The Hague Convention on International Child Abduction

Author: P. R. Beaumont,Peter E. McEleavy

Publisher: Oxford University Press

ISBN: 0198260644

Category: Law

Page: 332

View: 8966

The Hague Child Abduction Convention has proved to be one of the most widely ratified treaties ever agreed at the Hague Conference on Private International Law. This book provides a much needed systematic analysis of the way in which the Convention has been applied in England and Scotland, with extensive reference to the case law of Australia, Canada, France, New Zealand and the United States. All the key provisions and terms of the Convention are thoroughly explored. The book also provides broader insights into the role of the Hague Conference and the use of habitual residence as a correcting factor. The aim of the Oxford Monographs in Private International Law series, edited by Peter Carter QC, is to publish works of quality and originality in a number of important areas of private international law. The series in intended for both scholarly and practitioner readers.

The Hague Child Abduction Convention

A Critical Analysis

Author: Rhona Schuz

Publisher: A&C Black

ISBN: 1782253084

Category: Law

Page: 530

View: 860

International child abduction is one of the most emotionally charged and fascinating areas of family law practice. The 1980 Hague Convention on the Civil Aspects of International Child Abduction was the response of the international community to the increase in the phenomenon of parental child abduction. However, behind the widely acclaimed success of this Convention - which has now been ratified by more than 90 states - lie personal tragedies, academic controversy and diplomatic tensions. The continuing steady flow of case-law from the various Member States has resulted in the emergence of different approaches to the interpretation of key concepts in the Convention. In addition, over the years other global and regional legal instruments and the recommendations of the Special Commissions have had an impact on the implementation of the Convention. This book brings together all these strands and provides an up-to-date, clear and highly readable discussion of the international operation of the Abduction Convention together with in-depth critical academic analysis in light of the objectives of the Convention and other relevant legal norms, such as the 1989 UN Convention on the Rights of the Child. Throughout the book, examples are brought from case law in many jurisdictions and reference is made to relevant legal and social science literature and empirical research. Over the past decade, increasing focus has been placed on what might be seen as procedural issues, such as separate representation for children, undertakings, judicial liaison and mediation. The book analyses the significance of these developments and the extent to which they can help resolve the continuing tension between some of the objectives of the Convention and the interests of individual children. This book will be essential reading for judges, practitioners, researchers, students, policy-makers and others who are seeking a critical and informed analysis of the latest developments in international abduction law and practice. From the Foreword by Brenda Hale, Justice of the Supreme Court of the United Kingdom 'This book is, as far as I am aware, the first scholarly monograph to study the interpretation and application of the Convention across the whole legal space which it occupies and to critically assess these in light of the object and purposes of the Convention and other relevant legal norms. Cases are drawn from many jurisdictions to discuss how different countries interpret the Convention and links are made with relevant statistical, social and psychological research in a thoughtful discussion of the significance of such material both to judicial decision-making and to policy development...a study which deserves to be read by anyone with an interest in the modern phenomenon of international child abduction, whether judge, practitioner, policy-maker, parent, researcher or scholar. There is plenty for us all to think about.'

The Arrest of Ships in Private International Law

Author: Verónica Ruiz Abou-Nigm

Publisher: Oxford University Press

ISBN: 0199581355

Category: Law

Page: 278

View: 3457

Analysing the arrest of ships in English and Scots law in the light of the international conventions in the field this book examines the protective, security, and jurisdictional functions of arrest within the three classical domains of private international law: applicable law, jurisdiction, and the recognition and enforcement of foreign judgments.

Intellectual Property and Private International Law

Author: James J. Fawcett,Paul Torremans

Publisher: Oxford University Press

ISBN: 019955658X

Category: Law

Page: 986

View: 5410

The new edition of this highly regarded work has been fully updated to encompass major developments in the law. The disciplines of intellectual property and private international law are increasingly obliged to cooperate with the other. This book deals with these matters in a comprehensive way and in doing so it adopts a comparative approach.

The Rome II Regulation

The Law Applicable to Non-contractual Obligations

Author: Andrew Dickinson

Publisher: Oxford University Press on Demand

ISBN: 0199588465

Category: Law

Page: 180

View: 4263

This updating supplement brings the Main Work The Rome II Regulation up to date and incorporates substantive developments since publication of the book in December 2008. In particular it draws attention to legislation implementing the Regulation in the United Kingdom, to recent ECJ cases concerning other EC private international law instruments, to new decisions of the English courts concerning the pre-Regulation rules of applicable law, and to recent books and journal articles providing further colour to the picture surrounding the Regulation since its adoption in January 2009. It is an essential purchase for all who already own the Main Work, and maintains its currency.

Cross-border Enforcement of Patent Rights

An Analysis of the Interface Between Intellectual Property and Private International Law

Author: Marta Pertegás Sender

Publisher: Oxford University Press on Demand

ISBN: 9780199249695

Category: Law

Page: 313

View: 9728

The enforcement of patent rights raises complex, and, from a private international law perspective, unique difficulties. Since intellectual property practitioners started to seek the consolidation of cross-border patent disputes, the interplay of private international rules has led to drastic changes in patent litigation across Europe. This book analyses in detail both the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules as they apply to cross-border patent disputes, and will be essential reading for both intellectual property lawyers and international commercial litigation specialists. At the jurisdictional stage, the basic question is whether the current jurisdictional framework provides a basis for the concentration of related litigation. For jurisdictional purposes, patent enforcement is a tort. Accordingly, cross-border patent enforcement attempts may generally be undertaken at the forum of the defendant's domicile, the place of the tort and, as far as provisional measures are concerned, another forum with a sufficient connection to the dispute. On the other hand, the application of the current jurisdictional framework to international patent infringement disputes leads to significant difficulties such as the pre-emptive effect of proceedings pending abroad or the jurisdictional consequences of a patent validity challenge. At the choice of law stage, this book provides a comparative overview of the rather unexplored issues arising in multinational patent enforcement. De lege feranda, it seems that, in view of the territorial nature of patents, a distributive application of the law of the protecting State (lex loci protectionis) appears to be the most consistent choice of law rule.

Procedural Law in International Arbitration

Author: Georgios Petrochilos

Publisher: Oxford University Press on Demand

ISBN: N.A

Category: Law

Page: 436

View: 5986

This book comprehensively analyses the relevant legislative practice of all major arbitration venues in the world, as well as the arbitral practice of a number of arbitral institutions. The book proposes an analytical model for the determination of the procedural law of international arbitration, as well as a number of 'model' legislative provisions of substantive and private international law.

A Dictionary of Law

Author: Jonathan Law

Publisher: OUP Oxford

ISBN: 0191053783

Category: Law

Page: 704

View: 3533

This best-selling dictionary is an authoritative and comprehensive source of jargon-free legal information. It contains over 4,700 entries that clearly define the major terms, concepts, processes, and the organization of the English legal system. Entries have been fully updated for this edition to incorporate the latest legislation, including entries on foreign national offenders, Police and Crime Commissioners, corporate manslaughter, and settlement agreements, and there is a useful Writing and Citation Guide that specifically addresses problems and established conventions for writing legal essays and reports. Now providing more information than ever before, this edition features recommended web links for many entries, which are accessed and kept up to date via the Dictionary of Law companion website. Described by leading university lecturers as 'the best law dictionary' and 'excellent for non-law students as well as law undergraduates', this classic dictionary is an invaluable source of legal reference for professionals, students, and anyone else needing succinct clarification of legal terms. Focusing primarily on English law, it also provides a one-stop source of information for any of the many countries that base their legal system on English law.

Law and Religion

Author: Richard O'Dair

Publisher: Oxford University Press on Demand

ISBN: N.A

Category: Law

Page: 561

View: 2670

This is the fourth volume of the Current Legal Issues series. Here, contributors discuss a host of issues related to the interaction of religious practice and law. Both common and civil law jurisdictions are represented, as well as a variety of cultural and religious perspectives.

Recueil Des Cours 2015

Collected Courses of the Hague Academy of International Law

Author: Academie de Droit International de La Ha

Publisher: Collected Courses of the Hague

ISBN: 9789004321311

Category: Law

Page: N.A

View: 9004

The Global Horizon of Private International Law, by J. H. A. van Loon, Former Secretary General of The Hague Conference.L'arbitrage dans l'espace OHADA, par P.-G. Pougou�, professeur �m�rite � l'universit� de Yaound� II.The Quest for Legal Certainty in International Civil Cases, by T. Kruger, Professor at the University of Antwerp.

Europäisches Privatrecht in Vielfalt geeint - Droit privé européen: l'unité dans la diversité

Einheitsbildung durch Gruppenbildung im Sachen-, Familien- und Erbrecht? - Convergences en droit des biens, de la famille et des successions?

Author: Christian Baldus,Peter-Christian Müller-Graff

Publisher: Walter de Gruyter

ISBN: 3866538901

Category: Law

Page: 320

View: 1640

Familien, Erb- und Sachenrecht befinden sich zunehmend in einem Spannungsfeld zwischen nationalem Recht und Unionsrecht. Eine Lösung, die möglichst schonend mit historischen und kulturellen Traditionen der EU-Mitgliedstaaten umgeht, ist die differenzierte Integration. Darüber diskutieren die Autoren in diesem Band.

Lebendiges Familienrecht

Festschrift für Rainer Frank zum 70. Geburtstag am 14. Juli 2008

Author: Tobias Helms,Jens Martin Zeppernick

Publisher: Verlag für Standesamtswesen

ISBN: 3801957020

Category: Adoption

Page: 554

View: 2498

Annuaire Des Organisations Internationales

Author: N.A

Publisher: Yearbook of International Orga

ISBN: N.A

Category: Associations, institutions, etc

Page: N.A

View: 5949

Beginning in 1983/84 published in 3 vols., with expansion to 6 vols. by 2007/2008: vol. 1--Organization descriptions and cross references; vol. 2--Geographic volume: international organization participation; vol. 3--Subject volume; vol. 4--Bibliography and resources; vol. 5--Statistics, visualizations and patterns; vol. 6--Who's who in international organizations. (From year to year some slight variations in naming of the volumes).

Internationales Privatrecht

Author: Martin Wolff

Publisher: Springer-Verlag

ISBN: 3642513263

Category: Law

Page: 159

View: 4926

Dieser Buchtitel ist Teil des Digitalisierungsprojekts Springer Book Archives mit Publikationen, die seit den Anfängen des Verlags von 1842 erschienen sind. Der Verlag stellt mit diesem Archiv Quellen für die historische wie auch die disziplingeschichtliche Forschung zur Verfügung, die jeweils im historischen Kontext betrachtet werden müssen. Dieser Titel erschien in der Zeit vor 1945 und wird daher in seiner zeittypischen politisch-ideologischen Ausrichtung vom Verlag nicht beworben.