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Vol 24 No 9 Sept/Oct 2019

Book of the Month

Cover of The Anti-Suit Injunction

The Anti-Suit Injunction

Price: £195.00

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Rethinking Judicial Jurisdiction in Private International Law: Party Autonomy, Categorical Equality and Sovereignity


ISBN13: 9781509924776
To be Published: January 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



This book explores the theory and practice of judicial jurisdiction within the field of the conflict of laws or private international law. It offers a revised look on values justifying the power of courts to hear and decide cross-border disputes. It demonstrates that re-conceptualisation of jurisdiction is needed. Rather than deriving from the territorial power of the states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. Party autonomy can be limited by considerations of categorical equality in view of protecting certain categories of private parties and limited state sovereign interests that are essential to preserve the integrity of the international system.

The book further applies this normative view to the existing rules of jurisdiction in the European Union, the common law, and the Russian Federation. These regimes are chosen because of their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these targeted regimes reveal a surprising consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. Therefore, the book shows to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors. It proposes ways to improve the current rules.

Series: Studies in Private International Law

Planning the Future of Cross Border Families: A Path Through Coordination ISBN 9781509919864
To be published May 2020
Hart Publishing
£85.00
Private International Law in Nigeria ISBN 9781509911134
To be published May 2020
Hart Publishing
£95.00
Place of Performance: A Comparative Analysis ISBN 9781509936205
To be published May 2020
Hart Publishing
£80.00
The Private International Law of Authentic Instruments ISBN 9781509907632
To be published April 2020
Hart Publishing
£80.00
Clawback Law in the Context of Succession ISBN 9781509932320
To be published March 2020
Hart Publishing
£70.00
The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509936410
To be published February 2020
Hart Publishing
£40.00
Economic Sanctions in EU Private International Law ISBN 9781509933518
To be published January 2020
Hart Publishing
£85.00
Recognition and Enforcement of Judgments in Civil and Commercial Matters
Edited by: Anselmo Reyes
ISBN 9781509924257
Published September 2019
Hart Publishing
£110.00
£76.50 + £15.30 VAT
(ePub)
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The Choice of Law Contract ISBN 9781509926800
Published January 2019
Hart Publishing
£29.99
Forum Non Conveniens in England: Past, Present, and Future (eBook) ISBN 9781509925780
Published December 2018
Hart Publishing
£45.00 + £9.00 VAT
(ePub)
Buy
Forum Non Conveniens in England: Past, Present, and Future ISBN 9781782256403
Published December 2018
Hart Publishing
£50.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
Published January 2018
Hart Publishing
£34.99
Cross-Border Litigation in Europe ISBN 9781782256762
Published November 2017
Hart Publishing
£90.00
Cross-Border Litigation in Europe (eBook) ISBN 9781782256779
Published November 2017
Hart Publishing
£81.00 + £16.20 VAT
(ePub)
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£80.00
£72.00 + £14.40 VAT
(ePub)
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Maintenance And Child Support in Private International Law ISBN 9781509915507
Published June 2017
Hart Publishing
£31.99
£24.99
The Choice of Law Contract ISBN 9781849467643
Published July 2016
Hart Publishing
£65.00
The Choice of Law Contract (eBook) ISBN 9781509901029
Published July 2016
Hart Publishing
£26.98 + £5.40 VAT
(ePub)
Buy
Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781509909285
Published June 2016
Hart Publishing
£41.99
Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
Published October 2015
Hart Publishing
£75.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
Published October 2015
Hart Publishing
£31.48 + £6.30 VAT
(ePub)
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Maintenance And Child Support in Private International Law (eBook) ISBN 9781509903566
Published March 2015
Hart Publishing
£28.78 + £5.76 VAT
(ePub)
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Maintenance And Child Support in Private International Law ISBN 9781849467179
Published March 2015
Hart Publishing
£70.00
£22.48 + £4.50 VAT
(ePub)
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£60.00
Recovery of Maintenance in the EU and Worldwide (eBook)
Edited by: Paul Beaumont
ISBN 9781782254690
Published July 2014
Hart Publishing
£37.78 + £7.56 VAT
(ePub)
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Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781849465731
Published July 2014
Hart Publishing
£95.00
The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
Published November 2013
Hart Publishing
£76.50 + £15.30 VAT
(ePub)
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The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
Hart Publishing
£85.00
£67.50 + £13.50 VAT
(ePub)
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Child Abduction within the European Union ISBN 9781849463973
Published March 2013
Hart Publishing
£70.00
Child Abduction within the European Union (eBook) ISBN 9781782250838
Published March 2013
Hart Publishing
£63.00 + £12.60 VAT
(ePub)
Buy
Intellectual Property and Private International Law: Comparative Perspectives (eBook)
Edited by: Toshiyuki Kono
ISBN 9781847319708
Published June 2012
Hart Publishing
£225.00 + £45.00 VAT
(ePub)
Buy
Intellectual Property and Private International Law: Comparative Perspectives
Edited by: Toshiyuki Kono
ISBN 9781849462310
Published June 2012
Hart Publishing
£250.00
The Governing Law of Companies in EU Law ISBN 9781849462969
Published April 2012
Hart Publishing
£70.00
The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
Published April 2012
Hart Publishing
£63.00 + £12.60 VAT
(ePub)
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£130.00
£117.00 + £23.40 VAT
(ePub)
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Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
Published October 2011
Hart Publishing
£65.00
Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
Published October 2011
Hart Publishing
£58.50 + £11.70 VAT
(ePub)
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International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
Published August 2011
Hart Publishing
£63.00 + £12.60 VAT
(ePub)
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International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
Published August 2011
Hart Publishing
£70.00
Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
Published April 2011
Hart Publishing
£49.48 + £9.90 VAT
(ePub)
Buy
Cases and Materials on EU Private International Law ISBN 9781849460279
Published April 2011
Hart Publishing
£54.99
Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
Published December 2010
Hart Publishing
£90.00
£81.00 + £16.20 VAT
(ePub)
Buy
Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
Published April 2010
Hart Publishing
£60.00
Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
Published September 2009
Hart Publishing
Out of print