Rethinking judicial jurisdiction in private international law : party autonomy, categorical equality and sovereignty /
Karayanidi, Milana
Rethinking judicial jurisdiction in private international law : party autonomy, categorical equality and sovereignty / by Milana Karayanidi. - Oxford ; London : Hart Publishing, 2020 - 1 online resource (271, pages) : color illustrations.
https://portal.igpublish.com/iglibrary/obj/HARTB0001612?searchid=1636005702383b_kze~akz6tFnEoCxuuZf
Include bibliographical references and index
1. Introduction -- 2. Reconciliation of values in jurisdiction -- 3. Autonomy as a foundational value for jurisdiction -- 4. Autonomy in the law on jurisdiction : harmony and controversy -- 5. Categorical equality in the law on jurisdiction -- 6. Jurisdiction in tort and contract in the absence of choice of forum : balance exercise -- 7. Sovereignty and party autonomy in civil and commercial jurisdiction -- 8. Sovereignty and territoriality in the law on jurisdiction -- 9. Overall conclusions and recommendations
This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests.
The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.
9781509924790 (e-book)
Conflict of laws--Jurisdiction
Conflict of laws--Jurisdiction--European Union countries
Conflict of laws--Jurisdiction--Russia (Federation)
K7625 / K14 2020
Rethinking judicial jurisdiction in private international law : party autonomy, categorical equality and sovereignty / by Milana Karayanidi. - Oxford ; London : Hart Publishing, 2020 - 1 online resource (271, pages) : color illustrations.
https://portal.igpublish.com/iglibrary/obj/HARTB0001612?searchid=1636005702383b_kze~akz6tFnEoCxuuZf
Include bibliographical references and index
1. Introduction -- 2. Reconciliation of values in jurisdiction -- 3. Autonomy as a foundational value for jurisdiction -- 4. Autonomy in the law on jurisdiction : harmony and controversy -- 5. Categorical equality in the law on jurisdiction -- 6. Jurisdiction in tort and contract in the absence of choice of forum : balance exercise -- 7. Sovereignty and party autonomy in civil and commercial jurisdiction -- 8. Sovereignty and territoriality in the law on jurisdiction -- 9. Overall conclusions and recommendations
This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests.
The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.
9781509924790 (e-book)
Conflict of laws--Jurisdiction
Conflict of laws--Jurisdiction--European Union countries
Conflict of laws--Jurisdiction--Russia (Federation)
K7625 / K14 2020