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Jurisdiction in International Litigation

Autor Mary Keyes
en Limba Engleză Hardback – 31 aug 2005
Transport and communications technologies have made international disputes common, and a frequent practical issue is which country or countries have jurisdiction to resolve the dispute. Existing literature on private international law tends to emphasize choice of law rather than jurisdiction. Cases tend to show that the practical significance of Jurisdiction has yet to be appreciated. This groundbreaking book fills in these gaps and offers a critical analysis of the principles and the theoretical foundations applied to resolve private international jurisdictional disputes and of the manner in which those principles are applied in practice by: Describing the context in which international jurisdiction disputes are determined Explaining and critically analysing the principles of jurisdiction Explaining and critically analysing the manner in which the principles are applied Identifying the interests which motivate principles and the court application of the principles Recommending reforms to the principles by demonstrating that the existing principles of jurisdiction are flawed, and ought to be reformed by taking into account the laws objectives, defined by relevance to state and private interests.
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Specificații

ISBN-13: 9781862875678
ISBN-10: 1862875677
Pagini: 305
Dimensiuni: 163 x 249 x 20 mm
Greutate: 0.68 kg
Editura: Federation Press

Cuprins

Contents Acknowledgments/ Table of Cases/ Table of Statutes Introduction The Context of International Litigation Establishing Jurisdiction in Principle Declining Jurisdiction in Principle Declining Jurisdiction in Practice Interests in Jurisdiction Comparative Regulation of Jurisdiction Reform of Jurisdiction Conclusion: A Critical Analysis of Jurisdiction Index

Recenzii

Dr Mary Keyes has written an excellent book on the Australian law relating to jurisdiction in (private) international litigation. Building one suspects on a doctoral thesis, the book contains a combination of theory and various proposals for reform with a detailed technical exposition of the law in this increasingly important area. With Sykes & Pryles’ Australian Private International Law (1991) now hopelessly out of date, and Nygh and Davies’ Conflict of Laws in Australia (2002) focussing on much more than jurisdiction, Dr Keyes’ identification and analysis of recent Australian case law will be very useful for practitioners. (The discussion extends well beyond the significant brace of recent decisions by the High Court in this area.) So, too, fresh insight may be gained from the way in which familiar material is conceptually organised. For example, there is a short but particularly useful discussion (at 63-67) in relation to the assertion of jurisdiction over corporations including the assertion of jurisdiction over a foreign parent carrying on business through a local subsidiary. … The book is neither a textbook nor a practitioner’s work insofar as it does not simply set out in a structured way the law relating to the establishment and exercise of jurisdiction. That is not to say that any student, academic or practitioner interested in these topics will not find an illuminating discussion of them in the work. They will. In this, they are assisted by a very good index. NSW Bar News, Summer 2005/06