LSN: International Jurisdictional Issues (Topic)最新文献

The Monetary Gold Principle and the Member States Responsibility 货币黄金原则与成员国的责任

LSN: International Jurisdictional Issues (Topic) Pub Date : 2018-10-08 DOI: 10.2139/ssrn.3450156

C. Samara

引用次数: 0

The Perception of the EU Legal Order in International Law: An In- and Outside View 国际法对欧盟法律秩序的观照:内外观

LSN: International Jurisdictional Issues (Topic) Pub Date : 2017-09-27 DOI: 10.2139/ssrn.3098788

C. Binder, Jane A. Hofbauer

{"title":"The Perception of the EU Legal Order in International Law: An In- and Outside View","authors":"C. Binder, Jane A. Hofbauer","doi":"10.2139/ssrn.3098788","DOIUrl":"https://doi.org/10.2139/ssrn.3098788","url":null,"abstract":"The EU is a strange phenomenon, whether regarded from the perspective of international or domestic law. It evokes many questions on the relationship of its legal order with international law and domestic law, respectively. Despite the increasing trend by the CJEU to emphasize the EU’s autonomy—both, internally and externally—, from an international law perspective, there is no reason to per se “detach” the EU from the international legal framework. This is in part also evident in how international dispute settlement bodies address questions touching upon the EU legal order and its relation to international law. This contribution focuses on the nature of the EU legal order as designated by international dispute settlement bodies, and particularly its relationship with the international legal order. On the basis of examples from four different fields—general international law, trade law, human rights law and investment law—, theoretical, jurisdictional and substantive reconciliatory techniques are identified. In particular, it is shown that the classification of the EU legal order as a subsystem of international law, as a de facto domestic order or as a sui generis legal order predetermines which conflict rules and reconciliatory techniques find application.","PeriodicalId":371849,"journal":{"name":"LSN: International Jurisdictional Issues (Topic)","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122374461","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Hungarian Cases Before ICSID Tribunals: The Hungarian Experience with Investment Arbitration ICSID法庭审理的匈牙利案例:匈牙利投资仲裁的经验

LSN: International Jurisdictional Issues (Topic) Pub Date : 2017-09-01 DOI: 10.1556/2052.2017.58.3.4

C. Nagy

引用次数: 1

International Space Law 国际空间法

LSN: International Jurisdictional Issues (Topic) Pub Date : 2017-01-12 DOI: 10.21684/2412-2343-2017-4-2-135-155

Marina O. Lits, Sergei Alexandrovich, A. Tikhomirova

{"title":"International Space Law","authors":"Marina O. Lits, Sergei Alexandrovich, A. Tikhomirova","doi":"10.21684/2412-2343-2017-4-2-135-155","DOIUrl":"https://doi.org/10.21684/2412-2343-2017-4-2-135-155","url":null,"abstract":"It is well known that the modern day technologies that drive our global society are highly dependent on the use of outer space. For example, daily activities such as sending emails, making phone calls and carrying out bank transactions cannot be done unless satellite technologies are involved. When you catch a plane, the air traffic control is dependent on GPS. Even natural disaster management is dependent on satellite imaging. Taking into account the importance of this, it becomes increasingly necessary to be knowledgeable in the field of international law as it is the only sphere of law that reaches beyond the physical boundaries of the Earth, goes deep into space and provides protection for today’s society. With new steps being taken to exploit further the potentials of outer space, and with increasing talk of new space missions and new discoveries, current international space law is being placed under scrutiny, for it should be remembered that the major international legal documents in this field were adopted in the middle of the 20th century, and thus there are fears that the law may have become obsolete, irrelevant in the face of new challenges in the use of outer space. This paper delivers an analysis of existing international space law and attempts to raise several crucial issues pertinent in the area.","PeriodicalId":371849,"journal":{"name":"LSN: International Jurisdictional Issues (Topic)","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123588772","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Differing Perceptions? Market Practice and the Evolution of Foreign Sovereign Immunity 不同的看法?市场实践与外国主权豁免的演变

LSN: International Jurisdictional Issues (Topic) Pub Date : 2016-02-28 DOI: 10.2139/ssrn.2739423

Mark C. Weidemaier, G. Gulati

{"title":"Differing Perceptions? Market Practice and the Evolution of Foreign Sovereign Immunity","authors":"Mark C. Weidemaier, G. Gulati","doi":"10.2139/ssrn.2739423","DOIUrl":"https://doi.org/10.2139/ssrn.2739423","url":null,"abstract":"The 20th century witnessed a transformative, “tectonic” shift in international law, from “absolute” to “restrictive” theories of sovereign immunity. As conventionally understood, however, this dramatic transformation represented only a shift in the default rule. Under absolute immunity, national courts could not hear lawsuits and enforce judgments against a foreign sovereign without its consent. Under restrictive immunity, foreign sovereigns were presumptively not immune when they engaged in commercial acts. We demonstrate that market practices undermine this conventional understanding. Using an extensive, two-century data set of contracts between foreign governments and private creditors, we show that contracting parties have long treated absolute immunity as akin to a mandatory rule, which they could not reliably change by contract. By contrast, we show that the Foreign Sovereign Immunities Act in the U.S. and the State Immunities Act 1978 in the U.K. — two statutes largely overlooked by international law scholarship — fundamentally reordered a global market for contracts. We explore why the conventional narrative, which relies on analysis of traditional legal materials, is at such odds with the “law on the ground.”","PeriodicalId":371849,"journal":{"name":"LSN: International Jurisdictional Issues (Topic)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116901473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 8

Recognition and Enforcement of Foreign Judgments and Awards: What Hath Daimler Wrought? 外国判决和裁决的承认和执行:戴姆勒做了什么?

LSN: International Jurisdictional Issues (Topic) Pub Date : 2015-08-04 DOI: 10.2139/SSRN.2639820

L. Silberman, A. Simowitz

{"title":"Recognition and Enforcement of Foreign Judgments and Awards: What Hath Daimler Wrought?","authors":"L. Silberman, A. Simowitz","doi":"10.2139/SSRN.2639820","DOIUrl":"https://doi.org/10.2139/SSRN.2639820","url":null,"abstract":"In Daimler AG v. Bauman, the Supreme Court confirmed what it had only hinted at previously — that general jurisdiction over a corporation was limited to a state that could be regarded as its “home.” In doing so, the Court brought the United States closer to the rest of the world in its approach to general jurisdiction. What may have been overlooked, however, is the impact of Daimler on actions brought to recognize and enforce foreign country judgments and foreign arbitral awards if the Daimler standard is applied in that context. Some courts have already done so. Professors Silberman and Simowitz offer an overview of the present jurisdictional regimes for recognition and enforcement actions with respect to both foreign judgments and arbitral awards. Their own analysis concludes that a jurisdictional nexus should be required for recognition and enforcement but that the context of recognition and enforcement presents unique differences from a plenary action. Thus, they argue that Daimler needs to be tailored to fit such actions. Professors Silberman and Simowitz also examine various alternative bases of jurisdiction — property-based jurisdiction, specific jurisdiction, and consent — that may be pressed into service if Daimler is extended to recognition and enforcement actions and find both promise as well as limits in those alternatives.","PeriodicalId":371849,"journal":{"name":"LSN: International Jurisdictional Issues (Topic)","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115030117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

Universal Jurisdiction and Third States in the Reform of the Brussels I Regulation 布鲁塞尔规则改革中的普遍管辖权与第三国

LSN: International Jurisdictional Issues (Topic) Pub Date : 2011-03-28 DOI: 10.1628/003372511796351340

Johannes Weber

{"title":"Universal Jurisdiction and Third States in the Reform of the Brussels I Regulation","authors":"Johannes Weber","doi":"10.1628/003372511796351340","DOIUrl":"https://doi.org/10.1628/003372511796351340","url":null,"abstract":"In December 2010, the European Commission published a Proposal for a reform of the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. One of the cornerstones of the Proposal is the operation of the Regulation in the international legal order, a subject which has proven to be one of the most intricate issues in European international civil procedure. The following paper will give a first assessment of the Commission Proposal as regards third State scenarios. After a brief discussion of the Union’s competence and the Union’s interest to legislate in this field, it will turn to the extension of special heads of jurisdiction to third State defendants, the decline of jurisdiction in favour of third States and the proposal for new subsidiary grounds of jurisdiction, before briefly concluding on recognition and enforcement of third State judgments.This article is published in this Research Paper Series with the permission of the rights owner, Mohr Siebeck. Full-text Rabel Journal articles are available via pay-per-view or subscription at IngentaConnect, a provider of digital journals on the Internet.","PeriodicalId":371849,"journal":{"name":"LSN: International Jurisdictional Issues (Topic)","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131246250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 15