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Rethinking Judicial Jurisdiction in Private International Law: Party Autonomy, Categorical Equality and Sovereignty


ISBN13: 9781509954742
Published: August 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2020)
Price: £38.99
Hardback edition , ISBN13 9781509924776



Despatched in 6 to 8 days.

This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests.

The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.

Subjects:
Conflict of Laws, Judiciary
Contents:
1. Introduction
2. Reconciliation of Values in Jurisdiction
I. The Big Picture
II. Summary of Jurisdiction Rules in the EU and Russia
PART I: PARTY AUTONOMY IN PRIVATE INTERNATIONAL LAW ON JURISDICTION
3. Autonomy as a Foundational Value for Jurisdiction
I. Introduction
II. Definition of and Justification for Autonomy
III. Autonomy as a Proper Foundation for Matters of Private International Law and Jurisdiction
IV. Sovereignty: Not a Starting Point for the Law on Jurisdiction
4. Autonomy in the Law on Jurisdiction: Harmony and Controversy
I. Linking Theory to Practice
II. Party Autonomy ex ante
III. Party Autonomy Bordering Other Issues
IV. Party Autonomy ex post
V. Conclusion
PART II: PARTY EQUALITY
5. Categorical Equality in the Law on Jurisdiction
I. Introduction
II. Equality Limiting Party Autonomy: Normative View
III. Critical Analysis of Positive Law on Protective Jurisdiction
IV. Conclusion
6. Jurisdiction in Tort and Contract in the Absence of Choice of Forum: Balance Exercise
I. Introduction
II. Jurisdiction in Torts: Interpretation and Justification
III. No Choice of Forum in Contract: Jurisdiction at the Place of Performance
IV. Conclusion
PART III: SOVEREIGNTY AND PARTY AUTONOMY
7. Sovereignty and Party Autonomy in Civil and Commercial Jurisdiction
I. Introduction
II. Extent of International Sovereignty in Private International Law
III. Home Sovereignty and its Limited Role in the Law on Jurisdiction
IV. Ultimate State Sovereignty: Public Interest
8. Sovereignty and Territoriality in the Law on Jurisdiction
I. Defining Domicile for the Purpose of Jurisdiction
II. State Sovereign Interests Overriding Party Autonomy to Protect the Integrity of the State
III. Conclusion
9. Overall Conclusions and Recommendations
I. Jurisdiction by Parties' Agreement ex ante
II. Jurisdiction by Parties' Agreement ex post
III. Jurisdiction Protecting Categorical Equality
IV. Jurisdiction in the Absence of Forum Selection (Tort)
V. Jurisdiction in the Absence of Forum Selection (Contract)
VI. Jurisdiction in the Absence of Forum Selection (Other)
VII. Limited Exclusive Jurisdiction Overriding Party Autonomy to Maintain Sovereignty

Series: Studies in Private International Law

Private International Law in BRICS: Convergence, Divergence and Reciprocal Lessons ISBN 9781509966141
To be published August 2024
Hart Publishing
£120.00
A Guide to Global Private International Law ISBN 9781509957873
Published November 2023
Hart Publishing
£49.99
Private International Law and Competition Litigation in a Global Context ISBN 9781509918669
Published September 2023
Hart Publishing
£95.00
Private International Law and Competition Litigation in a Global Context (eBook) ISBN 9781509918676
Published September 2023
Hart Publishing
£85.50
(ePub)
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The Application of Foreign Law in the British and German Courts ISBN 9781509959587
Published December 2022
Hart Publishing
£85.00
£76.50
(ePub)
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The Private International Law of Authentic Instruments ISBN 9781509945627
Published July 2022
Hart Publishing
£49.99
Economic Sanctions in EU Private International Law ISBN 9781509953578
Published July 2021
Hart Publishing
£43.99
The Private International Law of Authentic Instruments ISBN 9781509907632
Published November 2020
Hart Publishing
£100.00
The Private International Law of Authentic Instruments (eBook) ISBN 9781509907649
Published November 2020
Hart Publishing
£44.99
(ePub)
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Planning the Future of Cross Border Families: A Path Through Coordination ISBN 9781509919864
Published October 2020
Hart Publishing
£200.00
£180.00
(ePub)
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Private International Law in Nigeria (eBook) ISBN 9781509911141
Published June 2020
Hart Publishing
£53.99
(ePub)
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Private International Law in Nigeria ISBN 9781509911134
Published June 2020
Hart Publishing
£130.00
Place of Performance: A Comparative Analysis ISBN 9781509936205
Published May 2020
Hart Publishing
£100.00
Place of Performance: A Comparative Analysis (eBook) ISBN 9781509936212
Published May 2020
Hart Publishing
£38.69
(ePub)
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Clawback Law in the Context of Succession ISBN 9781509932320
Published May 2020
Hart Publishing
£95.00
Clawback Law in the Context of Succession (eBook) ISBN 9781509932337
Published May 2020
Hart Publishing
£85.50
(ePub)
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£40.49
(ePub)
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£44.99
Economic Sanctions in EU Private International Law (eBook) ISBN 9781509933525
Published January 2020
Hart Publishing
£39.59
(ePub)
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Economic Sanctions in EU Private International Law ISBN 9781509933518
Published January 2020
Hart Publishing
£95.00
Recognition and Enforcement of Judgments in Civil and Commercial Matters
Edited by: Anselmo Reyes
ISBN 9781509924257
Published September 2019
Hart Publishing
£150.00
Recognition and Enforcement of Judgments in Civil and Commercial Matters (eBook)
Edited by: Anselmo Reyes
ISBN 9781509924271
Published September 2019
Hart Publishing
£135.00
(ePub)
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130 ISBN 9781509922871
Published June 2019
Hart Publishing
£130.00
The Choice of Law Contract ISBN 9781509926800
Published January 2019
Hart Publishing
£34.99
Forum (Non) Conveniens in England: Past, Present, and Future ISBN 9781782256403
Published December 2018
Hart Publishing
£70.00
Forum (Non) Conveniens in England: Past, Present, and Future (eBook) ISBN 9781509925780
Published December 2018
Hart Publishing
£25.19
(ePub)
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
Published January 2018
Hart Publishing
£41.99
Cross-Border Litigation in Europe (eBook) ISBN 9781782256779
Published November 2017
Hart Publishing
£58.49
(ePub)
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Cross-Border Litigation in Europe ISBN 9781782256762
Published November 2017
Hart Publishing
£130.00
The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509914494
Published October 2017
Special offer (limited stock)
£100.00
Maintenance And Child Support in Private International Law ISBN 9781509915507
Published June 2017
Hart Publishing
£37.99
£29.99
The Choice of Law Contract ISBN 9781849467643
Published September 2016
Hart Publishing
£90.00
The Choice of Law Contract (eBook) ISBN 9781509901029
Published September 2016
Hart Publishing
£31.49
(ePub)
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Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781509909285
Published August 2016
Hart Publishing
£54.99
Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
Published October 2015
Hart Publishing
£37.79
(ePub)
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
Published October 2015
Hart Publishing
£95.00
Maintenance And Child Support in Private International Law (eBook) ISBN 9781509903566
Published March 2015
Hart Publishing
£34.19
(ePub)
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Maintenance And Child Support in Private International Law ISBN 9781849467179
Published March 2015
Hart Publishing
£95.00
£85.00
£26.99
(ePub)
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Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781849465731
Published July 2014
Hart Publishing
£140.00
Recovery of Maintenance in the EU and Worldwide (eBook)
Edited by: Paul Beaumont
ISBN 9781782254690
Published July 2014
Hart Publishing
£49.49
(ePub)
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The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
Published November 2013
Hart Publishing
£108.00
(ePub)
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The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
Hart Publishing
£120.00
Child Abduction within the European Union ISBN 9781849463973
Published March 2013
Hart Publishing
£95.00
Child Abduction within the European Union (eBook) ISBN 9781782250838
Published March 2013
Hart Publishing
£85.50
(ePub)
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Intellectual Property and Private International Law: Comparative Perspectives
Edited by: Toshiyuki Kono
ISBN 9781849462310
Published June 2012
Hart Publishing
£300.00
Intellectual Property and Private International Law: Comparative Perspectives (eBook)
Edited by: Toshiyuki Kono
ISBN 9781847319708
Published June 2012
Hart Publishing
£270.00
(ePub)
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The Governing Law of Companies in EU Law ISBN 9781849462969
Published April 2012
Hart Publishing
£95.00
The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
Published April 2012
Hart Publishing
£85.50
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£162.00
(ePub)
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£180.00
Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
Published October 2011
Hart Publishing
£90.00
Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
Published October 2011
Hart Publishing
£81.00
(ePub)
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International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
Published August 2011
Hart Publishing
£95.00
International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
Published August 2011
Hart Publishing
£85.50
(ePub)
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Cases and Materials on EU Private International Law ISBN 9781849460279
Published April 2011
Hart Publishing
£80.00
Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
Published April 2011
Hart Publishing
£72.00
(ePub)
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Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
Published December 2010
Hart Publishing
£130.00
Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
Published April 2010
Hart Publishing
£85.00
Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
Published September 2009
Hart Publishing
Out of print