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Rethinking judicial jurisdiction in private international law : party autonomy, categorical equality and sovereignty / by Milana Karayanidi.

By: Karayanidi, Milana [author]Material type: Computer fileComputer fileLanguage: English Publication details: Oxford ; London : Hart Publishing, 2020 Description: 1 online resource (271, pages) : color illustrationsContent type: text Media type: computer Carrier type: online resourceISBN: 9781509924790 (e-book)Subject(s): Conflict of laws -- Jurisdiction | Conflict of laws -- Jurisdiction -- European Union countries | Conflict of laws -- Jurisdiction -- Russia (Federation)LOC classification: K7625 | K14 2020Online resources: Click here to read Full-Text E-Book | Log-in to the website is required to read this e-book. Click here to request access.
Contents:
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
Summary: 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.
List(s) this item appears in: New Online E-Books 2021 (as of Nov)
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Holdings
Item type Current library Collection Call number Materials specified Status Notes Date due Barcode
Online E-Books Online E-Books Ladislao N. Diwa Memorial Library
Non-fiction OEBP K7625 K14 2020 (Browse shelf(Opens below)) Available OEBP000164 OEBP000164
Compact Discs Compact Discs Ladislao N. Diwa Memorial Library
Multimedia Section
Non-fiction EB K7625 K14 2020 (Browse shelf(Opens below)) Room use only CD0000917 CD0000917

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.

Fund 164 CE-Logic, Inc. Purchased March 2, 2021 OEBP000164 P. Roderno PHP 15,558.00
2021-03-110 7813 to 7820

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