Adjudicatory Authority in Private International Law (The by Mehren, A.T. von

Adjudicatory Authority in Private International Law (The by Mehren, A.T. von

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.

Show description

Read or Download Adjudicatory Authority in Private International Law (The Hague Academy of International Law Monographs) PDF

Best foreign & international law books

Fault Lines of International Legitimacy

Fault strains of foreign Legitimacy bargains with the next questions: What are the gains and features of legitimacy within the overseas realm? How does overseas legitimacy, as exemplified particularly via multilateral norms, companies, and rules, swap over the years? What function does the overseas distribution of energy and its evolution have within the institution and transformation of legitimacy paradigms?

Post-conflict Administrations in International Law

Drawing at the context during which the management of territory through overseas actors has resurfaced, and at the felony framework acceptable to post-conflict administrations and peace-building operations, this booklet analyses the perform of the reconstruction procedures in Kosovo, East Timor, Afghanistan and Iraq.

Ethical Dimensions of the Foreign Policy of the European Union : a Legal Appraisal

How does the ecu advertise principles akin to human rights in family with 3rd States?

Immunity of Heads of State and State Officials for International Crimes

Ramona Pedretti bargains, for the 1st time, a accomplished evaluation of the principles of accepted overseas legislations when it comes to immunity of Heads of nation and different country officers within the context of crimes pursuant to foreign legislations and their dating with middle rules of overseas legislations. The ebook provides the reader a whole photograph of this topical factor that's positioned on the middle of modern improvement of foreign legislations.

Additional resources for Adjudicatory Authority in Private International Law (The Hague Academy of International Law Monographs)

Example text

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.

Download PDF sample

Rated 4.06 of 5 – based on 5 votes
Comments are closed.