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Vol 25 No 2 Feb/March 2020

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


ISBN13: 9781509924783
Published: February 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £67.50
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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.

Subjects:
Conflict of Laws, eBooks, Judiciary
Contents:
1. Introduction
2. Reconciliation of Values in Jurisdiction
PART I. PARTY AUTONOMY IN PRIVATE INTERNATIONAL LAW ON JURISDICTION
3. Autonomy as a Foundational Value for Jurisdiction
4. Autonomy in the Law on Jurisdiction: Harmony and Controversy
PART II. PARTY EQUALITY
5. Categorical Equality in the Law on Jurisdiction
6. Jurisdiction in Tort and Contract in the Absence of Choice of Forum: Balance Exercise
PART III. SOVEREIGNTY AND PARTY AUTONOMY
7. Sovereignty and Party Autonomy in Civil and Commercial Jurisdiction
8. Sovereignty and Territoriality in the Law on Jurisdiction
9. Overall Conclusions and Recommendations

Series: Studies in Private International Law

The Private International Law of Authentic Instruments ISBN 9781509907632
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Planning the Future of Cross Border Families: A Path Through Coordination ISBN 9781509919864
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Private International Law in Nigeria ISBN 9781509911134
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Place of Performance: A Comparative Analysis ISBN 9781509936205
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Clawback Law in the Context of Succession ISBN 9781509932320
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Clawback Law in the Context of Succession (eBook) ISBN 9781509932337
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Economic Sanctions in EU Private International Law ISBN 9781509933518
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Economic Sanctions in EU Private International Law (eBook) ISBN 9781509933525
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Recognition and Enforcement of Judgments in Civil and Commercial Matters (eBook)
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Recognition and Enforcement of Judgments in Civil and Commercial Matters
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The Choice of Law Contract ISBN 9781509926800
Published January 2019
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Forum Non Conveniens in England: Past, Present, and Future (eBook) ISBN 9781509925780
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£45.00
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Forum Non Conveniens in England: Past, Present, and Future ISBN 9781782256403
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£50.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
Published January 2018
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£36.99
Cross-Border Litigation in Europe ISBN 9781782256762
Published November 2017
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£95.00
Cross-Border Litigation in Europe (eBook) ISBN 9781782256779
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£36.00
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Maintenance And Child Support in Private International Law ISBN 9781509915507
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The Choice of Law Contract (eBook) ISBN 9781509901029
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£26.99
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The Choice of Law Contract ISBN 9781849467643
Published July 2016
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£70.00
Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781509909285
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£42.99
Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
Published October 2015
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£33.29
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Maintenance And Child Support in Private International Law ISBN 9781849467179
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£75.00
Maintenance And Child Support in Private International Law (eBook) ISBN 9781509903566
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£29.69
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£23.39
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£65.00
Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781849465731
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Recovery of Maintenance in the EU and Worldwide (eBook)
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The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
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The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
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Child Abduction within the European Union (eBook) ISBN 9781782250838
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Child Abduction within the European Union ISBN 9781849463973
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Intellectual Property and Private International Law: Comparative Perspectives (eBook)
Edited by: Toshiyuki Kono
ISBN 9781847319708
Published June 2012
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£247.50
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Intellectual Property and Private International Law: Comparative Perspectives
Edited by: Toshiyuki Kono
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The Governing Law of Companies in EU Law ISBN 9781849462969
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The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
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Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
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Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
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International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
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International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
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Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
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Cases and Materials on EU Private International Law ISBN 9781849460279
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Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
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Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
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Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
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