil law experience into a variety of responses - both diplomatic and institutional - to the new international crimes. This new edition draws on recent international events, new legislation, and important developments under the aegis of the EC, but retains an important awareness of both civil and criminal dimensions. It will be a useful book to litigation professionals, legislators, and policy-makers.

Declining Jurisdiction in Private International Law (Oxford Monographs in Private International Law)

J. J. Fawcett

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Editorial Review:

This work addresses the issue of declining jurisdiction in private international law, a subject of immense scholarly and practical importance. It contains 17 national reports and the general report on the subject of "Rules for declining to exercise jurisdiction' which were written for the XIVth congress of the International Academy of Comparative Law held in Athens/Delphi last year. Written by a group of leading scholars, these original papers will be a of great interest to all those interested in the Conflict of Laws and International commercial litigation.

Civil Jurisdiction Rules of the EU and their Impact on Third States (Oxford Private International Law)

Thalia Kruger

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Editorial Review:

This book covers the development and current position of civil jurisdiction rules in the EU, with an analysis of the three main regulations on civil jurisdiction and the effect of these rules on parties domiciled or habitually resident outside the EU, particularly with regard to the recognition and enforcement of judgments made within the EU in external jurisdictions. The book also looks into the institutional issue of external relations the European Community maintains with third States, principally how these third States are able to conclude international agreements with EU Member States.

The Conflict of Laws (Clarendon Law Series)

Adrian Briggs

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Subjects -> Law -> English Law -> Business

Editorial Review:

Could you sue in England if you made a contract with someone overseas, or if you had an accident overseas? If you were to sue in England in one of these cases, which country's laws would be applied? Would you have anything to worry about if you were sued overseas but didn't intend to go back to the country concerned? Could you take steps in England to stop someone suing you overseas?

The Conflict of Laws provides a complete yet accessible survey of English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized across Europe) and the effect of foreign judgments in England. It looks at the principles of choice of law for cases which have an international element, for example contracts made or performed in other jurisdictions or with other parties, torts committed overseas or by foreign parties, international fraud, dealings with property overseas, and family and personal matters (particularly marriage, divorce, and annulment) across different jurisdictions. As the law becomes less 'English' and more 'European', real and difficult questions are generated by there being two sources of legislative authority, and two streams of judicial authority: mapping how they come together is a big challenge. This fully updated second edition explores how these changes are altering the foundations of the subject.

In the established tradition of the Clarendon Law Series, The Conflict of Laws is both an introduction to the subject and a critical consideration of its central themes and debates.

International Survey of Family Law

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Editorial Review:

The International Survey of Family Law is the International Society of Family Law's annual review of developments in family law across the world. The 2002 edition contains contributions from 28 countries written by leading academic authors most of whom are members of the Society. With its breadth of coverage, much of it unavailable elsewhere, The International Survey of Family Law is an invaluable resource offering a complete picture of family law across the world today.

The Law of State Immunity (Oxford International Law Library)

Hazel Fox QC

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Editorial Review:

The doctrine of State immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for State violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Still others argue that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible.
This fully restructured new edition addresses all of these issues by reference to the United Nations Convention on Jurisdictional Immunities of States and their Property. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, Hazel Fox explores both the law as it stands, and what it could and should be in years to come.

The American Choice-of-Law Revolution in the Courts: Past, Present and Future (The Hague Academy of International Law Monographs)

Symeonides, C.

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Editorial Review:

This book is an updated and expanded version of the General Course delivered by the author at the Hague Academy of International Law in 2002. The book chronicles and evaluates the intellectual movement known as "the revolution" in American private international law. This movement began in the 1960s, caught fire in the '70s, spread in the '80s and declared victory in the '90s, leading to the abandonment of the centuries-old choice-of-law system, at least for torts and contracts. This book:

explores the revolution's philosophical and methodological underpinnings;
provides the most comprehensive and systematic analysis of court decisions following the revolution;
identifies the revolution's successes and failures; and
proposes ways and means (including a new breed of "smart" choice-of-law rules) to turn the revolution's victory into success.