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Full-Text Articles in Law

Limitations On The Extraterritorial Application Of Law, Willis L. M. Reese May 1978

Limitations On The Extraterritorial Application Of Law, Willis L. M. Reese

Dalhousie Law Journal

The power of a state to apply its law to foreign facts is limited by various bodies of law. Some limitations are imposed by public international law, and a transgression of these limitations may lead to diplomatic protest' or to an unfavorable judgment by the Court of International Justice.2 Limitations may also be imposed by the law of a second state. For example, a court may refuse to recognize or enforce a foreign judgment on the ground'that in its view the court of rendition had given an improper extraterritorial application to its law. Finally, and of greatest importance, there may …


Per Package Limitation And Containers Under The Hague Rules, Visby & Uncitral, William Tetley May 1978

Per Package Limitation And Containers Under The Hague Rules, Visby & Uncitral, William Tetley

Dalhousie Law Journal

Transport of cargo by sea is subject in almost every shipping nation of the world to the Brussels Convention on the Carriage of Goods by Sea - 1924, better known as the Hague Rules. Great Britain adopted the Rules in 1924, Canada and the United States in 1936, and France in 1937. Over sixty other nations, states, and principalities have adopted the Rules as well, so that it is an international private law of almost universal acceptance. The Rules strike a balance between the responsibilities of the carrier and the rights of cargo owners, both of which are limited in …