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Articles 1 - 4 of 4
Full-Text Articles in Comparative and Foreign Law
The Islamic Origins Of The Private International Law
The Islamic Origins Of The Private International Law
UAEU Law Journal
The Muslim writers divided the world into three areas: Dar AL-Islam, Dar AL-Harb, and Dar Al-Ahd; and they also divided the people into three categories: Muslims, Dhummis, and Mustamins (foreigners). It is necessary to mention that the political submission relation between the individual and the Islamic state (Dar Al Islam) has been founded, in principle, on religious basis (Jus religions), but this religious difference didn't prevent to extend the protection of Islamic state at Dhummis, they became as the subject of the state. As a matter of fact, if the nationality wasn't known by term, it would has been existing …
The Relationship Between The Obligation Concept And Conflict Of Laws Rule And Its Application In The Foreign Law Before The Judge “Unified Arabic Legislations Approach For Private International Law”, Mohammed Walied El-Masry
The Relationship Between The Obligation Concept And Conflict Of Laws Rule And Its Application In The Foreign Law Before The Judge “Unified Arabic Legislations Approach For Private International Law”, Mohammed Walied El-Masry
UAEU Law Journal
The mechanism of the conflict of laws of the private international law is based of the acceptance of the foreign law which is recognized by the national conflict of law rule, but the common trend of the jurisprudence and justice in the special international relations the foreign law is treated suspiciously and distrustfully; which in most cases the foreign law can be kept away by the judge for any of the following reasons either its conflict with the international public order excuse (this issue been widely explained)[1], or not applying such law due to the non …
A Hague Convention On Parallel Proceedings, Paul Herrup, Ronald A. Brand
A Hague Convention On Parallel Proceedings, Paul Herrup, Ronald A. Brand
Articles
The Hague Conference on Private International Law has engaged in a series of projects that, if successful, could provide the framework for critical aspects of trans-national litigation in the Twenty-first Century. Thus far, the work has resulted in the 2005 Hague Convention on Choice of Court Agreements and the 2019 Hague Convention on the Recognition and Enforcement of Judgments in Civil or Commercial Matters. Work now has begun to examine the need, desirability and feasibility of additional instruments in the area, with discussions of an instrument that would either require or prohibit the exercise of jurisdiction by national courts, and …
The Hague Judgments Convention In The United States: A “Game Changer” Or A New Path To The Old Game?, Ronald A. Brand
The Hague Judgments Convention In The United States: A “Game Changer” Or A New Path To The Old Game?, Ronald A. Brand
Articles
The Hague Judgments Convention, completed on July 2, 2019, is built on a list of “jurisdictional filters” in Article 5(1), and grounds for non-recognition in Article 7. If one of the thirteen jurisdictional tests in Article 5(1) is satisfied, the judgment may circulate under the Convention, subject to the grounds for non-recognition found in Article 7. This approach to Convention structure is especially significant for countries considering ratification and implementation. A different structure was suggested in the initial Working Group stage of the Convention’s preparation which would have avoided the complexity of multiple rules of indirect jurisdiction, each of which …