Private International Law

This work consists of nine essays in the broad field of private international law, some originally delivered as lectures, others written as law journal articles. The author draws on his experience as a Law Commissioner, in European Community negotiations in Brussels, and in providing advice to the government on private international law matters. Where appropriate, the essays include new introductions, examining major developments which have occurred since they were originally written.

In this series of ten provocative and learned essays, one of America's leading writers on private and public international law addresses the cutting edge issues of transnational litigation. Professor Lowenfeld sets out the current debates on the reach of national jurisdiction, both legislative and judicial, as seen in the United States, in England, and on the continent. He examines the effects doctrine, recognition and enforcement of foreign judgments, and liability of multinational corporations, suggesting that the principle of reasonableness may lead to a narrowing of differences, if not consensus. The book's lively style and rich source material, as well as the author's lifetime of experience as a lawyer, arbitrator, government official, and scholar make International Litigation and the Quest for Reasonableness recommended reading for anyone interested in conflict of laws, international law, or civil procedure.

This book provides a detailed analysis of the conceptual and practical problems posed by the increasingly common phenomenon of cross-border insolvency in respect to individuals and companies. Part I considers how such problems are approached and resolved under national legal regimes. Part II analyses the regional and international agreements and conventions that have been under negotiation in response to the special difficulties imposed by multi-jurisdictional insolvencies.

The protection and commercial exploitation of intellectual property rights such as patents, trade marks, designs and copyright are seldom confined to one country and the introduction of a foreign element inevitably raises potential problems of private international law, ranging from establishing which court has jurisdiction and which is the applicable law to securing the recognition and enforcement of foreign judgments. For example, will a foreign defendant be subject to the jurisdiction of the English courts if he induces his English distributor to infringe a patent in England? What law will apply to a trade mark licensing agreement made between a German company and a French company where the parties have not expressly chosen whose law governs their contract? And are an author's rights determined by the same law as that governing the issue of the transferability of copyright? Although such issues are becoming increasingly important, a dearth of literature exists on the subject. Fawcett and Torremans remedy that neglect and provide a systematic and comprehensive analysis of the topic that will be welcomed by practitioners and scholars alike. From the authors' preface This book is concerned with the application of the rules of private international law to intellectual property cases. Private international lawyers have largely ignored this topic, and it has been left to intellectual property lawyers to discuss this. This is a pity. It is a topic which raises unique questions for the private international lawyer which deserve an answer, and at the same time tells us much about the rules of private international law that are being applied. The aim of the book is to fill this gap in the literature. The emphasis in the book is on private international law rather than on intellectual property law. Nonetheless, it is hoped that intellectual property lawyers will find much to interest them here Most of the book is taken up with a discussion of the relevant rules of private international law and their application in the context of intellectual property law. A major theme of the book is the extent to which there are special rules of private international law for this area and whether there should be such rules. Alternative private international law solutions will be considered by looking at the law in other jurisdictions and, where appropriate, proposals will be put forward for a better solution This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.

This work addresses the issue of declining jurisdiction in private international law, a subject of immense scholarly and practical importance. It contains 17 national reports and the general report on the subject of "Rules for declining to exercise jurisdiction' which were written for the XIVth congress of the International Academy of Comparative Law held in Athens/Delphi last year. Written by a group of leading scholars, these original papers will be a of great interest to all those interested in the Conflict of Laws and International commercial litigation.

This revised and updated edition includes a discussion of recent changes in international, especially European, law of money. Although originally intended as a reference work on English law of money, the comparative methodology has been maintained, making the combination of new material and established scholarship an indispensable guide to the financial and legal systems of the world.

The Hague Child Abduction Convention has proved to be one of the most widely ratified treaties ever agreed at the Hague Conference on Private International Law. This book provides a much needed systematic analysis of the way in which the Convention has been applied in England and Scotland, with extensive reference to the case law of Australia, Canada, France, New Zealand and the United States. All the key provisions and terms of the Convention are thoroughly explored. The book also provides broader insights into the role of the Hague Conference and the use of habitual residence as a correcting factor. The aim of the Oxford Monographs in Private International Law series, edited by Peter Carter QC, is to publish works of quality and originality in a number of important areas of private international law. The series in intended for both scholarly and practitioner readers.

This clear and authoritative introduction to the principles of private international law, a complex and rapidly changing area, now appears in a revised and fully updated form. In this new third edition, the chapters on tort, jurisdiction, and staying of actions have been almost entirely rewritten. The chapter on the Brussels and Lugano Conventions has been recast and expanded. The growing influence of European Union law on U.K. private international law is evident in this new edition, which will be a valuable text for students and practitioners alike.