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Private International Law in BRICS: Convergence, Divergence and Reciprocal Lessons (eBook)

Edited by: Stellina Jolly, Saloni Khanderia

ISBN13: 9781509966158
Published: August 2024
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £126.00
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This book examines the convergences, divergences, and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China, and South Africa) share with one another in developing the principles of private international law.

The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards.

Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession, and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons.

The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers, and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.

Subjects:
Conflict of Laws, eBooks
Contents:
Foreword, Marta Pertegás Sender (University of Antwerp, Belgium; Maastricht University, the Netherlands)
List of Contributors
List of Abbreviations
Table of Cases
Table of Statutes

Part 1
1. Introduction: Thematic Statement, Stellina Jolly (South Asian University, India; University of Johannesburg, South Africa) and Saloni Khanderia (OP Jindal Global University, India; University of Johannesburg, South Africa)
2. The Internal Unity of Private International Law, Sagi Peari (University of Western Australia)

Part 2: The Jurisdiction of Courts and the Initiation of Claims in International Civil and Commercial Matters
3. Brazil, Agatha Brandão de Oliveira (University of Lucerne, Switzerland)
4. Russia, Natalia Erpyleva (Russian Presidential Academy of National Economy and Public Administration, Russia)
5. India, Saloni Khanderia (OP Jindal Global University, India; University of Johannesburg, South Africa)
6. China, Zheng Sophia Tang (Wuhan University Institute of International Law, China; University of Newcastle, UK) and Ting Liao (Wuhan University Institute of International Law, China)
7. South Africa, Elsabe Schoeman (University of Pretoria, South Africa)
8. Concluding Remarks, Stellina Jolly (South Asian University, India; University of Johannesburg, South Africa) and Saloni Khanderia (OP Jindal Global University, India; University of Johannesburg, South Africa)

Part 3: Private International Law in Personal Matters
9. Brazil, Marcos Vinícius Torres (Federal University of Rio de Janeiro, Brazil)
10. Russia, Voytovich Elena (Russian Presidential Academy of National Economy and Public Administration, Russia)
11. India, Stellina Jolly (South Asian University, India; University of Johannesburg, South Africa)
12. China, Guangjian Tu (University of Macau, China)
13. South Africa, Marlene Wethmar Lemmer (University of South Africa)
14. Concluding Remarks
Stellina Jolly (South Asian University, India; University of Johannesburg, South Africa) and Saloni Khanderia (OP Jindal Global University, India; University of Johannesburg, South Africa)

Part 4: Private International Law of Obligations
15. Brazil, Claudia Lima Marques (Federal University of Rio Grande do Sul, Brazil) and Tatiana Squeff (Federal University of Uberlandia, Brazil)
16. Russia, Vladimir Orlov (Herzen State Pedagogical University of Russia; University of Helsinki, Finland)
17. India, Saloni Khanderia (OP Jindal Global University, India; University of Johannesburg, South Africa)
18. China, Guangjian Tu (University of Macau, China)
19. South Africa, Jan L Neels (University of Johannesburg, South Africa)
20. Concluding Remarks, Stellina Jolly (South Asian University, India; University of Johannesburg, South Africa) and Saloni Khanderia (OP Jindal Global University, India; University of Johannesburg, South Africa)

Part 5: The Execution of Foreign Decisions in International Civil and Commercial Matters
21. Brazil, Nadia De Araujo (Pontifical Catholic University of Rio de Janeiro, Brazil; Nadia de Araujo Advogados, Brazil), Lidia Spirtz (Federal University of Rio de Janeiro, Brazil; Nadia de Araujo Advogados, Brazil) and Carolina Norohna (Nadia de Araujo Advogados, Brazil)
22. Russia. Stefan Sultanov (KIAP, Russia)
23. India, Saloni Khanderia (OP Jindal Global University, India; University of Johannesburg, South Africa)
24. China, Wenliang Zhang (Renmin University of China)
25. South Africa, Pontian Okoli (University of Stirling, UK)
26. Concluding Remarks, Stellina Jolly (South Asian University, India; University of Johannesburg, South Africa) and Saloni Khanderia (OP Jindal Global University, India; University of Johannesburg, South Africa)

Part 6
27. Private International Law in BRICS and the EU – Some Reciprocal Lessons, Anatol Dutta (Ludwig Maximilians University of Munich, Germany)
28. Concluding Remarks: Convergences, Divergences and Some Reciprocal Lessons, Stellina Jolly (South Asian University, India; University of Johannesburg, South Africa) and Saloni Khanderia (OP Jindal Global University, India; University of Johannesburg, South Africa)

Series: Studies in Private International Law

Cambodian Private International Law ISBN 9781509954049
To be published August 2025
Hart Publishing
£150.00
£140.00
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 (eBook) ISBN 9781509918676
Published September 2023
Hart Publishing
£85.50
(ePub)
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Private International Law and Competition Litigation in a Global Context ISBN 9781509918669
Published September 2023
Hart Publishing
£95.00
The Application of Foreign Law in the British and German Courts ISBN 9781509959587
Published December 2022
Hart Publishing
£85.00
£37.79
(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 (eBook) ISBN 9781509907649
Published November 2020
Hart Publishing
£44.99
(ePub)
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The Private International Law of Authentic Instruments ISBN 9781509907632
Published November 2020
Hart Publishing
£100.00
£180.00
(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
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 (eBook) ISBN 9781509936212
Published May 2020
Hart Publishing
£38.69
(ePub)
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Place of Performance: A Comparative Analysis ISBN 9781509936205
Published May 2020
Hart Publishing
£100.00
Clawback Law in the Context of Succession (eBook) ISBN 9781509932337
Published May 2020
Hart Publishing
£85.50
(ePub)
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Clawback Law in the Context of Succession ISBN 9781509932320
Published May 2020
Hart Publishing
£95.00
£40.49
(ePub)
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£44.99
Economic Sanctions in EU Private International Law ISBN 9781509933518
Published January 2020
Hart Publishing
£95.00
Economic Sanctions in EU Private International Law (eBook) ISBN 9781509933525
Published January 2020
Hart Publishing
£39.59
(ePub)
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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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Commercial Issues in Private International Law 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 (eBook) ISBN 9781509925780
Published December 2018
Hart Publishing
£25.19
(ePub)
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Forum (Non) Conveniens in England: Past, Present, and Future ISBN 9781782256403
Published December 2018
Hart Publishing
£70.00
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 ISBN 9781849466912
Published October 2015
Hart Publishing
£95.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
Published October 2015
Hart Publishing
£37.79
(ePub)
Buy
Maintenance And Child Support in Private International Law ISBN 9781849467179
Published March 2015
Hart Publishing
£95.00
Maintenance And Child Support in Private International Law (eBook) ISBN 9781509903566
Published March 2015
Hart Publishing
£34.19
(ePub)
Buy
£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)
Buy
The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
Hart Publishing
£120.00
The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
Published November 2013
Hart Publishing
£108.00
(ePub)
Buy
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)
Buy
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
(ePub)
Buy
£162.00
(ePub)
Buy
£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)
Buy
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)
Buy
Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
Published April 2011
Hart Publishing
Out of print
Cases and Materials on EU Private International Law ISBN 9781849460279
Published April 2011
Hart Publishing
Out of print
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
Publication Abandoned