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Dissertations / Theses on the topic 'Private international law'
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1
Panagopoulos, George C. "Restitution in private international law." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340238.
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Rushworth, A. "Remedies and international private law." Thesis, University of Oxford, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.550578.
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This thesis seeks to determine how remedies inter-relate with the European rules on international private law. The thesis is broadly separated into two Parts, the first Part discussing the relationship between remedies and the general part of European international private law, and the second Part discussing the relationship between remedies and the specific parts of European international private law. From this analysis, three threads can be drawn. First, primary right, secondary right and the court order vindicating them are so closely related that, ideally, the same law ought to apply to all. They form a unit which should remain unbroken. Second, the distinction between substantive and ancillary rights is of crucial importance for remedies in the context of both jurisdiction and choice of law. Ancillary rights are those which arise by virtue of the trial process itself, whereas substantive rights are, or are perceived to be, created prior to the trial. The orthodox jurisdictional and choice of law rules only apply to substantive rights. Ancillary rights have their own, separate, rules. With one exception, the only court with jurisdiction over those ancillary rights is the court with jurisdiction over the substantive right to which they are ancillary. Furthermore, the lex fori must be applied to determine the nature of the ancillary right. Third, there exists a rule of exclusion which is of crucial importance for remedies in the context of both the enforcement of foreign judgments and choice of law. This rule of exclusion applies where the application of the foreign court order, whether applied by virtue of enforcing a foreign judgment, or applied by virtue of applying a foreign governing law under the choice of law process, would be too inconvenient for the forum court's machinery. Under such circumstances, the forum court can disapply the foreign law and substitute the closest order it can from its own legal system.
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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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Neuwirth, Rostam Josef. "International law and the public/private law distinction." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64296.pdf.
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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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Smith, Henry Forbes. "The scope of private international law." Thesis, University of Cambridge, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.620468.
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Lindsay, Bobby William Milroy. "The exclusion of foreign law in international private law." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/30593/.
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It is an axiom of the conflict of laws that one state will not enforce the revenue, penal, or ‘other public’ laws of another. This thesis shall criticise this position, arguing that these exclusionary principles should be replaced with a general principle of enforceability, subject to the control of public policy. It shall begin by sketching the general landscape of the exclusion of foreign law in Anglo-Scots international private law. Thereafter, a detailed account shall be given – for each of the revenue, penal, and ‘other public’ law rules – of the historical development of those exclusions, and their present scope of operation. This exposition provides a foundation for a critical examination of those rules.
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Ruiz, Abou-Nigm Verónica. "Arrest of ships in Private International Law : analysis of English, Scots and international law on the arrest of ships from a private international law perspective." Thesis, University of Edinburgh, 2007. http://hdl.handle.net/1842/27318.
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The arrest of ships is a truly Private International Law (PIL) institution. Its main rationale is to provide a useful device for international commerce and to compensate for the difficulty of enforcing judgments abroad. The arrest of ships is the typical provisional measure used in maritime claims; but it is as typical for maritime claims as it is atypical as a provisional measure. Arrest of ships is also a typical jurisdictional basis in the maritime sphere; but outside maritime claims it is nowadays completely atypical as a jurisdictional basis, i.e. arrest of non -maritime property to found jurisdiction is regarded as unacceptably exorbitant. Moreover, arrest of ships is a means of security, but its security- related effects are differently understood in comparative law. What is it about the arrest of ships that makes it so distinctive, particularly from a PIL perspective? This thesis analyses the theme in English and Scots law in the light of the international Conventions in the field. It examines the three main functions of arrest of ships, i.e. its protective function, its security function and its jurisdictional function, within the three classical domains of PIL, i.e. applicable law, jurisdiction, and the recognition and enforcement of foreign judgments. It looks at the role of the lex fori; its impact on characterization issues; its subtleties when applied qua lex causae; and its so often too far -reaching scope when applied qua lex fori. In practice its influence is unhelpful and poses a drawback to the uniformity sought by the international community. Its downside is apparent in English law where the frame in which arrest of ships currently develops is the action in rem, and where the impossibility to separate the two has complicated matters in various ways. In Scots law, due to the fact that arrestment of ships pertains to the broader law of diligence, the distinction between the different functions of the arrest of ships is clearer. Furthermore, recent law reform has brought the arrestment of ships in Scotland into line with the latest international trends in the sphere of provisional and protective measures. Central to this thesis is the jurisdictional function of arrest of ships. Forum arresti, the paradigmatic forum selection criterion in English and Scots law, has survived as a specific jurisdictional basis for maritime claims in the process of Europeanization of PIL. This thesis establishes that forum arresti in the case of arrest of ships is a cooperative forum. It advances the dynamic objective of PIL, i.e. the juridical continuity of legal relations across national borders. In this context, the conceptual distinction between jurisdiction on the merits and jurisdiction for the sole purpose of interim relief becomes paramount. Ultimately, the whole analysis shows that the combination of civilian legacy, common law creativity and international attempts for uniformity has profoundly affected the nature of arrest of ships; not only in England and in Scotland, but, through their influence on international Conventions, in the entire shipping world.
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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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Bianco, Giuseppe. "Restructuring Sovereign Debt : Private Creditors and International Law." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D075.
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La thèse examine le cadre juridique de la restructuration de la dette souveraine vis-à-vis des créanciers privés et le rôle joué par le droit international public. La problématique est la suivante : Quel est le rôle actuel et potentiel du droit international public dans la restructuration de dettes souveraines ? Le cadre juridique actuel est fragmenté, avec une multitude d'acteurs et de pratiques. Le contexte politique influence le processus plus que des coutumes ou des principes généraux. La jurisprudence révèle les défis pour les cours nationales et les tribunaux internationaux. L'approche contractuelle incite les créanciers à un contentieux créatif, qui perturbe les négociations. L'arbitrage relatif aux investissements s'est révélé inadéquat. Les incohérences entre les différents fora entraînent des résultats insatisfaisants pour les créanciers et les débiteurs, au détriment de la sécurité juridique. Pour les perspectives d'avenir, les concepts de dette odieuse et d'état de nécessité ne peuvent offrir que des améliorations limitées. Leur contenu apparaît trop peu défini pour protéger une restructuration. La réforme du cadre juridique de la restructuration de la dette souveraine a mis en concurrence les approches fondées sur le droit international public et sur le droit privé. Cela a été le plus évident avec le processus à l'Assemblée générale des Nations Unies et la modification concomitante des clauses contractuelles. Un cadre futur pourrait inclure une réduction de l'accès au contentieux, un rôle plus important reconnu aux droits de l'homme de la population débitrice et une action de l'Union européenne à mi-chemin entre les deux approches<br>This thesis considers the legal framework of sovereign debt restructuring in relation to private creditors and the relevant rules of public international law. The research question is : What is the actual and potential role of public international law in sovereign debt restructurings ? The current legal framework is fragmented, and a multitude of actors and practices coexist. Political expediency governs the process and the outcomes, with little room for customary rules or general principles of law. The case law reveals the challenges for both domestic courts and international tribunals in dealing with sovereign debt restructurings. The contractual approach provides incentives for creditors to attempt creative litigation, which disrupts negotiations. Investment arbitration has proved an inadequate response. The inconsistencies among the different fora bring about unsatisfactory results for creditors and debtors alike, let alone the implications for legal certainty. For the future prospects, the concepts of odious debt and state of necessity can provide limited improvements, at best. Their content and contours appear too ill-defined to be relied upon by States wishing to shield a restructuring. The reform of the legal framework for sovereign debt restructuring has set a competition between approaches based on public international law and on private law. This has been most evident with the process at the United Nations General Assembly and the concomitant modification of contractual clauses. A future framework could potentially feature less avenues for litigation, a focus on the human rights of the debtor population, and a middle ground shaped by the European Union
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Seatzu, Francesco. "Insurance in private international law : a European perspective." Thesis, University of Nottingham, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.364461.
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Johnson, Phillip Michael. "Private international law, intellectual property and the Internet." Thesis, Queen Mary, University of London, 2005. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1829.
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Intellectual property is a territorial right; yet despite this there are a number of international treaties mandating standards. Historically, this has allowed private international law and intellectual Property to ignore each other. With the advent of the Internet this benign neglect has not only ended, but there has been a flood of new ideas on reconciling the territoriality of intellectual property with the global nature of the Internet. These new approaches attempt to deal with the problems associated with international intellectual property litigation - the uncertainty of which law applies, multiplicity of claims andforum shopping - each of which increases the cost for both users and proprietors of intellectual property. This thesis examines these approaches, using wealth maximisation and economic efficiency, and determines that none of themfits within the constructs of an efficient solution. However, the proposalfor a single applicable law, enabling consolidation, is seized upon as efficient. It then follows that the principle of consensual exchange, enabling private parties to agree which court has jurisdiction and which law applies (rather than States mandating these matters), is the efficient solution to the selection problem. This consensual exchange proposal contains two paradigms - the bilateral and the unilateral - which in turn are broken down into ten propositions. The bilateral paradigm permits parties to select not only the jurisdiction to adjudicate the dispute, but also the universal applicable law. The unilateral Paradigm uses the doctrine actor sequitur forum rei, with the universal applicable law being selected ex ante by the proprietor. Finally the propositions are placed within the context of international, regional and domestic law (of the four target jurisdictions: England and Wales, the United States, France and Germany) and questions of compatibility are assessed.
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Areal, Ludeña Santiago. "Oil platforms and private security in spanish law: An approach." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118997.
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Within the scope of the Spanish legislation, in this article we will develop the regulation about private security on oil rigs. In this sense, it is necessary to give a possible legal responses to this fact, because of the current drawbacks for proper regulation in the European country. It is therefore necessary to provide answers from the different perspectives of law such as the Public, Private International Law, Administrative Law, Commercial Law and Labor Law, International Law which will lead us to determine what should be the role of State.<br>Dentro del ámbito de aplicación de la legislación española, en el presente artículo desarrollaremos la regulación que existe respecto a la seguridad privada en las plataformas petroleras. En este sentido, es necesario dar unas posibles respuestas jurídicas ante este hecho, debido a los actuales inconvenientes para su adecuada regulación en el país europeo. Por ello, es necesario proporcionar respuestas desde las distintas perspectivas del derecho como son el Derecho Internacional Público, Derecho Internacional Privado, Derecho Administrativo, Derecho Mercantil y Derecho Laboral, lo que nos guiará a determinar cuál debería ser el papel de Estado.
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Rose, Cecily Elizabeth. "International regulation of private sector corruption." Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648506.
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Chun, Changmin. "Intermediated securities and systems in substantive law and in private international law." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=18739.
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With the advancement of intermediated systems coupled with the rapid development of information technology, securities holding patterns have drastically changed from direct holdings to intermediated holdings, which facilitated the explosive increase of securities transactions during the last half century. In intermediated systems, traditional functions of securities certificates have faded away and intermediated securities credited to securities account books play a key role in determining proprietary issues. In spite of the innovative development of intermediated systems, legal regimes for the systems have not kept up with the development of the systems. Specifically, there has been much legal hindrance in cross-border securities transactions. In this regard, this thesis first attempts to research substantive laws for intermediated systems in the United States, the United Kingdom, Canada, Japan and Korea. The Unidroit draft convention on intermediated securities is also discussed as neutral fact-centred international substantive rules. In the substantive law analysis, this thesis suggests preparing new rules that are internally sound and internationally compatible, friendly to users and markets, and readily accessible clear, intuitive rules which satisfy basic legal needs of intermediated securities holders and ensure market efficiency and stability. In the private international law analysis, this thesis finds the traditional lex rei sitae (or the lex situs), which calls for application of the law of the place where securities are located, is no longer a proper connecting factor in proprietary issues of an intermediated securities disposition, given that the location of securities has no meaningful function in intermediated systems. The Hague Securities Convention, which refers to the PRIMA (Place of Relevant InterMediary Approach) that localises an intermediary, went beyond the PRIMA and selected its primary rule in an account agreement between an account hold<br>Avec l'avancement des systèmes d'intermédiaires et les développements technologiques récents, les modèles de détentions des titres d'investissement ont changé dramatiquement au cours des cinquante dernières années. ce qui a facilité l'expansion accrue des transactions. Dans les systèmes intermédiés, la fonction traditionnelle des titres certifiées est en train de se dégrader, et ainsi les titres intermédiés crédités aux livrets de comptes sécuritaires jouent un rôle important dans la détermination des droits de propriété et des droits prioritaires. Malgré les innovations des systèmes d'intermédiaires, les régiments juridiques applicables à ces systèmes n'ont pas évolués au même rythme. Ceci affecte particulièrement les opérations transfrontalières. Cette thèse débute donc avec un examen du droit matériel applicable aux systèmes intermédiés aux États-Unis, au Royaume-Uni, au Canada, au Japon et en Corée. Le projet de convention d'Unidroit sur les systèmes intermédiés est aussi considéré comme option neutre et centrée sur la dimension factuelle des transactions. Suite à cette analyse du droit matériel, cette thèse recommande l'adoption de nouvelles règles basées sur des fondements juridiques solides et compatibles avec la dimension transfrontalière des échanges; ces règles cherchent à être simples et accessibles, utiles aux usagers et à augmenter la prévisibilité tout en assurant la stabilité et l'efficacité des marchés. Passant ensuite à l'analyse du droit international privé, cette thèse rejette la règle de conflit traditionnelle de la lex rei sitae (ou la lex situs), qui n'est plus adéquate pour régler les problèmes liées à la propriété en matière de disposition des titres intermédiés, puisque la localisation concrètes des titres n'a plus de fonction significative dans les systèmes intermédiés. La Convention de La Haye sur les Titres qui s'inspire plutôt de la règle PRIM
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Zhang, Huang. "Directors’ liability from the perspective of private international law." Doctoral thesis, Universitat Autònoma de Barcelona, 2014. http://hdl.handle.net/10803/284240.
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La responsabilidad de los administradores es una buena herramienta que nos permite revelar las diversas teorías y ideologías en materia de gobierno corporativo. Se trata de un tema societario muy importante en el ámbito jurídico internacional. Esta tesis aborda el problema de la aplicación de las normas del Derecho internacional privado a la responsabilidad de los administradores.
La primera parte de la tesis realiza un análisis profundo del ordenamiento sustantivo de Francia, Reino Unido, Alemania, España y China, partiendo de una perspectiva comparada. A través de una comparación entre los diferentes sistemas jurídicos se obtiene un panorama general de los ordenamientos sustantivos sobre la responsabilidad de administradores. También se estudian las medidas que se adoptan en los países al establecer sus propios sistemas con el objetivo de tener un buen gobierno corporativo.
La segunda parte de la tesis se ocupa de los problemas de competencia judicial internacional en la materia de la responsabilidad de los administradores. Por un lado, se tienen en cuenta aspectos tales como el domicilio del demandado, competencia exclusiva, sumisión de las partes, y obligaciones contractuales y extra-contractuales. El examen se centra en la aplicabilidad del Reglamento Bruselas I en este sector. Por otro lado, se procede tanto a la interacción entre el Reglamento de Insolvencia y el Reglamento Bruselas I, como a la articulación del Derecho europeo con el Derecho nacional. Asimismo, también se presta atención a la búsqueda de una solución para los problemas que se derivan del recurso a los tribunales estatales, y por tanto se tiene en cuenta la aplicabilidad de arbitraje en dicha materia.
La tercera parte de la tesis se dedica a la determinación de la ley aplicable a las cuestiones derivadas de la responsabilidad de administradores. Por un lado, se estudia la articulación entre lex societatis, lex concursus, lex contractus, lex loci delicti y lex fori. Por tanto, se examinan tanto la aplicabilidad del Reglamento Roma I, Reglamento Roma II, Reglamento de Insolvencia, como la de las normas nacionales del Derecho internacional privado. Por otro lado, se tiene en cuenta tanto el principio de la libertad de establecimiento garantizado por el Derecho europeo, así como en qué medida este principio afecta al régimen de la responsabilidad de administradores<br>Directors’ liability is an excellent vehicle for revealing the diverse theoretical and ideological approaches to corporate governance. It is a subject of corporate legal work all over the world. Based on directors’ liability, this dissertation focuses on how the private international law rules apply in dealing with this kind of liability.
The first part of the dissertation examines comprehensively with detailed analysis the legal systems in France, the UK, Germany, Spain and China from a comparative perspective. By comparing competitive legal systems of different countries, we try to give a panorama on the substantive rules on directors’ liability, and to clarify how the legal systems of different countries are designed to ensure good corporate governance.
The second part of the dissertation deals with jurisdictional problems in the regime of directors’ liability. On one hand, we take into account the aspects such as defendant’s domicile, exclusive jurisdiction, party autonomy, and contractual and non-contractual obligations and investigate the applicability of Brussels I Regulation in directors’ liability. On the other hand, we also examine the interaction of Insolvency Regulation with Brussels I Regulation, and the articulation of the EU law and national law in this area. Furthermore, we try to offer another solution to the jurisdictional problems existing in directors’ liability by referring to arbitration as well.
The third part of the dissertation deals with the problems relating to applicable law in the regime of directors’ liability. On one hand, we investigate the articulation of lex societatis, lex concursus, lex contractus, lex loci delicti and lex fori. And therefore we examine the applicability of Rome I Regulation, Rome II Regulation, Insolvency Regulation as well as national private international law rules in this area. On the other hand, we also take into account the EU principle of freedom of establishment and therefore study on how it affects the regime of directors’ liability on the basis of ECJ’s interpretation.
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Alen, Balde. "Private antitrust law enforcement in cases with international elements." Thesis, University of Glasgow, 2016. http://theses.gla.ac.uk/7060/.
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The Supreme Court of the United States consented in its Empagran decision that the foreign antitrust injury that is in a dependency relationship with anticompetitive effects (antitrust injury) in the U.S. is to be litigated before the U.S. courts. Since this decision antitrust law litigation in an international context does not depend merely on anticompetitive effects in the U.S., but also on the relationship between anticompetitive effect and (foreign) private antitrust injury. This is something that was not present in pre-Empagran cases. The Supreme Court did not provide conditions on the basis of which the relationship between anticompetitive effects and private antitrust injury could be classified as one of dependency. This means that the Supreme Court left the determination of these conditions to lower U.S. courts. The lower U.S. courts, instead of attempting to determine these conditions, have made foreign private antitrust injury even more difficult to litigate before the U.S. courts. There are three factors that contributed to this development in U.S. case law: the understanding of the Empagran litigation; the understanding of the nature of the international context, and U.S. courts taking a pro-active role in delivering their decisions for which the reasoning is difficult to understand. The greatest obstacle that post-Empagran U.S. courts have placed in front of private antitrust litigants is the requirement that instead of ‘dependency connection’ there should be ‘direct causation’ between anticompetitive effects in the U.S. and litigated (foreign) private antitrust injury. This thesis considers the existing theoretical and practical problems of the current analytical framework under which antitrust violation is analysed in an international context. The thesis introduces the new legal concept of a ‘transborder standard’. This is necessitated by the starting position of this thesis that a factual situation under adjudication cannot be only either ‘domestic’ or ‘foreign’, but can also be ‘transborder’. The introduction of the transborder standard to the existing theoretical framework enables (and requires) the analysis of the factual situation under adjudication in its integrity, bearing in mind also the purpose of private antitrust law enforcement and the right of private parties to be compensated for suffered antitrust injury. The transborder standard provides a framework to analyse antitrust claims brought before the U.S. courts by those private parties who satisfy their private antitrust injury outside the U.S. At the same time, the transborder standard does not enable private litigants to take advantage of simultaneous antitrust litigation before U.S. courts and the courts of non-U.S. countries. ‘Transborder standard’ is a new legal concept. Nevertheless, the existing system of U.S. antitrust law enforcement does support it and, consequently, the transborder standard can be directly applied.
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Mejlerö, Anna. "International Arbitral Awards : A Study of Enforcement in China." Thesis, Jönköping University, JIBS, Commercial Law, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-115.
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<p>The increase in international trade creates a growing number of disputes between parties from different countries. International arbitration is the most preferred mechanism to solve disputes in international trade. If the failing party does not voluntarily comply with the award, the successful party must apply for recognition and enforcement of the award in order to obtain the remedies. Since China is one of the major business markets in the world, several of the companies committed to arbitral procedures are likely to have assets in China. This means that, if a party fails to honour an award, an enforcement procedure may begin within a Chinese court. The enforcement procedures in China are said to be insufficient and not to comply with international standards. International conventions and treaties provide for a high level of security in the recognition and enforcement procedure of the arbitral award. The most used and important instrument for recognition and enforcement is the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, to which China as well as Sweden are Contracting States. According to the Convention, an international arbitral award may only be refused under certain grounds laid down in the Convention. An analysis of the legal situation in China confirms that there are problems associated with the enforcement of arbitral awards. These problems are not, however, connected with the concept of international arbitral awards, but rather with the entire judicial system in China. Even though an enforcing party can do little to overcome these problems, certain measures can be taken in order to ease the enforcement procedure.</p>
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Sjösvärd, Eira. "Legal Approaches to Child Marriage Concluded Abroad : A Comparison between Swedish Private International Law and English and Scottish Private International Law on Child Marriage." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-431944.
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Elias, Olusoji. "Judicial remedies in English private international law : a critical analysis." Thesis, University College London (University of London), 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.338735.
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Posman, Kisakiu Pomalat. "Compensation for nationalization of private foreign investment international law standards." Thesis, University of Ottawa (Canada), 1987. http://hdl.handle.net/10393/5078.
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Alhoudail, Mamdouh Ali. "Air carrier liability : unfinished unification of private international air law." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98601.
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On 31 November 2003 the 1999 Montreal Convention for the Unification of Certain Rules for International Carriage by Air entered into force. Its purpose was to consolidate and modernize the Warsaw system and to reunify the provisions of several international instruments of private international air law under one legal instrument. The Montreal Convention consolidates the positive elements of the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol and Additional Protocol Numbers 3 and 4. It also simplifies and modernizes the requirements of documentation relating to the carriage by air of passengers, baggage and cargo. Most importantly, the Montreal Convention modernizes of the liability regime for death and injury to passengers by adopting the passenger liability regime in the IATA Inter-carrier Agreement. It also modernizes the liability regime for damage to baggage and cargo and the delay. In spite of the foregoing, the Montreal Convention fails to advance the unification of private international air law any further than the Warsaw Convention.<br>This thesis analyzes the provisions of liability regimes under the Warsaw System and the 1999 Montreal Convention. Chapter one studies the liability regime established under the original Warsaw Convention and the subsequent attempts by states, air carriers and other interested entities to update it. Chapter two analyzes the new regime of unlimited liability established by the 1999 Montreal Convention. Chapter three examines the liability of the air carrier for damage caused by terrorist activities. In an effort to demonstrate the innovative elements of the new Convention and to encourage states to ratify it, chapter four surveys the main benefits that have accrued to the Kingdom of Saudi Arabia and its national air carrier upon ratification of the 1999 Montreal Convention.
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Tan, Yvette S. "Public Policy in Adult Relationships in English Private International Law." Thesis, University of Manchester, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.532232.
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Verhagen, Hendrikus Leonardus Engelbertus. "Agency in private international law : The Hague Convention on the law applicable to agency /." Dordrecht : The Hague : M. Nijhoff ; TMC Asser instituut, 1995. http://catalogue.bnf.fr/ark:/12148/cb37761452c.
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Bigos, Oren. "Private international law aspects of cross-border wrongs on the internet." Thesis, University of Oxford, 2006. https://ora.ox.ac.uk/objects/uuid:b93606c0-d750-4a00-9635-3b1d16b14d5f.
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Private international law divides the world into territories, each with its own court system and laws. The internet presents challenges to this neat division. It is difficult to identify where an activity takes place on the internet. Wrongs on the internet leave many questions unanswered in transnational litigation. This paper addresses the private international law aspects of cross-border civil wrongs on the internet. Chapter A introduces the internet, and aims to simplify the technical issues. Chapter B asks which court has jurisdiction in a case of wrongs on the internet. The focus is on two sets of rules commonly applied around the globe: the service abroad provisions and the special jurisdiction provisions. The chapter aims to advance general principles applicable in cases of cross-border wrongs committed on the internet, as to the place where a wrong is committed, and the place where damage is suffered. The issue whether a court can grant an injunction against a foreign defendant in respect of foreign conduct is also explored. The exercise of jurisdiction under the service abroad provisions is discretionary. Chapter C examines the forum (non) conveniens discretion in the context of wrongs on the internet. It concludes that, of the US jurisdictional principles developed in internet cases, the sliding scale test should be treated with caution, but the effects test (targeting) should be a factor that is taken into account, in exercising the discretion. Chapter D asks which law applies to a wrong on the internet, concentrating on the divergent choice of law rules in tort in Australia, Canada, the UK and those proposed in the EU. The two chapters that follow consider wrongs to which the internet environment is particularly susceptible, and which deserve separate treatment: intellectual property infringements (Chapter E) and defamation (Chapter F). The final topic, recognition and enforcement of foreign judgments relating to wrongs on the internet, is the subject of Chapter G. The paper rejects the suggestions that new rules should be developed for wrongs on the internet, and concludes that the existing private international law rules are largely workable in the internet context, but require some flexibility in order to be adaptable.
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Abousuwa, Ali Ahmed. "Liability in private international air law for aircraft repair caused accident." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=63393.
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Genneby, Johan. "Hard Decisons, Soft Laws : Exploring the authority and the political impact of soft law in international law." Thesis, Linköping University, Department of Management and Economics, 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-1864.
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<p>The question of whether there is soft law in international law has been as much the subject of contemporary debate as whether or not there is private legal authority in the international society. The legal boundaries seem to be blurred by the process of globalisation and the recent shift in international law. The traditional definition of international law has been outdated as new forms of treaties has introduced new subject of law to the judicial arena. At the same time a supplementary map of law has been added to the cartography of international law, soft law. These correlating processes have comprehensive political and legal consequences at both the international and national levels. This essay examines and identifies soft law from a legal-political perspective and locates and explores private forms of legal authority on the map of contemporary international law. In respect to theory, it accounts for an interdisciplinary approach involving issues of both international law and international relations. In the process this study examines issues regarding the relative legal normativity and the blurring of legal authority in international law. The focus is on the legal character, the constitutive practices and the legal and political influence of soft law. It discusses the influence and power exerted by soft law over state actors in the international system and at the national level. The essay finds that soft law is of substantial relevance in the international ambit. To some extent a limited normative force of certain norms is recognized in soft law even though it is conceded that those norms would not be enforceable by an international court or other international organ. To say that it does not exist because it is not of the enforceable variety, might blind students of international law to another dimension of the landscape of international practice. Soft law does not translate to soft obligations in the reality of international society, and it seems to be some confusion surrounding the obligations conceived by it. The research here presented suggests that its political and legal power is substantial. The researched examples do not display any real private legal authority in soft law. This is because soft law is found to be a separate phenomenon from international law proper. However, soft law’s impact on national governments combined with the wider acceptance of the presence of private actors in the creation of soft law suggests that private power is noteworthy in comparison. In one of the studied examples, the soft law is concluded by private business representatives solely, but in requiring the status of soft law it is dependant on the recognition of the international and national legal bodies.</p>
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Mills, Alexander David. "Private international law in international perspective : justice, pluralism and the constitutional ordering of regulatory authority." Thesis, University of Cambridge, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.613337.
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Grušić, Uglješa. "The international employment contract : ideal, reality and regulatory function of European private international law of employment." Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/583/.
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Private international law has traditionally been perceived as a field of law concerned with resolving individual private disputes and achieving private justice and fairness in individual cases. This dissertation challenges this view by examining the systemic function of European private international law of employment, one of allocating and protecting regulatory (i.e. legislative and adjudicatory) authority of states in the field of labour law, thus maintaining and managing the diversity of European national labour law systems and safeguarding the objectives of uniform and harmonised EU employment legislation. This dissertation also explores the changes that the ‘Europeanization’ of private international law of employment has brought about in the traditional rules and perception in this field of law in England. In addition to introducing special rules of jurisdiction in employment matters that had not existed before, the European private international law instruments have largely merged the traditionally perceived contractual, statutory and tortious claims into one type of claim for choice-of-law purposes, thereby also abolishing concurrent causes of action. The conceptualisation of this field of law in terms of its regulatory function reveals something about the nature of private international law as a whole. The fact that European private international law of employment performs a regulatory function is a piece of evidence for the proposition that the division between the ‘private’ and the ‘public’, traditionally perceived as embedded in the foundations of the discipline and even expressed in its very name, has faded away.
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Paschalidis, Paschalis. "The impact of freedom of establishment on private international law for corporations." Thesis, University of Oxford, 2009. http://ora.ox.ac.uk/objects/uuid:a2a154a6-22de-42b8-a745-5ddf3a8bf5a5.
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The present thesis is concerned with private international law for corporate and insolvency disputes in the context of freedom of establishment. First, it presents the traditional rules of conflict applicable to corporate disputes that have been implemented in some major jurisdictions. Second, it analyses the relevant leading judgments of the European Court of Justice and it demonstrates the way in which, contrary to popular belief, the real seat theory has not been held contrary to freedom of establishment. The thesis then deals with the concept of letter-box companies and examines the limitations that are being placed to the use of freedom of establishment. This is followed by a juxtaposition of the factors that have lead and could lead to regulatory competition for corporate law in the USA and the EU respectively. A modest approach is taken towards the possibility of the latter occurring in the EU. Third, the thesis examines the treatment of insolency disputes in this context. A substantial part of it is dedicated to the definition of the basis for international jurisdiction for the opening of insolvency proceedings, namely the centre of main interests. It argues in favour of an objective test for the identification of the centre of main interests (COMI) and the allocations of certain burdens on both the debtor and the creditors. It then focuses on the treatment of forum shopping in the context on international insolvencies. Based on considerations of consent and economic efficiency, it suggests a definition, according to which certain transfers of the COMI should not amount to forum shopping. Finally, the thesis examines the possibility of a regulatory competition for insolvencies in the EU and seeks to demonstrate that the conditions for such a competition are more analogous between US corporate law and EU insolvency, rather than company, law.
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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.<br>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.<br>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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DUTRA, DEO CAMPOS. "ENFORCEMENT OF HUMAN RIGHTS THROUGH PRIVATE INTERNATIONAL LAW: THE HAGUE CONVENTIONS ON FAMILY MAINTENANCE AS EXPRESSION OF CONTEMPORARY INTERNATIONAL FAMILY LAW." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2010. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=35051@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO<br>O Direito Internacional Privado, tendo como eixo axiológico o homem, é um dos mais importantes instrumentos da ciência jurídica no reconhecimento e preservação da dignidade e dos direitos humanos. Em se tratando de família, essa propriedade vem sendo notada no decorrer de sua história, fornecendo ao homem
a oportunidade de ter sua dignidade respeitada das mais diversas formas. A uniformização e a codificação do Direito Internacional Privado, através da composição de grandes ambientes de debates e negociação, como a Convenção Permanente da Haia, possibilitam o respeito às diferenças culturais e sociais. Consequentemente, no momento da construção da melhor lei a ser aplicada ou até mesmo da lei material adotada pela Convenção, constrói-se um conjunto normativo sólido e legítimo que fornece ao indivíduo sua promoção.<br>The Private international law, having as the axiological axis the man, is one of the most important tools of legal science in the recognition and preservation of dignity and human rights. When it comes to family, this property has been recognized in the course of its history, giving the man the opportunity to have their dignity respected in many different ways. The standardization and codification of Private International Law, through the composition of large spaces of debate and negotiation, as the Permanent Convention Hague, allow respect for cultural and social differences. Consequently, during the construction of the best law to be applied or even the substantive law adopted by the Convention, it s built a solid and legitimate set of rules that provides promotion to the individual.
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Torremans, Paul Leo Carl. "Bankruptcy and insolvency in European private international law : towards a harmonised approach?" Thesis, University of Leicester, 2001. http://hdl.handle.net/2381/31102.
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This thesis is written from a private international law point of view and applies a conflicts analysis to cross-border insolvencies. A comparative approach is adopted. The jurisdictions chosen are Belgium and England and Wales. Belgian law was chosen because it is a good example of a radical adherence to the principles of unity and universality. In the light of this theoretical starting point a single set of proceedings is preferred and ancillary or territorial proceedings in any form are virtually impossible. English law, whilst accepting the universality principle, rejects the unity principle. This leads to a very different approach, with plenty of space for ancillary proceedings. The two legal systems are therefore highly suitable for a comparative analysis with the aim to discover whether existing national systems of private international law are capable of dealing effectively and efficiently with ever increasingly complex cross-border insolvencies. The analysis of the two legal systems involved leads to the clear conclusion that each system has its advantages, but that nevertheless neither of them is able to deal with cross-border insolvencies on its own. In a second stage the thesis therefore analysis transnational initiatives that could address this problem. The EU Regulation and the UNCITRAL Model Law have been chosen because the first one will enter into force in 2002 and because the latter one has a good chance of being implemented. Both initiatives come as packages and all their provisions are therefore analysed. At the end of this analysis the clear conclusion is that national systems can no longer cover things alone. Ideally measures such as those contained in the Regulation should be adopted globally, as a starting point. Since that may not yet be possible, the slightly weaker alternative in the Model Law can be a good starting point. This is clearly an area in full evolution.
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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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Raulus, Helena. "Private international law in the European Union : from conventions to community instruments." Thesis, University of Aberdeen, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.430053.
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This thesis is about the transposition of the Conventions adopted by the Member States of the Community in private international into internal Community measures. Article 65 of the EC Treaty as amended by the Treaty of Amsterdam allowed the Community to adopt general measures in private international law for the first time. This competence has been used by the Community to adopt the Brussels I Regulation on jurisdiction and recognition and enforcement of judgments in civil and commercial matters, the insolvency Regulation, the service of documents Regulation, evidence Regulation and the Brussels II and Brussels II bis Regulations on jurisdiction and recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility. All these measures have in common, apart from the Evidence Regulation, the fact that they were adopted first as Community conventions. The thesis aims to analyse the various issues arising out of the transposition of these Conventions into Community Regulations. The Brussels I Convention, which was originally adopted under Article 293(4) (ex 220(4)) EC Treaty, is the main focus of the thesis. This Convention was the only successful Convention adopted under this Treaty basis and it was adopted by the Member States in 1968. Because it has been in force for such a long time, it is possible to analyse the Convention negotiation and amendment process, to examine European Court of Justice’s approach to Community conventions and to compare the effectiveness of the convention process of adopting internal Community measures. In relation to the Community Regulations, the main question to be explored is: whether these instruments fulfil the purposes set out in the Treaty. Article 65 EC allows the Community to adopt private international law measures that are “necessary for the proper functioning of the internal market”. By looking at the substantive provisions adopted, other international instruments in the field, and other legislative options open to the Community an assessment will be made of whether the purposes of the Treaty were achieved in the best possible manner by adopting these instruments. Finally, the relationship of the Community with the Hague Conference on Private International Law is analysed. The Hague Conference is a prestigious international organisation with specialty and expertise in private international law. The effects, if any, that the communitarisation of private international law will have for the working of the Conference, and the position of the Member States in the Conference, will be examined.
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Savin, Andrej. "Community principles and choice of law : the transformation of private international law in the European Union." Thesis, University of Cambridge, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.620952.
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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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Ghajar, Homa. "Ett europeiskt småmålsförfarande." Thesis, Jönköping University, JIBS, Commercial Law, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12205.
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<p>Förordningen om inrättande av ett europeiskt småmålsförfarande (EG) nr. 861/2007 trädde ikraft den 1 augusti år 2007. Förordningen tillämpas fullt ut från och med 1 januari år 2009. Förordningen tillämpas i samtliga medlemsstater utom i Danmark. Förfarandet som inrättas genom förordningen utgör endast ett alternativ till befintliga rättegångsförfaranden. För Sveriges del innebär detta att förordningen ska vara ett alternativ till bestämmelserna i rättegångsbalken. I verkställighetsdelen ska förordningen vara ett alternativ till Bryssel I-förordningen.</p><p>Förordningens syfte är att förenkla, påskynda samt kostnadseffektivisera handläggningen av småmål. Förordningen gör det även enklare för parterna att få erkännande och verkställighet av ett avgörande i det europeiska småmålsförfarandet i en annan medlemsstat. Förordningen är tillämplig inom privaträttens område, tvisten ska ha en gränsöverskridande karaktär, fordran får inte överstiga 2 000 euro samt domstolen måste vara behörig.</p><p>Det finns både för- och nackdelar med förordningen utifrån ett svenskt perspektiv. En nackdel kan vara den ökade målströmningen till de allmänna domstolarna, vilket kan vara resurskrävande. Även antalet exekvaturmål i Svea hovrätt kommer förmodligen att öka. Den största fördelen med förordningen är att den har avskaffat exekvaturförfaranden i form av nationella verkställighetsförklaringar. Sådana verkställighetsförklaringar finns dock i Bryssel I-förordningen men på ett mer förenklat sätt.</p><p> </p><br><p>On the first of August 2007, the regulation of a European small claim procedure (EU) No. 861/2007 entered into force. The regulation is however fully administered from the first of January 2009, and shall be used in all member states, besides Denmark. The small claim procedure composes only an alternative procedure to the member states existing small claim provisions. In Sweden the regulation composes an alternative to the provisions in the Act (1942:740) of procedure.</p><p>The aims of the regulation are to simplify, precipitate and to make the handling of small claims inexpensive. It also aims to make it easier for the parties to get recognition and enforcement of judgments in the European Union. The regulation is to be used in civil law and has to be a cross-border contention. The claim cannot exceed the limit of 2 000 euro and it has to be a tribunal that carries jurisdiction.</p><p>From a Swedish point of view, the regulation carries both advantages as well as disadvantages, a disadvantage would be the increased civil action to the common courts and it will be resource-demanding. The quantity of exequatur contention in Swedish court of appeal will most believably also increase. The main advantage of the regulation is the abolishment of the exequatur when the Brussels I, on the other hand, only set out to simplify it.</p>
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Lu, Angela Cheng-Jui. "The crisis of unification of private air law : problems and solutions." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq29834.pdf.
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Kayser, Valérie. "Legal aspects of private launch services in the United States." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60462.
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The last decade has witnessed the development of a private launch industry. Under international space law, in particular the Outer Space Treaty of 1967, States shall supervise and authorize the activities of their nationals, including private launch companies, in Outer Space. In the United States, a substantial set of regulations has been elaborated to exercise this control over the activities of the private launch industry. This thesis analyzes, in a first chapter, the evolution which led to these regulations. The Commercial Space Launch Act of 1984 and the subsequent regulations issued by the Office of Commercial Space Transportation, regarding the licensing process are dealt with in the second chapter. The third chapter examines the most important practical legal issue relating to private launch services, namely liability and insurance.
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Hardjowahono, Bajuseto. "The unification of private international law on international commercial contracts within the regional legal system of ASEAN /." Groningen : Ulrik Huber Inst. for Private International Law, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/52443056X.pdf.
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Pamborides, George Pan. "The impact of public international law on private shipping law : the effect of the modern international legislative and enforcement practices on certain principles of maritime law." Thesis, University of Southampton, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.264650.
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Oppong, Richard Frimpong. "Relational issues of law and economic integration in Africa : perspectives from constitutional, public and private international law." Thesis, University of British Columbia, 2009. http://hdl.handle.net/2429/17454.
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This thesis examines how relational issues of law in economic integration are being approached in Africa. At their core, relational issues deal with the legal interactions among community, national, regional and international legal systems within the context of economic integration. The theory is that effective economic integration is the product of properly structuring and managing – within well-defined legal frameworks – vertical, horizontal and vertico-horizontal relations among states, legal systems, laws and institutions. Put differently, an economic community must have well-structured and managed relations between itself and other legal systems as a necessary condition for its effectiveness. After expounding this theory and applying it to the state of affairs in Africa (focusing principally on four regional economic communities), the original contribution of the thesis to knowledge on economic integration in Africa can be captured in a few words: Africa’s economic integration processes have not paid systematic or rigorous attention to relational issues. The interactions between community and member states’ legal systems, among the various communities, as well as among member states’ legal systems, have neither been carefully thought through nor placed on a solid legal framework. Where attempts have been made to provide a legal framework, it has been incomplete, unsatisfactory, and, sometimes, grounded on questionable assumptions. The thesis argues that, unless these shortfalls are remedied, the progress and effectiveness of Africa’s economic integration will be seriously undermined. The thesis reveals that even if all the infrastructural, socio-economic and political challenges that bedevil Africa’s economic integration were to disappear, - and it is these challenges that most of the scholarship on Africa’s economic integration are devoted to - there remains much in the realm of law which, if unaddressed, will hinder its success and effectiveness.
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Alharbi, Meshal Nayef. "Trademark and patent disputes in Saudi Arabia : an analysis of private international law." Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/13858.
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The subject of the conflict of laws and arbitration in intellectual property rights is a complicated topic to research, because the normal rules of private international law and arbitration can be affected by the special characteristics of patents and trademarks. Some rules of these subjects might need to be reformed and in some cases there are principles that should be created to successfully handle cross-border disputes concerning patents and trademarks. Establishment of a special court with supranational jurisdiction may be required to resolve these types of disputes. Recently, this subject has been given enormous attention around the world. While the academics, legislators and forums in developed states have broadly discussed the subject of conflict of laws and arbitration in intellectual property rights, in Saudi Arabia, it has not been given noticeable attention. This thesis intends to make a significant contribution to Saudi law and provide appropriate approaches on the subject of conflict of laws and arbitration in intellectual property rights. The topics which will be covered in this thesis are the rules of international jurisdiction, the rules of choice of law, the rules for enforcement of foreign judgments and the rules of arbitration. The modification and the enhancement of the rules of private international law and arbitration established in Saudi law will be recommended and the arguments for each suggested approach will be presented.
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Bahri, Amrita. "Public private partnership in WTO dispute settlement : enabling developing countries." Thesis, University of Birmingham, 2015. http://etheses.bham.ac.uk//id/eprint/6242/.
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The doctoral research investigates the nature and elements of domestic mechanisms, including public private partnership (PPP) procedures, devised for the management of WTO disputes in selected developed and developing countries. With China, Brazil and India as its case-studies, the research explores various strategies to devise an effective PPP mechanism for handling international trade disputes in developing countries. The research objective is to explore the benefits of engaging the private sector in the intergovernmental process of WTO dispute settlement, and to identify the reforms that will be needed for devising a workable domestic framework for handling foreign trade disputes through PPP arrangements. The research highlights important issues and concerns that need consideration before any legal, institutional, regulatory and procedural reforms are carried out. Moreover, the research seeks to enable developing countries to critically evaluate a diverse range of PPP strategies employed so far, and to determine their individual approaches towards PPP and dispute management. The thesis constitutes a practical guidebook for policymakers in those developing countries which have the motivation to strengthen their WTO dispute settlement capacities. The topical area of research and pragmatic approach towards research questions, together with an empirical research methodology makes this study an original contribution to existing literature and knowledge.
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Toope, Stephen John. "Arbitrations involving states and foreign private parties : a study in contemporary legal process." Thesis, University of Cambridge, 1986. https://www.repository.cam.ac.uk/handle/1810/285973.
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Arbitrations involving states and foreign private parties are a complex phenomenon, sharing certain animating values with other forms of adjudication, particularly international arbitrations of private commercial disputes, but reflecting at the same time singular values that must be fostered if the institution is to play a beneficial role in the international community. A study of institutional forms of arbitration designed primarily to resolve commercial disputes between private parties reveals that their emphasis upon stability and upon the certainty and predictability of rules can make such institutions inappropriate for the arbitration of disputes involving states. Regimes designed specifically to regulate arbitrations between states and foreign private entities may be more successful in displaying sensitivity to the needs and aspirations of both public and private parties, but the work of the largest specialised institution, the International Centre for Settlement of Investment Disputes, is hampered by its governing Treaty for it does not deal adequately with the enforcement of awards against states. Ad hoc arbitration continues to be a useful means of resolving commercial disputes between states and foreign private parties, especially because the parties are free to design or to choose a delocalised procedural law which need not hinder enforcement. The great difficulty with all forms of arbitration between states and private entities is the substantive law to be applied by such tribunals. Under the principle of the autonomy of the will, the parties are free to choose the governing law, and they may select international law. If they do so, however, the choice does not imply that the foreign private party is assimilated to a state or that the international responsibility of the state party is engaged directly vis-a-vis the private party. The enforcement of arbitral awards is also a troubling problem, but recent municipal case law reveals a growing pro-enforcement bias. Nevertheless, the experience of the Iran-United States Claims Tribunal reveals the significant advantages that accrue to the parties if they agree in advance upon an independent enforcement mechanism. The political tensions inherent in most "mixed" arbitrations demand flexibility in the application of procedural and substantive rules, and require an approach to dispute resolution that emphasises the value of compromise. As such, the awards that emerge from mixed arbitrations are likely to be idiosyncratic or, at the very least, vague. Nevertheless, if one stresses the importance of process values rather than the elaboration of substantive rules, arbitration between states and foreign private parties can play an important role in the enhancement of the international rule of law.
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Hettiarachchi, Lasantha. "The profound subtleties of the Warsaw private international air law regime : then, now and tomorrow." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69527.
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Today, air transport is undoubtedly the most used mode of travel for carrying persons and goods between different countries.<br>Of the many and diverse legal complications arising in transportation by air, private liability of the air carrier in international law towards passengers and shippers of cargo, remains one of the most discussed yet complicated areas of civil aviation.<br>This thesis is an overall examination of the international law conventions that presently govern the rights and duties of the air carrier vis a vis the passengers and shippers of cargo, and the legal implications of the changes proposed to the present legal regime.
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Patrick, H. A. "Aspects of the Scots international private law of property : towards a coherent general theory of choice of law." Thesis, University of Edinburgh, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.660430.
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Selected issues in the Scots international private law of sale, securities and insolvency are considered, with a view to establishing a tentative general theory of choice of law relative thereto, which could in turn be applied to further issues in the Scots international private law of property and that of other legal systems. The traditional analytical distinction between real and personal rights is applied in a specialised concrete manner in order to ascertain by each consecutive <I>lex situs</I> the real rights which have been created and extinguished in a given item of property. In a situation in which it becomes necessary to rank several rights in and to such an item of property, all extant rights therein and thereto are compared and evaluated relative to each other in accordance with the <I>lex situs </I>at that time, having been 'translated' for such purposes. This simple structure derives from the requirements of third party certainty in property law. The basic choice of law structure is qualified in situations in which it is appropriate to do so, without detracting significantly from requirements of third party certainty. Thus, for example, property issues arising between the parties to transactions are characterised in personal terms and subsidiary choice of law rules are suggested regarding 'mobile' property and in situations such as import transactions and in which several rights derive from the same legal system, concerning all of which the straightforward <I>lex situs</I> rule appears inappropriate. Such subsidiary rules preserve third party certainty by operating after initial permissive reference to the <I>lex situs</I>. Similar rules provide for coherent analysis of funds in an international context, and, in particular, funds arising on insolvency.
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Jorgensen, Brent M. "Outsourcing small wars : Expanding the role of private military companies in U.S. military operations /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2005. http://library.nps.navy.mil/uhtbin/hyperion/05Sep%5FJorgensen.pdf.
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Dowers, Neil Alexander. "The interface between jurisdiction instruments and arbitration." Thesis, University of Edinburgh, 2015. http://hdl.handle.net/1842/26021.
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This thesis addresses the question of how conventions and other instruments regulating court jurisdiction should deal with court proceedings relating to arbitration. It argues that the conventional approach of excluding court proceedings related to arbitration entirely from the scope of the jurisdiction instrument cannot be justified with reference to any international arbitration convention. It continues to argue that the exclusion of arbitration causes or exacerbates significant problems at the interface between the courts and arbitration, taking the European Union’s recent experience as an example. It then argues that the European legislature has recently directly considered the exclusion of arbitration from its jurisdictional instruments and failed to act effectively. Any amendments to this system will necessarily be offered within the relevant legal context, so an assessment of the prevailing principles in European international private law and international commercial arbitration will follow. Furthermore, the ongoing debate surrounding the delocalisation of arbitration and its relevance to the debate about the interface between court jurisdiction and arbitration shall be addressed. Finally, this thesis proposes a model for inclusion of arbitration in the European jurisdiction instrument (the Brussels I Regulation) that would, it is argued, solve or ameliorate the problems at the interface between the Regulation and arbitration, whilst broadly aligning with the prevailing principles in the relevant legal context. The thesis then considers whether this approach could be extended beyond Europe to the world at large, concluding that it could not. This work therefore takes an original approach to a topic of much contemporary controversy, by taking a holistic, rounded, and reasoned view of the problems at the interface between court jurisdiction and arbitration. It also contains original insights into several other areas, including the historical justification for the exclusion of arbitration from jurisdiction conventions, the importance of mutual trust as a founding principle of the common market, the relevance of the delocalisation debate to the topic, and the proposal for reform advanced at the end of this thesis.