Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- International law (3)
- Comparative law (2)
- Hague Convention (2)
- International economic law (2)
- Jurisdiction (2)
-
- Private international law (2)
- Treaties (2)
- Conflict of laws (1)
- Conflicts of law (1)
- Democracy (1)
- Dispute resolution (1)
- Domestic takings (1)
- European Union Law (1)
- Foreign Sovereign Immunities Act (1)
- Forum non conveniens (1)
- Genocide exception (1)
- Germany v. Philipp (1)
- Government (1)
- Hague Conference on Private International Law (1)
- Human rights law (1)
- International trade law (1)
- Judgments recognition (1)
- Lex mercatoria (1)
- Lis pendens (1)
- Litigation (1)
- Property expropriation (1)
- Recognition of judgments (1)
- Sovereign immunity (1)
- Sovereignty (1)
Articles 1 - 5 of 5
Full-Text Articles in Courts
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 …
The Vulnerable Sovereign, Ronald A. Brand
The Vulnerable Sovereign, Ronald A. Brand
Articles
The connection between sovereignty and law is fundamental for both domestic (internal sovereignty) and the international (external sovereignty) purposes. As the dominant forms of government have evolved over time, so has the way in which we think about sovereignty. Consideration of the historical evolution of the concept of sovereignty offers insight into how we think of sovereignty today. A term that was born to represent the relationship between the governor and the governed has become a term that is used to represent the relationships between and among states in the global legal order. This article traces the history of the …
International Rule Of Law And Domestic Courts: A Few Concerns, Akhila Basalalli
International Rule Of Law And Domestic Courts: A Few Concerns, Akhila Basalalli
Articles
The manifestation of the international rule of law appears as one of the possible paths to check the rule of power and establish an egalitarian system. Many international organizations have emphasized on the international rule of law in their objectives and mandates and have called the states to act in their service. The domestic courts have resonated with the call by exhibiting internationalism in their decisions. The international norms have been domesticated by the courts by adopting several incorporation and interpretation methods. The domestic courts, therefore, have been called as the ‘agents’ in the service of international law and protectors …
Appraising The U.S. Supreme Court’S Philipp Decision, Vivian Grosswald Curran
Appraising The U.S. Supreme Court’S Philipp Decision, Vivian Grosswald Curran
Articles
This article assesses the Foreign Sovereign Immunities Act (FSIA) after the Supreme Court’s recent decision in Germany v. Philipp. Philipp’s rejection of a genocide exception for a foreign state’s act of property expropriation comports with the absence of such an exception in the FSIA’s text. The article also suggests that the genocide exception as it had been developing was a detrimental development in FSIA interpretation, and was also harmful to international human rights law, inasmuch as it distorted the concept of genocide. The Philipp Court’s renewed focus on the international law of property, rather than of human rights, should …