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Books on the topic 'Conflict clauses'

Author: Grafiati

Published: 8 June 2024

Last updated: 31 July 2025

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1

Marcel, Fontaine. Drafting international contracts: Analysis of contract clauses. Transnational Publishers, 2006.

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2

Marcel, Fontaine. Droit des contrats internationaux: Analyse et redaction de clauses. 2nd ed. Forum Européen de la Communication, 2003.

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3

Filip, De Ly, ed. Drafting international contracts: An analysis of contract clauses. Martinus Nijhoff Pub., 2009.

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4

Fontaine, Marcel. Drafting international contracts: An analysis of contract clauses. Martinus Nijhoff Pub., 2009.

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5

International Congress of Comparative Law (14th 1994 Athens, Greece). Les clauses d'exception en matière de conflits de lois et de conflits de juridictions, ou, le principe de proximité: XIVe congrès international de droit comparé = Exception clauses in conflicts of laws and conflicts of jurisdictions, or, the principle of proximity : XIVth International Congress of Comparative Law. M. Nijhoff Publishers, 1994.

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6

Werlauff, Erik. International contracts: The UNIDROIT principles as an alternative to clauses on governing law. Ex Tuto Publishing, 2013.

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7

Lupoi, Michele Angelo. Conflitti transnazionali di giurisdizioni. A. Giuffrè, 2002.

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8

Office, General Accounting. International trade: Critical issues remain in deterring conflict diamond trade : report to congressional requesters. GAO, 2002.

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9

Brigitte, Stern, and World Trade Organization, eds. La jurisprudence de l'OMC: The Case-law of the WTO 1999-1. Martinus Nijhoff Publishers, 2007.

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10

Fontaine, Marcel, and Filip De Ly. Drafting International Contracts: An Analysis of Contract Clauses. Ebsco Publishing, 2006.

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11

Khemiri, Jonas Hassen, and Alice Menzies. Family Clause. Penguin Random House, 2020.

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12

Kokkini-Iatridou, D. Les Clauses d'Exception En Matiere De Conflits De Lois et De Conflits De Jurisdictions - Ou le Principe De Proximite:Exception Clauses in Conflicts of ... - or the Principle of Proximity. Springer, 1994.

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13

Tjakie, Naudé. Ch.2 Formation and authority of agents, Formation V: Arts 2.1.19–2.1.22—Standard terms, Art.2.1.22. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0039.

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This commentary focuses on Article 2.1.22 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning battle of forms. The ‘battle of forms’ arises where the parties reach agreement on the essential terms, usually through a reply to an offer which identifies itself as an acceptance, but both parties indicate, more or less automatically, that their respective standard terms should govern the contract. Since the standard terms often conflict with each other, the question arises whether a contract has actually been concluded at all and, if so, which of the inconsistent stan

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14

Khemiri, Jonas Hassen, and Alice Menzies. Family Clause: A Novel. Farrar, Straus & Giroux, 2020.

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15

The Family Clause: A Novel. Picador, 2021.

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16

The Family Clause: A Novel. Farrar, Straus and Giroux, 2020.

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17

Grosse Ruse-Khan, Henning. Trips and Later Inter-Se Agreements. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.003.0005.

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This chapter focusses on how ‘Free Trade Agreements’ (FTAs) fit within the existing multilateral framework, primarily with the Trade Related Aspects of International Property Rights (TRIPS) Agreement which most FTAs take as basis and benchmark from which the contracting parties modify rules among another (inter-se). In this context, the most prominent issue is the effect the continuous strengthening of the standards of intellectual property (IP) protection and enforcement has on the optional provisions and flexibilities of the TRIPS Agreement. The chapter examines whether and how the TRIPS add

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18

Lui, Wilson, and Anselmo Reyes. Hong Kong Private International Law. Hart Publishing, 2025. https://doi.org/10.5040/9781509956500.

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This book is a one-stop reference to Hong Kong private international law. It provides clear expositions on questions of jurisdiction, choice of law, recognition and enforcement, transnational arbitration, and inter-regional and international harmonisation of Hong Kong conflict of laws. It covers a range of areas, including the law of obligations at common law and in equity, the law of real and personal property, intellectual property law, family law, company law, insolvency and bankruptcy law, competition law, and admiralty law. It includes discussions of cross-border dispute resolution, juris

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19

Tina, Wüstemann, and Huber Roman. III Trust Arbitration as a Matter of National Law, 17 Trust Arbitration in Switzerland. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0017.

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This chapter argues that Switzerland’s importance as centre for trust services as well as its longstanding tradition in international arbitration make it a perfect venue for trust arbitration, particularly in light of the scarcely developed arbitration law and practice in several offshore trust jurisdictions. Against this background, it examines whether trust disputes can be arbitrated in Switzerland, with a particular focus on the recognition of arbitration clauses in trust deeds. While Switzerland does not provide for the institution of trusts in its substantive law, it has ratified the Hagu

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20

Redlich, Alexander, and Markus Troja, eds. Konfliktdynamik in Wirtschaft und Gesellschaft. Nomos Verlagsgesellschaft mbH & Co. KG, 2022. http://dx.doi.org/10.5771/9783748932192.

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If you want to learn about a cross-section of topics concerning conflict dynamics, their explanation and analysis, you will find it here. This book offers managers, mediators and any other readers interested in this field a selection of articles written by expert academics and practitioners for the German journal Konfliktdynamik (Conflict Dynamics) over the past ten years. These contributions also represent a piece of contemporary history because they largely reflect the development of social conflicts. With contributions by Claude Amar, Robert A. Baruch Bush, Ulrich Bröckling, Andrea Budde, R

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21

Christopher, Hare, and Neo Dora, eds. Trade Finance. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198854470.001.0001.

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Trade Finance provides a much-needed re-examination of the relevant legal principles and a study of the challenges posed to current legal structures by technological changes, financial innovation, and international regulation. Arising out of the papers presented at the symposium, Trade Finance for the 21st Century, this collection brings together the perspectives of scholars and practitioners from around the globe focusing on core themes, such as reform and the future role of the UCP, the impact of technology on letters of credit and other forms of trade finance, and the rise of alternative fo

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22

Bond, James E. No Easy Walk to Freedom. Praeger, 1997. http://dx.doi.org/10.5040/9798400691775.

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The Southern ratification debate on the 14th Amendment was a part of the bitter, decade-long struggle to reconstruct and later redeem the South. This book makes clear that amidst all the conflict and cacophony of the period, the commands of the 14th Amendment were widely and uniformly understood. The three great clauses of Section 1 of the 14th Amendment were intended both to guarantee everyone the fundamental rights of citizenship and personhood and to nationalize the protection of those rights within the federal structure ordained by the Constitution. That means that the states were to retai

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23

Tomuschat, Christian. State Responsibility and the Individual Right to Compensation Before National Courts. Edited by Andrew Clapham and Paola Gaeta. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199559695.003.0031.

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Normally, states parties to an armed conflict settle the financial consequences of that conflict in the traditional way, if ever they reach agreement, by concluding comprehensive treaties that embrace also all the claims that their nationals may have acquired on account of the conflict. The most common form of reparation consists of lump sum payments that do not differentiate between the different groups of victims. Remedies for individuals are not available within the framework of international humanitarian law (IHL) at the international level. This chapter explores state responsibility and t

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24

Alternative Rechts- und Forumswahlklauseln: Eine vergleichende Darstellung. P. Lang, 1999.

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25

Georg, von Segesser. IV Trust Arbitration as a Matter of International Law, 19 Arbitrating Trust Disputes: Effect of the Hague Convention on the Law Applicable to Trusts and on Their Recognition. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0019.

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This chapter examines the effect of the Hague Convention on the Law Applicable to Trusts and on their Recognition (Hague Trust Convention) on the law applicable to the arbitration of trust disputes. It also considers the extent to which arbitrators can apply the conflict of laws rules of the convention in cases where the parties have not agreed that these rules should govern the issues in dispute. The chapter is organized as follows. Section II addresses the selection of the applicable substantive law by arbitral tribunals in cases where the parties have not agreed on the applicable law. Secti

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26

Zick, Timothy. Arms. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190841416.003.0008.

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Chapter 7 addresses the relationship between the Free Speech Clause and the Second Amendment’s right to “keep and bear Arms.” Relative to the other non-speech rights examined in the book, recognition of an individual right to keep and bear arms occurred relatively recently (the Supreme Court recognized the right in 2008). As a result, the relationship between free speech and Second Amendment rights is still developing. The chapter focuses primarily on two aspects of their intersection. The first is the extent to which the nature and scope of Second Amendment rights ought to be modeled on Free

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27

US Constitution of 1791 and the Fugitive Slave Clause : A Philosophical Re-Rendering of Legislative Authority: Ambiguities and Conflicts. Sussex Academic Press, 2019.

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28

Reynolds, William L., and William M. Richman. The Full Faith and Credit Clause: A Reference Guide to the United States Constitution (Reference Guides to the United States Constitution). Praeger Publishers, 2005.

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29

Francisco, Garcimartín. Part III Europe, 14 Derivatives in Cross-Border Insolvency Proceedings. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755371.003.0014.

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This chapter defines derivatives as a starting point and looks at how they work. Traditionally, they have enjoyed privileged status in an insolvency scenario, both at the substantive-law level and at the conflict-of-laws level. The chapter describes how the new resolution framework has reduced that privileged status and ‘re-routed’ those financial agreements to general principles of insolvency law, in particular as regards the ‘ipso facto clause’ and other termination rights, and explains its reasons. This raises the question of whether that privileged status must be kept and the resolution sc

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30

Scott, Tom. The Hereditary Agreement of 1511. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198725275.003.0010.

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Verdicts on the Swiss War now agree that it was a local conflict which spun out of control. In its aftermath the Confederation reached its final composition, with the admission of Basel and Schaffhausen as full members in 1501 and Appenzell in 1513. Were existing treaties to apply to the new members? Yet the status of Konstanz was still not resolved. Only when Konstanz was stripped of its effective independence in 1510 was Maximilian prepared to sign the Hereditary Agreement with the Swiss the following year. While continuing the provisions of the Perpetual Accord of 1474, the agreement forswo

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31

Zick, Timothy. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190841416.003.0001.

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The Introduction accomplishes several things. It emphasizes the central subject matter of the book, which is the relationships between freedom of speech and other (“non-speech”) constitutional rights. The Introduction also discusses different conceptions of constitutional rights—as textual guarantees, trumps of governmental power, and rhetorical devices. It emphasizes the relational character of rights and introduces the concept of Rights Dynamism, which is the process by which rights intersections occur. The Introduction highlights the bidirectional relationship between freedom of speech and

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32

Horne, Gerald. The Jim Crow Paradox. University of Illinois Press, 2018. http://dx.doi.org/10.5406/illinois/9780252041198.003.0012.

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This concluding chapter argues that the decline of forces represented by Paul Robeson meant that forces symbolized by Claude Barnett, who were surely interested in Pan-Africanism but also were seeking profitable investments, meant they were conflicting with African leaders like Kwame Nkrumah who had a socialist orientation; this was bound to create waves. Moreover, it was bound to undermine Associated Negro Press's (ANP) role as an honest broker or even as a cynical promoter of Washington's policies, all of which was hastening the agency's demise. Part of the paradox of Jim Crow was that as it

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33

Zola, Émile. The Belly of Paris. Translated by Brian Nelson. Oxford University Press, 2009. http://dx.doi.org/10.1093/owc/9780199555840.001.0001.

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‘Respectable people… What bastards!’ Unjustly deported to Devil's Island following Louis-Napoleon's coup-d'état in December 1851, Florent Quenu escapes and returns to Paris. He finds the city changed beyond recognition. The old Marché des Innocents has been knocked down as part of Haussmann's grand programme of urban reconstruction to make way for Les Halles, the spectacular new food markets. Disgusted by a bourgeois society whose devotion to food is inseparable from its devotion to the Government, Florent attempts an insurrection. Les Halles, apocalyptic and destructive, play an active role i

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34

Wahnich, Sophie. French Revolution in Theory. Lexington Books, 2022. https://doi.org/10.5040/9798881816179.

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It is time to re-examine the French Revolution as a political resource. The historiography has so far ignored the question of popular sovereignty and emancipation; instead the Revolution has been vilified as a matrix of totalitarianisms by the liberals and as an ethnocentric phenomenon by postcolonial studies. This book examines why. More so than historians, it is philosophers that have played the leading role in the portrayal of this major event in French political history. The philosophical quarrels of the 1960s placed the French Revolution at the heart of their debates. The most well-docume

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35

Horne, Gerald. Pan-Africanism Is the News. University of Illinois Press, 2018. http://dx.doi.org/10.5406/illinois/9780252041198.003.0011.

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This chapter explores the decline of the Associated Negro Press (ANP). It did not take long for the mainstream press to realize that the ANP was sitting on a journalistic goldmine with its direct pipeline to one of the biggest stories of the decade, if not the century: decolonization and how it intersected with the battle against Jim Crow. Claude Barnett was in an advance wave of African Americans descending upon Africa seeking to take advantage of the perceived gold rush delivered by decolonization. Another viselike pressure that the ANP found hard to resist was the other major force of that

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36

Ribstein, Larry E., and Erin A. O'Hara. Law Market. Ebsco Publishing, 2009.

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37

Ribstein, Larry E. Law Market. Oxford University Press, 2009.

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38

Mérand, Frédéric. The Political Commissioner. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893970.001.0001.

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Based on four years of embedded observation in the cabinet of a European Commissioner, this book develops a sociology of international political work. Empirically, it offers an insider’s chronicle of the European Union between 2015 and 2019. The analysis traces the successes and failures of Commissioner Pierre Moscovici and his team on five issues that defined European politics between 2015 and 2019: the Greek crisis, budgetary disputes with Spain and Portugal, the rise of populism in Italy, the reform of the eurozone, and the fight against tax evasion. The aim is not to ascertain whether the

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