By Mehren, A.T. von
This e-book is a revised and multiplied model of the overall path introduced by means of the writer on the Hague Academy of overseas legislations in 1996. It includes 3 elements that debate concept and perform of adjudicatory authority in inner most foreign legislations in comparative standpoint targeting the U.S., Germany and the eu Union. the 1st half examines the principles and emergence of jurisdictional concept elaborating at the different types of adjudicatory authority and the layout of jurisdictional provisions. half covers easy topics and pervasive concerns reflecting, inter alia, at the actor sequitor discussion board rei precept, collection of discussion board agreements, discussion board non conveniens, antisuit injunctions and the lis pendens doctrine. The final half explores the function of overseas tools for attaining convergence and harmonization. It analyzes the layout of judgments conventions and specifically the efforts of the Hague convention on inner most foreign legislation to foster around the world harmonization.
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Additional resources for Adjudicatory Authority in Private International Law (The Hague Academy of International Law Monographs)
See idem, 9-16. 17 18 Chapter I (a) The principal theoretical accounts Over time, the circumstances that sustained explanations and justiﬁcations supernatural or traditional in nature eroded and were replaced by more rational and secular explanations. Growing social mobility and the increasing scope and tempo of commercial activity were among the forces that called into question the traditional order of society. Inevitably, supernatural and traditional explanations of the sources of governmental authority encountered increasing resistance; older views were challenged by more worldly and, ultimately, instrumental political philosophies.
See also von A. Mehren and D. Trautman, “Jurisdiction to Adjudicate: A Suggested Analysis”, 79 Harv. L. Rev. 1121-1179, espc. at 1135-1137, 1164-1166 (1966); A. von Mehren, “Adjudicatory Jurisdiction: General Theories Compared and Evaluated”, 63 Boston U. L. Rev. 279, at 282-290 (1983). 33 The former can be asserted by individuals or juristic persons considered to be connected either directly – through, for example, his physical presence, the doing of business, incorporation, habitual residence, or domicile – or indirectly – in particular, through the ownership of local property – with a legal order in a manner that establishes, subject to relatively limited exceptions, a legal order’s power to adjudicate essentially any kind of controversy involving that person regardless whether the matters in issue derive from, or are related to, the circumstances relied upon to establish adjudicatory authority.
30 A ﬁnal diﬃculty is that the terms tend to obscure the policy considerations that are relevant in evaluating the appropriateness of exercising adjudicatory authority. For example, so-called jurisdiction “quasi in rem” suggests that a close relationship at the level of theory exists with jurisdiction “in rem”. These relationships may be considered strong by systems that accept the power theory but are weak in the light of other rationales. 31 3. Terminology and Concepts for Comparative and Theoretical Purposes: Herein of General Jurisdiction, Category-Specific Jurisdiction, and Specific Jurisdiction In the early 1960s my late colleague Professor Donald Trautman and I proposed a lingua franca32 designed not only for the discussion of jurisdictional bases used in the United States but for comparative analysis as well.