Blurry Boundaries of Public and Private International Law PDF Download

Author: Poomintr Sooksripaisarnkit
Publisher: Springer Nature
ISBN: 9811684804
Category : Law
Languages : en
Pages : 287

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Book Description
This book examines interactions and discusses intersectionality between public international law and private international law. With contributions from scholars from USA, Canada, Australia, India and EU, this book brings out truly international perspectives on the topic. The contributions are arranged in four themes—Public international law and private international law: historical and theoretical considerations of the boundary; Harmonisation of private international law by public international law instruments: evaluation of process, problems, and effectiveness; Case studies of intersectionality between public international law and private international law; Future trends in the relationship between public international law and private international law. The ultimate aim of this book is to analyse whether these two legal disciplines become convergent or they are still divergent as usual. With wide coverage spanning across these four themes, the book has takeaways for a wide readership. For scholars and researchers in the fields of public international law and private international law, this book sparks further thoughts and debates in both disciplines and highlight areas for continuing research. For practitioners, this book offers fresh insights and perspectives on contemporaneous issues of significance. This book is also be a great resource for students at both undergraduate and postgraduate levels taking subjects such as public international law or private international law or some related disciplines such as international sale of goods, international trade law or international investment law to advance their knowledge and understanding of the disciplines.

Author: Verónica Ruiz Abou-Nigm
Publisher:
ISBN: 9781509918652
Category : Conflict of laws
Languages : en
Pages :

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Author: Xandra Kramer
Publisher: Edward Elgar Publishing
ISBN: 1800375530
Category : Law
Languages : en
Pages : 409

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Book Description
This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.

Author: Horatia Muir Watt
Publisher:
ISBN: 0198727623
Category : Law
Languages : en
Pages : 401

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Book Description
Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.

Author: Justin Borg-Barthet
Publisher: Bloomsbury Publishing
ISBN: 1509956654
Category : Law
Languages : en
Pages : 271

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Book Description
This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world to address a wide spectrum of subject matter in the discipline. It offers substantial new insights into our understanding of private international law – from theory to practice. The contributions in the book analyse a variety of conceptual and substantive problems in private international law and consider current developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across a range of longstanding issues on which there is insufficient scholarly analysis. These include contemporary problems of great political importance, such as environmental protection, gender-based discrimination, asymmetries of private power, and the proper delineation of public and private intervention. The authors also address emerging problems in commercial law, such as cryptocurrencies, longstanding definitional concerns in family law, and broader emerging systemic concerns, such as the treatment of authentic instruments and the place of human rights protection in global supply chains. The book is a valuable resource for the judiciary, legal practitioners, policy makers, and scholars and students of private international law.

Author: Jason C. Hung
Publisher: Springer Nature
ISBN: 9819922879
Category : Computers
Languages : en
Pages : 796

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Book Description
This book comprises select peer-reviewed proceedings of the 6th International Conference on Innovative Computing (IC 2023). The contents focus on communication networks, business intelligence and knowledge management, web intelligence, and fields related to the development of information technology. The chapters include contributions on various topics such as databases and data mining, networking and communications, web and Internet of Things, embedded systems, soft computing, social network analysis, security and privacy, optical communication, and ubiquitous/pervasive computing. This volume will serve as a comprehensive overview of the latest advances in information technology for those working as researchers in both academia and industry.

Author: World Health Organization
Publisher: World Health Organization
ISBN: 9240068635
Category : Medical
Languages : en
Pages : 78

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Book Description
This guidance document has been produced by the World Health Organization (WHO) to assist blood services in the development of national plans to respond to any disaster, major incident or emergency that threatens sufficiency or safety of the blood supply. Such situations can be caused by natural forces, by factors influenced by humans or directly caused by humans. This document is intended to guide the national blood service through the process of planning how to respond in a timely, controlled and appropriate way to emergencies. In the preparation of the document, WHO has tried to include the elements that blood services or providers might need to consider, providing some background on the reasons for their inclusion and guidance on different response options that may be available. The consequences of an emergency may include interruption of blood supply due to a shortage of blood donors, or to a disrupted supply of critical materials and equipment used in blood collection, component preparation and laboratory testing, resulting in reduced availability of blood and blood components. Although the demand for transfusion may decrease in some situations, transfusions continue to be necessary for clinical emergencies and for those patients reliant on long-term transfusion support. In contrast, some emergencies, for instance those resulting in multiple casualties, could lead to a rapid surge in demand for blood over a short time. The challenge is to maintain essential transfusion services as well as responding to the emergency. Preparedness, including business continuity planning, is essential for blood services to mitigate the impact of emergencies. Preparation should be underpinned by locally sensitive risk assessment using relevant data at the local or country level. However, it is not possible to predict the nature of every situation that could impact on the blood supply, and it is therefore expected that blood services will review the elements in this document as well as assessing their own situation, needs, capabilities and resources, along with any additional relevant country-specific factors, in the development of their own response plans. Planning should consider the concurrence and combinations of events and the response should be proportionate and coordinated with others. The aim is to maintain critical services and prepare for recovery. Staff training and support is key to resilience. It is acknowledged that as well as affecting the sufficiency and safety of blood supply, major incidents in countries undertaking transplantation may threaten the safety and sufficiency of the supply of other products of human origin, such as cells, tissues and organs. Increasingly, blood services are taking overall national responsibility for transplantation in their capacity as the organization responsible for the collection, processing, storage and supply of cells, tissues and organs. This approach is both sensible and appropriate, as the overall donor selection and screening processes are the same or very similar. This guidance document can therefore also be used to assist those bodies responsible for the provision of cells, tissues and organs to prepare for emergencies. Resilience to disasters and emergencies requires a commitment to the blood supply and transfusion system as an integral part of the health care system.

Author: Mariela de Amstalden
Publisher: Springer Nature
ISBN: 3031419960
Category : Law
Languages : en
Pages : 358

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Book Description
This volume considers novel emerging issues in international economic law, as well as new methodological approaches to more familiar topics. It brings together a diverse range of contributors from five continents, who share invaluable perspectives on a wide range of issues in international economic governance. In doing so, this volume delves deeply into some of the most challenging emerging areas in international economic law, approaching them from an interdisciplinary perspective that brings together legal, economic, and political analysis. Intended for academics and practitioners at all stages of their careers, many of the areas considered in this volume are either entirely new or are being revisited after periods of dormancy. It is our hope that these contributions will yield fresh insights into these new and “classic” areas of IEL. We consider diversity and inclusivity foundational values in IEL. The wealth of ideas showcased in this volume present us with an opportunity to appreciate different facets of originality and rigour in legal academic writing, further highlighting the range of methodological and stylistic preferences of emerging legal scholars in IEL. In June 2022, forty emerging international economic law scholars were selected to present their papers at PEPA/SIEL, where they received feedback from senior members of the SIEL community and beyond. The discussions were lively, stimulating and enriching, leading the editors of this volume to propose putting a selection of the papers into a published book.

Author: Meyer, Olaf
Publisher: Edward Elgar Publishing
ISBN: 1789902665
Category : Law
Languages : en
Pages : 503

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Book Description
The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.

Author: Burkhard Hess
Publisher: BRILL
ISBN: 9004384901
Category : Law
Languages : en
Pages : 336

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Book Description
This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.