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In 2016, the FDA issued a rule indicating that the law applies to e-cigarettes and e-liquids. Suri countered that the provision merely directs courts to determine, based on the laws structure, who is adversely affected. A decision in the case is expected by summer. Justice Brett Kavanaugh echoed Roberts doubt.
On 20-21 March 2025, a conference on Characterisation in the Conflict of Laws was convened at St Hildas College, Oxford. This led him to discuss autonomous characterisation and functional comparative law approaches as the third direction through the work of Scipione Gemma and the changed views of Franz Kahn.
Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia.
Jurisdiction is a fundamental aspect of Nigerian procedurallaw. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1] 6] This is wrong.
Written by Orji Agwu Uka, Senior Associate at Africa Law Practice (ALP)*. This is the fifth and final online symposium on Private International Law in Nigeria initially announced on this blog. Those pieces of advice and legal representations would have benefitted greatly from a comprehensive private international law treatise.
Professor Kerameus started his academic career at the Law School of the Aristotle University of Thessaloniki, in his home town, and completed his career at the University of Athens. He taught Civil Procedure, Comparative and International ProceduralLaw in Greek and other leading Universities abroad.
Gruber: A plea against ex post-adaptation of spousal inheritance rights Adaptation is recognized as a tool to eliminate the lack of coordination between the provisions of substantive law derived from different legal systems. This is exemplified by the decisions of the Higher Regional Court of Cologne for the international service of process.
Wagner: European Conflict of Law 2024: Business as usual? It also refers to the laws enacted at the national level in Germany as a result of new European instruments. In addition, the article also looks at current projects and the latest developments at the Hague Conference of Private International Law. Budzikiewicz/H.-P.
Thomale: Ipso facto clauses in cross-border cases (German) Ipso facto clauses or bankruptcy clauses present a controversial problem to both contract law and insolvency law. While the parties had chosen Dutch law to be applicable to the contract, the court held that the German provision was applicable in view of Art.
Encyclopedia of Private International Law – Vol. Unlike indirect jurisdiction, direct jurisdiction refers to the authority (international jurisdiction) of a domestic court to hear and adjudicate a dispute involving a foreign element (see Ralf Michaels, “Some Fundamental Jurisdictional Conceptions as Applied in Judgment Conventions,” in E.
After five years of application of the European Succession Regulation it is time to have a look at European court practice: The general connecting factor of habitual residence has somehow been addressed by the European Court of Justice (ECJ) in E.E. , 102 TFEU and/or national competition law rules. The long-awaited U.S.
On applicable law for environmental pollution (Article 7 Rome II), a pinnacle of business and human rights as well as climate change litigation. The European Union rules on the law that applies to liability for environmental damage, are an outlier in the private international law agenda. van Calster: Lex ecologia.
German civil procedurallaw allows for video hearings under section 128a (1) German Code of Civil Procedure. Things are cetainly more difficult when it comes to the taking of evidence. The Panel has done this only once so far, apparently within the scope of application of the EU Taking of Evidence Regulation.
Dodge (Professor, University of California, Davis, School of Law). & & Wenliang Zhang (Associate Professor, Renmin University of China Law School). The decision disagrees with every other U.S. and foreign court to have considered the adequacy of the Chinese judicial system in the context of judgments recognition.
During the second year, the focus of the issues will now be shifting to individual disputes, influenced by European procedural or private international law. The focus of the present issue refers to maritime differences, which are particularly important for our country. Vathrakokilis.
German civil procedurallaw allows for video hearings under section 128a (1) German Code of Civil Procedure. Things are certainly more difficult when it comes to the taking of evidence. The Panel has done this only once so far, apparently within the scope of application of the EU Taking of Evidence Regulation.
In 1993, William Neilly was sentenced in Michigan state court to life without the possibility of parole for a homicide he committed as a juvenile. Because of intervening Supreme Courtdecisions prohibiting the imposition of no-parole life sentences for juvenile offenders, he was resentenced to a lesser sentence.
Dickinson: Realignment of the Planets – Brexit and European Private International Law. Thirdly, by considering the impact on the UK’s and the EU’s relationships with third countries, with particular reference to the 2007 Lugano Convention and Hague Choice of Court Convention.
In 2015, the Supreme Court put Glossip’s execution (as well as those of two other men) on hold while it considered their challenge to the state’s lethal injection protocol. In doing so, he writes, the state court applied that law “essentially verbatim” in its opinion, without referring to federal law.
Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here ). In 2005, China signed the U.N.
Wolfram: Achmea – neglecting of international public law – some afterthoughts. This contribution is not meant to assess the Achmea judgment of the European Court of Justice. The contribution concludes this is not generally the case under the Vienna Convention on the Law of Treaties. Heiderhoff/E.
“Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Amurodov, Jahongir. Beaumont, Paul.
“Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. The Court Jurisdiction and Proceedings Transfer Act and the Hague Judgments and Jurisdictions Projects”, Osgoode Hall Law Journal 55 (2018), pp 257-304. Blom, Joost. Bonomi, Andrea. Brand, Ronald A.
Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Åkerfeldt, Xerxes. Badr, Yehya Ibrahim.
Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. A Guide to Global Private International Law”, Oxford 2022, forthcoming. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193.
Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. A Guide to Global Private International Law”, Oxford 2022, forthcoming. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193.
Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. A Guide to Global Private International Law”, Oxford 2022, forthcoming. European Private International Law and Third States”, Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2017, pp 184-193.
Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography.
Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography.
Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography.
79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 11 of August 2000 (available here ), pp 19-128 II. 166-172 (available here ) Brand, Ronald A.
79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 11 of August 2000 (available here ), pp 19-128 II. 166-172 (available here ) Brand, Ronald A.
79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 11 of August 2000 (available here ), pp 19-128 II. 166-172 (available here ) Brand, Ronald A.
Obviously, the chronological time a decision is rendered impacts citation counts so these results should be taken with a grain of salt. The aspects I examined in each decision were the case details, outcome, area(s) of law, and the ideological leaning that each decision conveys. Trump #1 Arroyo v.
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