Intercontinental Cooperation Through Private International Law: Essays in Memory of Peter E. Nygh

ISBN-13: 9789067041782 / Angielski / Twarda / 2004 / 532 str.

Talia Einhorn; Kurt Siehr; Talia Einhorn

Opis

Dedicated to the memory of Peter E. Nygh (1933 2002), this book contains thirty original contributions authored by prominent private international law lawyers from all over the globe. Their themes include private international law, international litigation, arbitration, uniform law and European legal integration. Their treatises and approaches vary from thematic, in-depth studies to studies of a comparative nature. Born in Hamburg, Germany, and raised in the Netherlands and in Australia where his academic career started, Peter Nygh was one of the few scholars with excellent knowledge of both the common law and civil law legal systems and an in-depth understanding of their differences and similarities. He was an indispensable member, promoter and leader in the International Law Association and the Hague Conference on Private International Law. Most of these papers are based on supranational experiences and aim to continue a comparative law-based analysis of problems so well applied by Nygh."

Spis treści

The Gradual Emergence of European Private Law.- The Hague Convention on Recognition and Enforcement of Foreign Judgments — A failure of characterisation.- Some Reflections on the Treatment of Dutch Same-Sex Marriages in European and Private International Law.- The English Legal Language of the Hague Conventions.- The Norwegian Approach to Private International Law — Illustrated by a recent Supreme Court decision on the direct action against the insurer.- Taking Evidence by Video-Link in International Litigation.- Jurisdiction to Make and Modify Maintenance Decisions — The Quest for Uniformity.- The Ascertainment and Application of Foreign Law in Israeli Courts — Getting the facts and fallacies straight.- Le droit international privé des contrats dans un ensemble régional: l’exemple du droit communautaire.- The Hague Convention on Indirectly Held Securities — Dynamics of the making of a modern private international law treaty.- Intellectual Property Rights and the Proposed Hague Convention on Jurisdiction and Judgments: an English Perspective.- Combatting child marriages and forced marriages — the prospects of the Hague Marriage Convention in the Scandinavian “multicultural” societies.- International Procedural Harmonization and Autonomous Interpretation.- Le droit international privé et l’intégration juridique européenne.- The Impact of Human Rights on the Application of Foreign Law and on the Recognition of Foreign Judgments — A Survey of the Cases Decided by the European Human Rights Institutions.- Jurisdiction, Enforcement, Public Policy and Res Judicata: The Krombach Case.- On Interim Measures of Protection and Finnish Arbitration Law.- Fraude à la loi in Recent Codifications of Private International Law in the American Hemisphere.- The Global Hague Judgments Convention: some comments.- The Separability of Arbitration Agreements — A Model for Jurisdiction and Venue Agreements?.- Coordination of Legal Systems in Private International Law.- A Proposed Lis Pendens Rule for Courts in the United States: The International Judgments Project of the American Law Institute.- The New Uniform Law with Regard to Jurisdiction Rules in Child Custody Cases in the United States with Some Comparisons to the 1996 Hague Convention on the Protection of Children.- Private Law Contracts to which the European Community is Party.- Territoriality and Personality in Tort Conflicts.- International Jurisdiction in Contract and Tort Cases — Recent Developments in Japanese Case Law.- The “Federalizing” of American Arbitration Law.- Demosthenes against Neaera — Some remarks on the Status of Aliens in Classical Athens.- Interim Measures and Arbitration — Impact of the ILA Principles on Provisional and Protective Measures in International Litigation on the Draft Provisions on Interim Measures of Protection of the UNCITRAL Model Law on International Commercial Arbitration.- Conflict of Jurisdictions vs. Conflict of Laws.