Dissertations / Theses: 'LAW / Conflict of Laws'

1

Nolan, Michael E. "Clearly invalidating laws in the new Code of canon law." Theological Research Exchange Network (TREN), 1989. http://www.tren.com.

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2

McBean, Jean 1948. "Conflict of laws and Canadian matrimonial property redistribution laws." Thesis, McGill University, 1987. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63988.

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3

Neuwirth, Rostam Josef. "International law and the publicprivate law distinction." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30320.

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Traditionally, public international law and private international law were perceived as two different categories of law; the former governing the international relations between states and the latter those between private individuals. Their relation is based upon an evolutionary development from private to public, and from municipal to international, law. In the modern world, this evolution has culminated in a dynamism reflected in numerous interactions between a wide range of different actors. As a result, the former boundaries between the public and private law, as well as the international and municipal law dichotomy, have become blurred. In an emerging global society, these four major categories have entered a dynamic dialogue that equally challenges both legal theory and practice. This dialogue is centred around a functioning global legal framework, in which public international law and private international law can---due to their distinct scopes of application---answer many unanswered questions, providing that they speak with one voice.

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4

Lagerberg, Eric M. "Conflicts of laws in private international air law." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59992.

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The thesis deals with problems of conflict of laws and its latest developments, especially in Europe, in relation to international air transport. (1) The contractual situations connected with air transport are analysed in light of the applicable international air law conventions and of a comparative survey of the conflict of laws rules of some states and international conventions on conflict of laws concerning contracts. Where the international air law conventions do not supply the solution or where they are not applicable resort has to be made to the conflict of laws. (2) Conflict of laws also arises in the legal interaction (contracts, sale of goods, transfer of ownership--res in transitu, torts, marriages, wills, etc.) between persons onboard an aircraft in flight. (3) The aircraft as an expensive and highly mobile chattel poses problems from the rights in rem point of view in the conflict of laws. (4) Aircraft accidents and the tortious liability of persons and entities involved as well as obligations arising from assistance and rescue operations pose conflict of laws problems.

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5

Rogerson, Philippa J. "Intangible property in the conflict of laws." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.317842.

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6

Yoo, Namyoung. "Japanese spirit and Western utility : a comparative study of Japanese conflicts jurisprudence /." Thesis, Connect to this title online; UW restricted, 1999. http://hdl.handle.net/1773/9618.

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7

Ahmed, Mukarrum. "A comparative study of the fundamental juridical nature, classification and private law enforcement of jurisdiction and choice of law agreements in the English common law of conflict of laws, the European Union private international law regime and the Hague Convention on Choice of Court Agreements." Thesis, University of Aberdeen, 2016. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=230177.

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During the course of this PhD thesis, it will be argued that it is misconceived to think of jurisdiction and choice of law agreements as unilaterally enforced domestic private law obligations within an English 'dispute resolution' paradigm because multilateral private international law rules are essentially secondary rules for the allocation of regulatory authority which may not permit a separation of functions or the relative effect of such agreements. In other words, a multilateral system for the public ordering of private law will assume priority over or trump the existence of the private law rights and obligations of the parties to the jurisdiction and choice of law agreement and the unilateral enforcement of such rights via anti-suit injunctions and the damages remedy. Otherwise, the private law enforcement of the mutual contractual obligation not to sue in a noncontractual forum attributed to an exclusive jurisdiction agreement may operate as a 'unilateral private international law rule' with a controversial and confrontational allocative function of its own. It may lead to the 'privatization of court access' by dubiously perpetuating and prioritizing the unilateral private ordering of private law over the multilateral public ordering of private law. Moreover, the enforcement of jurisdiction and choice of law agreements by private law remedies within a multilateral system will necessarily distort the allocative or distributive function of private international law rules by giving precedence to the redistributive will of the parties premised on principles of corrective justice inter partes of questionable applicability. International structural order is compromised in the unilateral private law enforcement of jurisdiction and choice of law agreements as such enforcement gives rise to a clash of sovereign legal orders and also the possibility of 'regime collision' by interfering with the jurisdiction, judgments and choice of law apparatus of foreign courts which a multilateral conception of private international law is supposed to prevent in the first place. However, this PhD thesis will argue that outside the confines of the EU private international law regime, the variable geometry that is characteristic of the international commercial litigation sphere may not impede the separation of functions within such agreements. Whether an English court ought to grant a pragmatic private law remedy enforcing such agreements is of course another matter. Ultimately, a more comprehensive concept of transnational justice in private international law disputes informed by methodological pluralism needs to be developed. A notion of transnational justice which seeks to simultaneously balance the competing demands of the notion of 'conflicts justice' which prioritizes ex ante multilateral allocative imperatives and the idea of an ex post material justice between the litigating parties in the individual instance.

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8

Ajibade, Babatunde Ademola. "Aspects of the intra-federal conflict of laws." Thesis, King's College London (University of London), 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.243327.

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9

Lim, Yew Nghee 1973. "Towards a uniform conflict of laws regime in ASEAN governing international commercial transactions : uniformization of choice of law rules in contract and tort." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33361.

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To compete effectively in the global economy, the Association of Southeast Asian Nations [hereinafter ASEAN] needs supranational legal infrastructure that facilitates international business transactions. As such, this thesis examines choice of law issues in contract and tort in Canada, Louisiana, the Second Restatement on Conflict of Laws 1969, the United Kingdom, the Rome Convention on the Law Applicable to Contractual Obligations 1980, and Singapore. Using a proposed Model Law on contract and tort choice of law in ASEAN, this thesis will demonstrate that despite differences in the existing choice of law rules, a uniform regime may nevertheless be formulated without significant compromises. On the broader level, this thesis proposes a uniform conflict of laws regime in ASEAN. Using the analogy of contract and tort choice of law, this thesis argues that divergences may be reconciled and a uniform regime forged. It is desired that this thesis will contribute towards the uniformizing of conflict of laws in ASEAN.

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10

Almawla, Hanan Mohamed. "Moral rights in the conflict-of-laws : alternatives to the copyright qualifications." Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8730.

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This thesis examines the intersection between authors' moral rights and conflict-of-laws. The research question has been triggered by two important, interlinked factors. The first is that the currently applicable choice-of-law rules to moral rights are the same as those applicable to copyright. The second concerns the fact that moral rights are different from copyright - both in their nature and in the interest they aim to protect. Since these two factors coincide, it is questionable whether it ought to be the case that moral rights are subjected to the same choice-of-law rules as are applicable to copyright. The thesis therefore aims to discover whether the currently applicable choice-oflaw rules available in the context of moral rights are suitable for achieving the goals and objectives of conflict-of-laws. In the course of this thesis, I evaluate the potential validity of detaching moral rights from copyright in conflict-oflaws and instead attaching it to the characterization model of general personality rights. The research question is mainly addressed from the perspective of Rome I and Rome II Regulations. However, as there is no EU harmonization concerning general personality rights in conflict-of-laws, the examination will be directed towards France and England as examples of civil and common law traditions. Moreover, reference will also be made to CLIP and ALI principles by reason of comparison.

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11

Berthiaume, Adèle. "No-fault automobile insurance and the conflict of laws." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66123.

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12

李小林. "A comparative study on international cooperation in cross-border bankruptcy matters." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2586419.

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13

Guillemard, Sylvette. "Le droit international privé face au contrat de vente cyberspatial /." [Cowansville] : Blais [u.a.], 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/520267559.pdf.

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14

Enonchong, Nelson Egbe. "Ordre public and public policy in French and English law : a study in contract and conflict of laws." Thesis, University of Cambridge, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260607.

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15

Draf, Oliver. "Selected issues of private international law and of contracts on the Internet." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64271.pdf.

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16

Toner, Helen. "Modernising partnership rights in EC family reunification law." Thesis, University of Oxford, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273444.

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17

Lukito, Ratno 1968. "Sacred and secular laws : a study of conflict and resolution in Indonesia." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102778.

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This thesis investigates the history and phenomenon of legal pluralism in Indonesia. The need to explore this topic has been urged by the revival there of Islamic law and adat law, the two greatest non-state normative orderings, in the last two decades. At the same time the ideal of modernity in Indonesia has been characterized by a state-driven effort in the post-colonial era to make the institution of law an inseparable part of national development. The result has been a conception of law as a homogenous system in which the ideology of legal positivism represents the basic tool for lawmaking. This, however, has led to an impasse, seeing that pluralism and multiculturalism are in fact self-evident phenomena in the society. The state has been obliged, therefore, to accommodate these non-state normative orderings.
The discussion of Indonesian legal pluralism in this thesis focuses on understanding the state's attitude and behavior towards the three largest legal traditions currently operative in the society, i.e., adat law, Islamic law and civil law. Socio-political factors are shown to have much influenced the relations between state and non-state laws. The state's strategy of accommodation of legal pluralism has in fact largely depended on the extent to which those legal traditions have been able to conform to national ideology. Certain "national legal postulates" have functioned as a yardstick by which the country's legislative and judicial institutions have measured the extent of their accommodation of legal pluralism, although they have had little choice but to do so.
Influenced by Masaji Chiba's theory of "three levels of law" (i.e., official law, unofficial law and legal postulates), this thesis analyzes two aspects of legal pluralism in Indonesia: the political and "conflictual" domains of legal pluralism. The analysis is thus generally based on the state policy of legal pluralism reflected in the legal and political strategies confronting the issue of unofficial laws as well as the conflicts arising from such situations. The first aspect is addressed by looking at a number of statutes and regulations promulgated specifically to deal with Islamic law and adat law, while the second is analyzed in terms of actual cases of private interpersonal law arising from conflict between state and non-state legal traditions, as reflected in legislation and court decisions. From a discussion of these two aspects, the thesis concludes that, although the form of the relations between official and unofficial laws may have changed in conjunction with the socio-political situation of the country, the logic behind legal pluralism has in fact never altered, i.e., to use law as a tool of state modernism. Thus conflicts arising from the encounter between different legal traditions will usually be resolved by means of "national legal postulates," making the unofficial laws more susceptible to the state's domination of legal interpretation and resolution.

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18

Smith, Justin Samuel Ewald. ""The Sword and the Law" : Elizabethan soldiers' perception and practice of the laws of armed conflict, 1569-1587." Thesis, University of Glasgow, 2017. http://theses.gla.ac.uk/8552/.

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This thesis argues that contemporary views of the laws of arms among soldiers, and of the laws of war by legal theorists, influenced particular military campaigns and individual actions in a variety of armed conflicts. Elizabeth I’s officer corps were careful to act in wars so that their actions would be seen as honourable by outside observers in the belief that such actions would add to their personal glory. Their individual and corporate perception of the laws of war directly affected military practices. However, the Elizabethan military establishment was engaged in conflicts that did not conform to contemporary views of just war. Catholic popes funded military expeditions against England and its dominion of Ireland, where the leaders were granted commissions to wage holy war not just war. The suppression of armed rebellions in Ireland employed numerous soldiers, and much of the machinery of state was supported by the English military. Holy war and counterinsurgency operations had no parallels in just war theory. The laws of war provided an important new context for re-evaluating military practices. Although legal discourse was predominantly ordered towards fighting regular wars, with careful reading of contemporary sources, there are important indicators that illuminate contemporary justifications for some of the more brutal military actions associated with the English military establishment, particularly in Ireland. By re-examining the discourse on the laws of war, the thesis finds that soldiers took seriously the customs of war and through them, it reassesses the motivations and mentalities of commissioned officers. This discourse was then used as a basis by which the conduct of soldiers can be understood and contextualised within English political and ethical structures.

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19

Ooi, Maisie Su Lin. "Shares in the conflict of laws." Thesis, University of Oxford, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365525.

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20

Le, Bozec Charlotte. "Que reste-t-il de l'influence du droit maritime sur le droit aérien? : étude des conflits de juridictions." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30312.

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This study addresses the modern influence of maritime law on air law. In order to demonstrate that the influence still exists, at least in respect of conflicts of jurisdiction, a comparative analysis of the responsibility of the carriers of goods will be carried out in the light of international conventions.
The thesis will consider the new evolution of maritime law, which today, in many aspects, follows air law. It will become clear that both systems face the same difficulties. In particular, the multiplication of international conventions has weakened the aim of uniformity by admitting different regimes of the carriers' liability. Once the causes of conflicts of jurisdiction have been identified, the thesis will analyze how the conventions attempt to solve those conflicts. The use of forum shopping by the parties and the use of forum non conveniens by the courts, reveals that present international solutions are not satisfactory. The practice in maritime law is to consider a conflict prior to its existence and to permit jurisdiction as well as arbitration clauses. While the former clauses are forbidden in air law, arbitration clauses, although accepted in various international air conventions, have never been used until recently in air law, and only in respect of the financing of major projects.
It is therefore possible to believe today, that the maritime approach can and will be followed in respect of conflicts of carriage of goods by air, thus proving that maritime law does still influence the evolution of air law.

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21

Hussain, Mohammed Redha. "The treatment of the Gulf States laws in UK courts with specific reference to the rules of conflict of laws." Thesis, Glasgow Caledonian University, 1995. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.295104.

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22

Huang, Chu Cheng 1964. "Conflict of labour laws in international air transport : an analysis of the American practice." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69747.

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This thesis deals with the problems of conflict of labour laws in international air transport, in the context of U.S. judicial practice in relation to the constitutional law-based labour statutes, employment accident statutes and labour management relation laws.
The first chapter provides an overview of the methodology adopted in conflict of labour laws under the U.S. jurisprudence, mainly focusing on the balancing-of-interests technique crystallised through precedents. The compatibility problem involved in dealing with conflicts within international airline industry is also briefly discussed.
A detailed review of different categories of labour statutes in later chapters reveals specific conflict of laws problems that could not be solved through any single rule, especially when in international air transport setting. The divergence between domestic labour statutes and Treaties of Friendship, Commerce and Navigation or Air Transport Agreements also create subtle circumstance. All these point to the conflict of labour laws in international air transport as a relatively unexplored sphere, and the desirability of international unification of certain principles.
The implications for the rather unique case of Taiwan are explored in chapter 5.

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23

Stingl, Harald. "Forum selection in the conflict of laws /." Wien : Verlag Österreich, 2001. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=009337363&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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24

Davern, Timothy R. "The authority of the state over marriages of the baptized in light of the Second Vatican Council declaration Dignitatis humanae." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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25

Oser, David. "The UNIDROIT principles of international commercial contracts : a governing law? /." Leiden : Nijhoff, 2008. http://opac.nebis.ch/cgi-bin/showAbstract.pl?u20=9789004167896.

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Lind, Göran. "Common law marriage : a legal institution for cohabitation /." New York [u.a.] : Oxford Univ. Press, 2008. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016728851&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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27

Baddack, Frank. "Lex Mercatoria: scope and application of the law merchant in arbitration." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Arbitration is the preferred method of dispute resolution in international trade. Naturally, a set of rules is necessary to govern the conflict&rsquo
s resolution. For cultural, political, economical or other reasons the parties&rsquo
national laws may not serve the individual interests and needs of that particular contract well. If one wants to avoid the application of both parties&rsquo
national laws, one can choose that the contract be governed by an a-national legal standard, e.g. general principles of International Trade Law or the general usages of a particular trade. These internationally accepted principles of law governing contractual relations are called lex mercatoria (law merchant).

Lex mercatoria already existed in the Middle Ages and can even be dated back to antiquity. Later it disappeared through the nationalization of International Trade Law and was rediscovered in the 1950s, when international traders were again creating their own law and disputes were increasingly resolved outside of the national jurisdictions and applying a-national law. Lex mercatoria is being applied more and more by arbitrators and is therefore becoming increasingly important for dispute resolution in International Trade. Numerous different concepts and theories of lex mercatoria have been developed. Its being an autonomous legal system is questioned by some authors and the doctrine in favour of it called unfounded. The critics also argue that the authority to apply lex mercatoria may be a recipe for amateurism and the substitution of the arbitrator&rsquo
s private preferences for the parties&rsquo
intentions, for itis easy to proclaim common principles on the basis of limited knowledge. The lex mercatoria is said only to exist because scholars talk about it. However, these and other allegations can be refuted by critically analyzing the arguments that are supposed to underline those assumptions. Applying lex mercatoria to solve international trade disputes has many advantages. By choosing lex mercatoria the parties avoid rules which are unfit for international contracts, e.g. peculiar formalities, brief cut-off periods and special difficulties created by domestic laws. In addition to that, neither of the parties has the advantage of having the dispute governed by his own law. Since one of the central rules is the principle of good faith and fair dealing, lex mercatoria neither leads to arbitrary results nor does it favour the rich. Is it possible for the arbitrators to apply lex mercatoria if no law has been chosen by the parties? The failure of the parties to indicate a choice could well mean that they did not wish to have their contract governed by any of their national laws. In some awards arbitrators applied lex mercatoria as they considered the community of international merchants to be autonomous and to exist beyond national legislation. However, it cannot be deduced from the absence of such a choice that the parties have impliedly chosen lex mercatoria to be the law governing the conflict. Lex mercatoria is applicable only as a subsidiary law in cases where no national law has been chosen and seems apt.

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28

Korth, Peter. "Dritthaftung von Ratingagenturen /." Baden-Baden : Nomos, 2010. http://d-nb.info/999101838/04.

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29

Xu, Mu Chi. "Flexibility versus certainty : a comparative study of choice of law rules regarding contractual liabilities in the European Union and Mainland China." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2112293.

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30

Stermann, Helmut. "Expropriation in the conflict of laws with special reference to companies and associations : a comparative study." Thesis, University of Cambridge, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.305492.

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31

Waterstraat, Daniel. "ALI/UNIDROIT Principles and Rules of Transnational Civil Procedure : ein Instrument zur Lösung des deutsch-amerikanischen Justizkonflikts bei grenzüberschreitenden Beweisaufnahmen? /." Baden-Baden : Nomos, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/503778656.pdf.

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32

Waldburg, Oliver. "Anpassungsprobleme im internationalen Abstammungsrecht : unter besonderer Berücksichtigung des deutsch-portugiesischen Rechtsverkehrs ; gleichzeitig eine Analyse der neuen Kollisionsnormen Artt. 19, 20 EGBGB n.F. /." Frankfurt am Main [u.a.] : Verl. für Standesamtswesen, 2001. http://www.gbv.de/dms/spk/sbb/recht/toc/324970668.pdf.

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33

Szesnat, Felicity. "The applicability of the law of armed conflict regimes : the classification of armed conflicts in international law." Thesis, University of Essex, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.701646.

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Treaty rules governing the classification of armed conflicts have been said to give rise to problems in both theory and .practice. This requires examination, as classification determines the specific set of ius in bello rules which must be applied to a particular armed conflict. If classification rules are problematic, the treaty and/or customary rules critical to the protection of victims and the conduct of hostilities may not be applied. This thesis first examines the treaty classification system to determine its legal coherence and practical workability. Each category within this system is considered in order to identify the criteria and sub-criteria which need to be satisfied for cl situation to fall within it. In doing so, treaty negotiation records and commentaries, State practice, court judgments and commentators' writings are analyzed. The thesis also investigates whether certain types of armed conflicts fall outside the current system. Second, it determines whether there is a customary classification system, an issue which rarely receives attention. It is also examined for legal coherence and practical workability. . It is concluded that, in the main, the treaty classification system is legally coherent and workable in practice, although there are legal grey areas which require attention. It also concludes that there is a customary classification system, albeit one which is still emerging. Although this system clearly recognizes a distinction between international and non-international armed conflicts, whether there is more than one threshold for non-international armed conflicts is unclear. In addition, some of the criteria and sub-criteria are not clearly ascertainable, and their scope is also frequently unclear. These issues notwithstanding, assertions that the treaty classification system is inherently problematic are argued to be unfounded. The reluctance by some States to acknowledge that they are engaged in particular types of armed conflicts leads to a proposal that an independent, authoritative and contemporaneous mechanism for classification determination is desirable.

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Krupski, Jan A. "Conflict of laws in aircraft securitisation : jurisdictional and material aspects of the 1998 Unidroit Reform Project relating to aircraft equipment." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21689.

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In June 1998, a Steering and Revisions Committee of the International Institute for the Unification of Private Law (Unidroit) fleshed out the final version of a "Draft Unidroit Convention on International Interests in Mobile Equipment".
Framed by introductory and concluding remarks, the thesis is divided into five chapters. One after the other, these components will expound the generation and elaboration of the reform project, synchronise its jurisdictional aspects with the pre-existing law of international civil procedure and of conflict of jurisdictions, trace intimately related other harmonisation efforts, and briefly compare conventional and up-to-date substantive and conflict of law rules of selected Common and Civil Law jurisdictions that apply to secured transactions and their underlying contractual relationships. It will also review the essential legal characteristics of the 50 years old Geneva Convention on the International Recognition of Rights in Aircraft and ascertain its qualities in the light of present-day demands, before turning to the gist of substantive and uniform security and assignment law as applicable on the basis of the newly created transnational registration mechanism. (Abstract shortened by UMI.)

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35

Walker, Janet. "The constitution of Canada and the conflict of laws." Thesis, University of Oxford, 2001. https://ora.ox.ac.uk/objects/uuid:ff318f72-f634-4d80-98ea-79722e19bab7.

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This thesis explains the constitutional foundations for the conflict of laws in Canada. It locates these constitutional foundations in the text of key constitutional documents and in the history and the traditions of the courts in Canada. It compares the features of the Canadian Constitution that provide the foundation for the conflict of laws with comparable features in the constitutions of other federal and regional systems, particularly of the Constitutions of the United States and of Australia. This comparison highlights the distinctive Canadian approach to judicial authority - one that is the product of an asymmetrical system of government in which the source of political authority is the Constitution Act and in which the source of judicial authority is the continuing local tradition of private law adjudication. The distinctive Canadian approach to judicial authority provides the foundation for federal arrangements that have obviated the need for explicit mechanisms for coordinating legal systems. It has fostered a distinctive view of court jurisdiction and of the means for determining both whether a particular court has jurisdiction to decide a matter and whether the court should exercise that jurisdiction. It has provided the foundation for a unified court system within the Canadian federation - one in which there is a strong commitment to the shared responsibility of Canadian courts to promote access to justice, to prevent forum shopping, and to resolve multiplicities of proceedings so as to secure the same respect for the administration of justice between jurisdictions as exists within jurisdictions. This approach to judicial authority has also encouraged Canadian courts to draw on their inherent jurisdiction to permit the vindication of the rights of members of the Canadian public through civil litigation, notwithstanding the lack of direct application of the Charter of Rights and Freedoms and in spite of the apparent jurisdictional impediments.

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36

横溝, 大., and Dai YOKOMIZO. "Patent Infringement by Multiple Parties and Conflict of Laws." 名古屋大学大学院法学研究科, 2013. http://hdl.handle.net/2237/18566.

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37

Mills, Alex. "The confluence of public and private international law : justice, pluralism and subsidiarity in the international constitutional ordering of private law /." Cambridge ; New York : Cambridge University Press, 2009. http://opac.nebis.ch/cgi-bin/showAbstract.pl?u20=9780521731300.

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38

au, k. lewins@murdoch edu, and Kate Lewins. "The Trade Practices Act (Cth) 1974 and its Impact on Maritime Law in Australia." Murdoch University, 2008. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20081223.135713.

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The trade of shipping is necessarily international in nature. Courts and international bodies often express the need to ensure international consistency in matters of maritime law. However, it has been an extremely difficult goal to achieve. Many countries have refused to be party to international conventions that seek to ensure comity. Some have enacted laws that reflect part but not all of those conventions, or seek to improve the protection offered by the conventions. The domestic law of each country also adds its own flavour to shipping law as recognised and applied by the courts in that jurisdiction. In 1974 Australia enacted the Trade Practices Act 1974 (Cth) (TPA), heralding a new era in corporate and commercial law. However, its impact on maritime law on Australia has only been felt over the last 10 15 years. It is potentially relevant to many areas of maritime law, including carriage of goods by sea, cruise ships, and towage. This thesis explores the encroachment of the TPA on a number of different areas of shipping law, using the few case examples on offer and extrapolating the impact that the TPA may have. It also considers the extent to which the TPA is stymied by simple contractual agreements to litigate or arbitrate in a non Australian forum, despite the TPAs status as a mandatory statute within Australia. Raised at various points in the thesis is the possibility of law reform, which is a complex compendium of issues overlaid with a moral dimension does shipping, as an industry, deserve to be exempted from the operation of the Act which sets a high standard of corporate behaviour? If so, how could that reform be shaped? In the meantime, what steps can the shipping industry take to work within the legal framework of the TPA?

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39

Zheng, Wei 1980. "The law of ship mortgages in China and a comparison with the law of the U.K. and Canada /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82676.

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Through a comparative study of the law in the U.K. and Canada, the thesis will examine the law of ship mortgages in China.
In the beginning, the thesis will discuss the concept of ownership in ships, ships' registration and the concept of ship mortgages. After laying the theoretical basis, the author will go on to talk about the rights and obligations of the mortgagor and mortgagee. Furthermore, the priority of maritime claims under Chinese maritime law will be presented. The last part of the thesis will be dedicated on the subject of conflict of laws in the domain of the law of ship mortgages.
After the comparative study, the author intends to show that legal comparison might be a possible methodology in the theoretical preparatory process of the amendment of the Maritime Code of China 1993.

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40

Kostromov, Alexey V. "International unification of the law of agency." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64286.pdf.

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Visser, Cornelis Ane de. "The European Community conflict of laws rules on voluntary assignments /." [S.l.] : Groningen : Hephaestus ; Ulrik Huber Institute for Private International Law [distr.], 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016727383&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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42

Saranovic, Filip. "Private international law aspects of freezing injunctions." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/270457.

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The Commercial Court in London is frequently dealing with applications for a freezing injunction. The vast majority of academic literature and court decisions directly or indirectly adopt the view that freezing injunctions have stood the test of time and are so frequently granted in commercial litigation that there is no need for any serious concern about their scope, let alone the need to identify and question the legitimacy of the justifications for their existence. Contrary to the traditional view, this thesis has identified equipage equality as the primary function of freezing injunctions. This recognition that freezing injunctions seek to establish a level-playing field in litigation has led the author to conclude that the current scope of the relief is excessively claimant-friendly and involves illegitimate interference with the sovereignty of foreign states. Taking into account the tactical reasons for seeking a freezing injunction, the author challenges the current interpretation of the substantive preconditions for granting the relief. Their current interpretation does not strike a fair balance between the interests of the parties. The author argues that these concerns are exacerbated by the current international scope of freezing injunctions due to the insufficient regard for the principles of public international law. The encroachment on the jurisdiction of foreign states undermines equipage equality by enabling claimants to make multiple applications for interim relief in respect of the same assets. In the light of the above, the author has sought to make a range of proposals to restrict the scope of freezing injunctions with the aim of bringing the relief in line with equipage equality.

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43

Almansoori, Saood. "Conflict of laws in e-commerce in the UAE and the prospect for harmonization among Gulf Cooperation Council member states." Thesis, University of Essex, 2018. http://repository.essex.ac.uk/22289/.

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This thesis argues that the current legal framework regulating electronic commercial transactions, both business-to-business (B2B) and business-to-consumer (B2C), within the United Arab Emirates (UAE), and across member states of the Gulf Cooperation Council (GCC), requires development in the areas of determining the judicial jurisdiction and the law applicable to those transactions. Following analyses focusing on the provisions of the UAE and GCC member states for determining jurisdiction and applicable law, the thesis provides justification for the conclusion that the private international law rules of those states are in need of updating, especially regarding electronic commerial transactions. The thesis provides a particularly original dimension in terms of proposals for legislative reform and suggested draft provisions. The main underlying factors for the central argument of the thesis for development and updating of the laws of the UAE and GCC member states include the following considerations: First, the current provisions do not adequately reflect the nature of B2B transactions in e-commerce. Second, the current rules do not reflect the particular vulnerability of consumers and do not adequately ensure protection of consumers’ rights. Third, there is the need for effective dispute resolution mechanisms to resolve B2C disputes, and consideration of such mechanisms would suit the circumstances of the UAE, and the GCC. The matters under discussion have not yet been addressed by harmonised legislations between member states of the GCC, whereas the GCC aims to be an organisation for political and economic cooperation in the region. In light of this last consideration, the thesis examines how the concerned matters are addressed within the European Union (EU) framework and considers whether and how the GCC could draw lessons from the EU model. In concluding, legislative provisions are suggested for the UAE and the GCC; and an appropriate dispute resolution mechanism is proposed for e-commerce transactions.

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44

Keyanti, Frederick Kanjo. "The plight of internally displaced persons (IDPs) during armed conflict: the case of Sudan and Somalia." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7839_1257146321.

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The plight of internally displaced persons (IDPs)in Sudan and Somalia constitutes one of the greatest human tragedy of our time since the end of the Cold War. The concept of IDPs is immense and growing. This research paper addressed the plight of IDPs during armed conflict in Sudan and Somalia. This paper also investigated into the existing institutional and legal frameworks for the protection of IDPs during armed conflict and critically highlight some of the weaknesses of these institutions and legal instruments that protect IDPs during armed conflict.

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45

Saouzanet, Franck. "Les relations précontractuelles en droit international privé." Thesis, Le Havre, 2013. http://www.theses.fr/2013LEHA0025.

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La thèse propose d'abolir, pour les besoins du droit international privé, les différents cloisonnements de la phase précontractuelle en retenant une approche unitaire du processus de formation du contrat. Dans cette perspective, il est proposé de dépasser la distinction entre les relations précontractuelles informelles et celles qui sont formalisées par un contrat préparatoire, de même que la distinction entre la phase précontractuelle et le contrat définitif. L'attraction du contrat projeté conduit à emprunter le rattachement de ce dernier pour désigner la loi applicable aux relations précontractuelles. Cette solution pourrait, dans la mesure du possible, être transposée dans le domaine des conflits de juridictions en retenant la compétence du juge du contrat projeté
The doctoral dissertation proposes to abolish, for the purpose of private international law, the compartmentalisation of the pre-contractual phase by adopting a unitary approach to the contract formation process. In this perspective, it is proposed to overcome the distinction between unformal pre-contractual relations and pre-contractual relations formalized by a preparatory contract, as well as the distinction between the pre-contractual phase and the final contract. The attraction of the intended contract leads to use its connecting factor in order to determine the law applicable to pre-contractual relations. This option could, whenever possible, be extended to conflicts of jurisdictions by considering that the competent judge is the judge of the intended contract

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46

Nyer, Damien. "Jurisdictional fairness and freezing measures : an analysis in Canadian private international law." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81243.

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Over the last decade the law of judicial jurisdiction has undergone profound changes in Canada. Chief among the factors that prompted evolution is the recognition of fairness as a guiding principle in the elaboration of jurisdictional rules. This thesis presents the consequences such recognition has already had and should have on the granting of freezing measures, those specific provisional measures aimed at freezing a defendant's assets pending litigation.
Having reviewed the freezing measures that can be obtained from Canadian courts, this thesis shows how concerns of fairness to the parties have questioned traditional grounds of jurisdiction and how it has affected the very availability of freezing measures. However, out of concerns of fairness to the plaintiff, Canadian courts with no jurisdiction to hear the merits of a dispute should be ready to assert jurisdiction for the limited purpose of freezing assets.
Finally, turning to the scope of those measures, this thesis deals with the issue of extraterritoriality. It is argued that out of concerns of fairness to innocent third parties courts should be extremely cautious in granting extraterritorial measures.

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47

Kuper, Jenny Riva. "International law concerning child civilians in armed conflict." Thesis, King's College London (University of London), 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.362781.

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48

Behrman, Simon Alexander. "'Freedom from seizure' : law and asylum in conflict." Thesis, Birkbeck (University of London), 2016. http://bbktheses.da.ulcc.ac.uk/172/.

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The central argument of this thesis is that law and asylum are fundamentally incompatible. In contrast to the standard claim that the coming of refugee law has been key in guaranteeing a space of protection for refugees, I argue that law has been instrumental in eliminating spaces of protection, not just from one’s persecutors, but also from the biopolitical grasp of sovereign power. This thesis is presented in three parts. First I examine the genealogy of asylum. By uncovering certain fundamental aspects of its construction, namely its concern with defining space rather than people, and its role as a space of resistance or otherness to sovereign law, I demonstrate that asylum has historically been antagonistic to law, and vice versa. In the second part, I look briefly at the development of international refugee law, and in doing so present a counter-history to the idea that this process was about restricting the caprice of states in relation to the admission of refugees and was grounded in humanitarian concern. Instead, I argue that refugee law was constructed precisely to ensure the effective management of large movements of forced migrants. Finally, in the third part of the thesis, I treat the US Sanctuary Movement (1981-1991) as a concentrated example of what happens when the old tradition of asylum confronts modern refugee law. Here many of the themes of parts one and two are revisited, but with the added twist that now the ideology of refugee law serves to hegemonise and undermine the practice of asylum/sanctuary from within.

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Godoy, Wilson Magdalena Sofia. "Sexual violence in armed conflict under international law: The interplay between international humanitarian law human rights law and international criminal law." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/56998.

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50

Yustisia, Baiq Dewi. "Enforcing foreign arbitral awards in Indonesia: Overcoming disharmony between international and domestic laws." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2015. https://ro.ecu.edu.au/theses/1667.

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As a developing country with a vast population and an abundance of natural resources, Indonesia is keen to foster international business connections and foreign investment in the country. One approach to improving Indonesia’s economy is to nurture its arbitration system, because arbitration is the preferred method by which international business people settle disputes arising out of cross-border transactions. Having ratified relevant United Nations (UN) conventions as a dualist country, Indonesia has transformed various provisions into its domestic law. However, there is a gap between Indonesia’s international obligations and its domestic legal enforcement whereby the Indonesian judiciary does not operate harmoniously with both Indonesian arbitration law and the international conventions to promote enforcement of foreign arbitral awards (FAAs); in other words, the Indonesian judiciary has insufficient discretion in deciding FAA cases. The practice of Indonesia’s arbitration shows that the country has been struggling to enforce FAAs. In the 12 years prior to February 2012, only 41 FAAs were registered in Indonesia, and the number of successful FAAs has been small. This thesis explores the practice of arbitration and the enforcement of FAAs using Indonesia as a case study. Ten court decisions focusing on FAAs are analysed using the case study analysis approach to consider how decisions are made. In five of these cases, FAAs were unsuccessful, whereas five FAAs were successful—findings that confirm the hypothesis that Indonesia’s arbitration system has been hampered by obstacles that prevent FAAs being enforced in the country. FAAs in England and Australia provide comparisons to explore whether these countries suffer similar problems to Indonesia. Various obstacles were identified, including (a) the inconsistency of the Indonesian judiciary in making decisions regarding FAAs; (b) domestic law (i.e. Act No. 30/1999 regarding Arbitration and Alternative Dispute Resolution) that operates unharmoniously with international law (i.e. arbitration laws and conventions); (c) misunderstandings by the Indonesian judiciary in interpreting issues of absolute competence (i.e. jurisdictional issues), the separability doctrine and public policy issues used as grounds to set aside FAAs in arbitration cases; and (d) the dualism adopted in the system in Indonesia may not be the best to promote the growth of international arbitration in Indonesia. The measures needed to improve Indonesia’s arbitration system include: (a) Short-term goals: providing up-to-date and further education and professional training for Indonesian judges in international law and international arbitration as well as stronger enforcement of Indonesia’s international obligations; ensuring frequent interactions between domestic judges, lawyers, international jurists and international organisations; and ensuring the quality of the judicial interpretation of law (i.e. discretion of judges). (b) Long-term goals: a monist system for Indonesia may place the country in a better position than does the current dualist system, and support the development of the country’s arbitration system. The findings in this thesis confirm that despite ongoing problems, Indonesia is moving towards fulfilling its international obligations, guarding its sovereignty and maintaining impartiality in its judicial decision making. The improvements will create an improved arbitration climate for international investment in Indonesia to bring more justice for arbitral parties should any disputes arise, and to overcome disharmony between international and domestic laws.

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Dissertations / Theses on the topic 'LAW / Conflict of Laws'

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