Andrew Dickinson - Böcker

More than 45 years after its adoption, the State Immunity Act 1978 remains the principal source of rules as to the immunities and privileges of foreign States and related persons before the courts of the United Kingdom. Although the legislative text has changed relatively little in that period, the ever-growing body of case law in the UK courts has more clearly defined its contours and limitations and clarified its relationship with other rules of municipal and international law.This work provides a detailed commentary on the provisions and operation of the State Immunity Act 1978 in the United Kingdom as well as the surrounding legal framework. Delivering a comprehensive section-by-section analysis, it outlines the context, background, and legislative history to the Act. Furthermore, it explores the Act's relationship to other aspects of domestic law and to international law, including common law, the European Convention on State Immunity, customary international law, human rights instruments, and other international law immunities and conflict of laws rules. In examining this remarkable and influential piece of legislation, the work highlights issues that remain controversial and proposes solutions to the doctrinal and practical difficulties that arise when applying its provisions.Written by authors with significant experience in dealing with issues of immunity as practitioners as well as extensive knowledge of the surrounding academic debates, this commentary provides expert guidance for practitioners and judges faced with questions of state immunity law in the UK and internationally, and will be of great value to academics with an interest in this branch of international law.

The Brussels I Regulation has undergone a lengthy review process, resulting in Regulation (EU) 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast). The provisions of the new Regulation apply from 10 January 2015.This work, written by a number of leading experts on the subject, provides a commentary on the Recast Regulation. It contains a concise article-by-article commentary on all provisions of the recast Regulation with reference to the existing case law of the European Court of Justice and leading national decisions, and provides additional focus on the newly introduced changes, in particular to the provisions on lis pendens and the recognition and enforcement of judgments.

A Conflict of Laws Companion brings together a group of expert authors to write essays in honour of Professor Adrian Briggs QC. Professor Briggs has been teaching in Oxford since 1980, and throughout that period, he has been an instrumental figure in shaping the conflict of laws in the UK and elsewhere and has inspired generations of students (future practitioners and judges) to take a close interest in the subject. His books, including Agreements on Jurisdiction and Choice of Law (OUP, 2008), The Conflict of Laws (4th edn, Clarendon, 2019), and Private International Law in English Courts (OUP, 2015), are among the most widely used and cited texts on the subject.The book is divided into four sections, exploring conflict of laws issues of different kinds and engaging with Professor Briggs' work on a diverse range of topics. Contributions by Professor Briggs' former colleagues build on his work in the conflict of laws and his immeasurable contributions as a teacher and researcher at the University of Oxford, not only to undergraduate teaching, but to his college (St Edmund Hall), the Law faculty, and the university. The book includes short personal submissions from each of the authors, all of whom studied alongside, have been taught or supervised by, or worked closely with Professor Briggs.

The past 30 years have seen important legal developments in relation to the immunities and privileges enjoyed by the subjects of international law, not least the enactment in several jurisdictions of detailed legislation on these issues and important decisions of international and domestic courts. At the heart of these developments, claims by States and other persons acting under their authority to immunities and privileges before courts and tribunals are a continuing source of controversy (as evidenced, for example, by the decisions in Pinochet and Al-Adsani). The editors have collected key materials, including international agreements and domestic legislation, concerning the immunities of states, governmental bodies, state owned entities and agents. Focusing on the pioneering legislation in the United Kingdom and the United States of America, this volume will provide detailed commentary on the application of immunities and privileges as well their practical significance for practitioners in both jurisdictions.

This updating supplement brings the Main Work The Rome II Regulation up to date and incorporates substantive developments since publication of the book in December 2008. In particular it draws attention to legislation implementing the Regulation in the United Kingdom, to recent ECJ cases concerning other EC private international law instruments, to new decisions of the English courts concerning the pre-Regulation rules of applicable law, and to recent books and journal articles providing further colour to the picture surrounding the Regulation since its adoption in January 2009. It is an essential purchase for all who already own the Main Work, and maintains its currency.

A nation's prosperity depends not only on the willingness of its businesses to export goods and services, and of its citizens and residents to travel to take advantage of opportunities overseas, but also on the willingness of the businesses and citizens of other nations to cross the nation's borders to do business. Economic expansion, and parallel increases in tourism and immigration, have brought Australians more frequently into contact with the laws and legal systems of other nations. In particular, in recent years, trade with partners in the Asia-Pacific Region has become increasingly important to the nation's future. At the same time, Australian courts are faced with a growing number of disputes involving foreign facts and parties. In recognition of these developments, and the need to ensure that the applicable rules meet the needs both of transacting parties and society, the Attorney-General's Department launched in 2012 a full review of Australian rules of private international law. This collection examines the state and future of Australian private international law against the background of the Attorney-General's review. The contributors approach the topic from a variety of perspectives (judge, policy maker, practitioner, academic) and with practical and theoretical insights as to operation of private international law rules in Australia and other legal systems.This title is included in Bloomsbury Professional's International Arbitration online service.

As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law. This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law.

As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law. This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law.

Statutes on the Conflict of Laws provides students with the principal, current EU and UK legislation encountered in the study of private international law in one clear and easy-to-use volume. The legislation is not annotated, enabling the book to be used in examinations. It has been structured and designed so that students can find the material they need quickly and efficiently, with a table of contents organised chronologically by source type, and alphabetical index.