Rethinking Judicial Jurisdiction in Private International Law: Party Autonomy, C

Description: Rethinking Judicial Jurisdiction in Private International Law by Milana Karayanidi Based on authors thesis (doctoral - Trinity College (Dublin, Ireland), 2016) issued under title: Reassessing the approach to jurisdiction in civil and commercial matters: party autonomy, categorical equality and sovereignty. FORMAT Hardcover LANGUAGE English CONDITION Brand New Publisher Description 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. Author Biography Milana Karayanidi, PhD (Trinity College Dublin), LLM (Harvard Law School) is an attorney licensed in New York, and a Managing Associate at Dentons US LLP in Washington, DC, USA. Table of Contents 1. Introduction2. Reconciliation of Values in JurisdictionI. The Big PictureII. Summary of Jurisdiction Rules in the EU and RussiaPART IPARTY AUTONOMY IN PRIVATE INTERNATIONAL LAW ON JURISDICTION3. Autonomy as a Foundational Value for JurisdictionI. IntroductionII. Definition of and Justification for AutonomyIII. Autonomy as a Proper Foundation for Matters of Private International Law and JurisdictionIV. Sovereignty: Not a Starting Point for the Law on Jurisdiction4. Autonomy in the Law on Jurisdiction: Harmony and ControversyI. Linking Theory to PracticeII. Party Autonomy ex ante III. Party Autonomy Bordering Other IssuesIV. Party Autonomy ex post V. ConclusionPART IIPARTY EQUALITY5. Categorical Equality in the Law on JurisdictionI. IntroductionII. Equality Limiting Party Autonomy: Normative ViewIII. Critical Analysis of Positive Law on Protective JurisdictionIV. Conclusion6. Jurisdiction in Tort and Contract in the Absence of Choice of Forum: Balance ExerciseI. IntroductionII. Jurisdiction in Torts: Interpretation and JustificationIII. No Choice of Forum in Contract: Jurisdiction at the Place of PerformanceIV. ConclusionPART IIISOVEREIGNTY AND PARTY AUTONOMY7. Sovereignty and Party Autonomy in Civil and Commercial JurisdictionI. IntroductionII. Extent of International Sovereignty in Private International LawIII. Home Sovereignty and its Limited Role in the Law on JurisdictionIV. Ultimate State Sovereignty: Public Interest8. Sovereignty and Territoriality in the Law on JurisdictionI. Defining Domicile for the Purpose of JurisdictionII. State Sovereign Interests Overriding Party Autonomy to Protect the Integrity of the StateIII. Conclusion9. Overall Conclusions and RecommendationsI. Jurisdiction by Parties Agreement ex ante II. Jurisdiction by Parties Agreement ex post III. Jurisdiction Protecting Categorical EqualityIV. Jurisdiction in the Absence of Forum Selection (Tort)V. Jurisdiction in the Absence of Forum Selection (Contract)VI. Jurisdiction in the Absence of Forum Selection (Other)VII. Limited Exclusive Jurisdiction Overriding Party Autonomy to Maintain Sovereignty Promotional This book explores the theory and practice of judicial jurisdiction within the field of the conflict of laws or private international law. Promotional "Headline" This book explores the theory and practice of judicial jurisdiction within the field of the conflict of laws or private international law. Feature Proposes a fresh view on jurisdiction Details ISBN1509924779 Author Milana Karayanidi Year 2020 ISBN-10 1509924779 ISBN-13 9781509924776 Format Hardcover Imprint Hart Publishing Place of Publication Oxford Country of Publication United Kingdom DEWEY 340.9 Pages 272 Publication Date 2020-02-20 Subtitle Party Autonomy, Categorical Equality and Sovereignty Affiliation Trinity College Dublin Short Title Rethinking Judicial Jurisdiction in Private International Law Language English UK Release Date 2020-02-20 NZ Release Date 2020-02-20 Publisher Bloomsbury Publishing PLC Series Studies in Private International Law Audience Tertiary & Higher Education AU Release Date 2020-02-19 We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! TheNile_Item_ID:127211390;

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