The Conflict of Laws, also known as private international law, is a field of the greatest importance in an increasingly globalized world. The analysis of any legal issue, in a case involving more than one country, must start with an assessment of which court could potentially hear the case and which law it would apply
Author: Frank Bates (LL. M.)
Release Date: 2015-06-23
Genre: Conflict of laws
Conflict of Laws as Taxonomy: A New Approachoffers a unique analytical and doctrinal approach to the conflict of laws. Its purpose is to review and assess the traditionally accepted methodology and taxonomy used in the resolution of cross-jurisdictional matters and to suggest alternative ways in which such matters may be classified, with resulting practical application to the conduct of cross-border disputes. Format: Paperback The author of this text provides a fresh comparative approach towards key issues, as well as examining the various theories that have been devised to explain the ways in which different approaches have been justified. This comparative discussion highlights the strengths and weaknesses of particular jurisdictionsoÂeÂ(tm) treatment of the conflict of laws and uses this to develop an understanding of these differences. This is essential knowledge in preparing for the jurisprudential approach likely to be applied in those jurisdictions in overseas practice and litigation. Of particular relevance is the consideration of the divergence between courts in the United Kingdom (because of its membership of the EU), the United States (which has, for nearly 200 years pursued a more jurisprudential approach) and Australia. In the current environment of increasing globalisation, the book will be of great benefit to practitioners and litigators involved in cross-jurisdictional matters, while its scholarly and authoritative analysis will engage and inform researchers and students of conflict of laws, comparative law and jurisprudence. Features oÂeo Unique analytical and doctrinal approach to conflict of laws oÂeo Detailed comparative examination of the approaches across UK, US and Australian jurisdictions oÂeo Extensive review of case law Related LexisNexis Titles Davies, Bell & Brereton, NyghoÂeÂ(tm)s Conflict of Laws in Australia, 9th edition, 2014 Mortensen, Garnett & Keyes, Private International Law in Australia, 3rd edition, 2015
Author: Laura E. Little
Publisher: Wolters Kluwer Law & Business
Release Date: 2014-11-12
Award-winning teacher Laura Little offers a progressive, innovative approach to teaching complex material in the new casebook, Conflict of Laws. In a subject where there are few "right" answers and plenty of room for debate, this casebook offers a contemporary alternative to the subject by connecting coverage of key issues and concepts to law practice using modern cases-and-problem pedagogy. Features: Award-winning teacher and respected author Laura Little brings her considerable expertise in federal courts, conflict of laws, and constitutional law to the subject. Well-balanced casebook presents the deep jurisprudential lessons imbedded in the conflict of laws subject matter. Proven cases-and-problems pedagogy helps students apply concepts. Maintains a clear presentation of doctrines relevant to current law practice. Thematic approach puts conflicts of law in the context of actual issues confronted in law practice. Clear, straightforward writing avoids the "hide the ball" approach of many other books and maximizes accessibility to difficult material. Innovative organization, beginning with personal jurisdiction, follows the way issues arise in litigation and highlights the importance of forum selection. Highly adaptable modular presentation allows professors to customize approach. Contemporary cases and hypotheticals allow students to apply rules to current situations, while hallmark cases maintain continuity with the development of the discipline. Full coverage of current topics such as Internet issues, same-sex marriage, choice of law clauses, and class actions. International and comparative materials cover global aspects of conflicts. Emphasis on the Restatement (Second) of Conflicts, now the predominant United States approach but insufficiently covered in most other texts. Online PowerPoint slides, charts, and diagrams support teachability. Comprehensive Teachers Manual includes answers to every problem, teaching suggestions, sample syllabi, and a graphical depiction of each main case, as well as unique insights and case backgrounds. The purchase of this Kindle edition does not entitle you to receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. In order to receive access to the hypothetical questions complemented by detailed explanations found in the Examples & Explanations, you will need to purchase a new print casebook.
Author: Rudolf B. Schlesinger
Publisher: Foundation Pr
Release Date: 1998
Among the developments considered are the legal changes that have resulted from the demise of the Soviet empire and of ?socialist ? law; the continuing impact that both European Community law and regional human rights law have had on the internal legal systems of European countries; concomitant tensions toward a revised ?common law of Europe? and toward a closer ?convergence? between civil and common law systems; and renewed attention to the methodological problems faced by comparative law, in part because of these other developments.
Author: Trevor C. Hartley
Publisher: Cambridge University Press
Release Date: 2009-07-09
This carefully structured, practice-orientated textbook provides everything the law student needs to know about international commercial litigation. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into litigation in English courts. Three important themes of the book analyse how the international element may call into question the power of the court to hear the case, whether it should exercise this power, whether foreign law applies, and whether the court should take into account any foreign judgement. Hartley provides the reader with extracts from leading cases and relevant legislation, together with an extensive reference library of further reading for those who wish to explore the topic in more detail, making this a valuable, single-source textbook. The title will benefit from a companion website, setting out all relevant case law developments for the students.
Author: Alison Jones
Publisher: Oxford University Press
Release Date: 2016-08
The essential guide to EU competition law for students in one volume; extracts from key cases, academic works, and legislation are paired with incisive critique and commentary from two leading experts in the field. In this fast-paced subject area, Alison Jones and Brenda Sufrin carefully highlight the most important cases, legislation, and developments to allow students to navigate the breadth of legislation and case law. With their clear explanations and commentary, the authors provide invaluable support to students as they approach this complex and highly technical area of law. Extracts provide opportunities for students to understand the law in practice, and to see its relevance to business. Indispensable for undergraduate and postgraduate students alike, this is the standalone guide to the competition law of the EU. The text is accompanied by an Online Resource Centre containing: -An additional chapter on State Aid -An interactive map and timeline of the EU -Web links -Updates in the law
Author: Peter P. C. Haanappel
Publisher: Kluwer Law International B.V.
Release Date: 2003-01-01
This is a policy oriented and comparatively oriented textbook on air and space law for students and practitioners. It covers the history and development in air and space law; their interrelationships with the law of the seas and the law of Antartica; institutions working in the field of air and space law; sovereignty in national penal air law; private international air law, especially liability law; and public and private space law Much attention is devoted to the law of air commerce: bilateral air services agreements; inter-airline co-operation; the effect of competition, antitrust and European Union law; deregulation, privatization and commercialization of air transport; ownership and control of airlines, and airline alliances; multilateralisation of air transport; and congestion and environmental controls. The last chapter of the book briefly deals with the legal aspects of commercial outer space application. Increasingly, air transport, both in fact and in law, is becoming an ordinary industry like any other and is being treated as such. Rapidly, commercial outer space activities are being privatized and commercialized.