By Mehren, A.T. von
This publication is a revised and multiplied model of the final direction brought via the writer on the Hague Academy of overseas legislations in 1996. It includes 3 components that debate thought and perform of adjudicatory authority in inner most overseas legislation in comparative standpoint concentrating on the U.S., Germany and the eu Union. the 1st half examines the principles and emergence of jurisdictional concept elaborating at the kinds of adjudicatory authority and the layout of jurisdictional provisions. half covers simple subject matters and pervasive matters reflecting, inter alia, at the actor sequitor discussion board rei precept, collection of discussion board agreements, discussion board non conveniens, antisuit injunctions and the lis pendens doctrine. The final half explores the function of overseas tools for reaching convergence and harmonization. It analyzes the layout of judgments conventions and specifically the efforts of the Hague convention on inner most foreign legislations to foster around the globe harmonization.
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Extra resources for Adjudicatory Authority in Private International Law (The Hague Academy of International Law Monographs)
Another perspective, found in the works of Locke and Bentham among many others, views society and government in more instrumental and utilitarian terms. Thomas Hobbes (1588-1679) saw ordered civil society as the alternative to a cruel and hazardous state of nature. The primordial need for security – which, in his view, ultimately could be provided only by conferring absolute power on the ruler – explained and justiﬁed the individual’s acceptance of governmental authority. John Locke (1632-1704) invoked, as had Hobbes, the metaphor of contract, but the compact was not between ruler and ruled but between free men each of whom voluntarily consented either explicitly or implicitly.
See also the proposal for a Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, COM (2005) 649 ﬁnal. See also the Commission’s Prologue It remains to be seen to what extent the EU and its members are prepared to exercise their new power. Doubtless the degree to which uniﬁcation and hard rules are accepted will vary from area to area. Moreover, no-one fully understands what would be involved in creating a legal system appropriate for an EU that wished to communitarize large areas or even the entire ﬁeld of private international law and conﬂict of laws.
A judgment quasi in rem aﬀects the interests of particular persons in designated property. The latter is of two types. In one the plaintiﬀ is seeking to secure a pre-existing claim in the subject property and to extinguish or establish the nonexistence of similar interests of particular persons. In the other the plaintiﬀ seeks to apply what he concedes to be the property of the defendant to the satisfaction of a claim against him. 24 The expressions used in the German literature – general and special jurisdiction – adopt a third perspective.
Adjudicatory Authority in Private International Law (The Hague Academy of International Law Monographs) by Mehren, A.T. von