Network paradigm of private international law: concept contouring
نویسندگان
چکیده
منابع مشابه
the concept of public order in private international law and its place in international commercial arbitration
public order has a long history and a great role in private law andinternational commercial arbitration; as much as can be said: public order isone of the most important limitations of party autonomy (contractualfreedom) in private law and international commercial arbitration.however, legal experts disagree about the meaning of this term. some oflawyers and jurists have made great efforts to de...
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it is generally accepted that no one is allowed to abuse his legal rights accorded by a country for evasion from some limitations provided by the same country and several laws and verdicts have considered and confirmed this requirement as a rule. nevertheless there is neither common sense about neither the conditions under which such a rule may be applied nor the reactions to be taken against s...
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We provide a logical analysis of private international law, the body of law establishing when courts of a country should decide a case (jurisdiction) and what legal system they should apply to this purpose (choice of law). A formal model of the resulting interaction among multiple legal systems is proposed based on modular argumentation. It is argued that the model provided might be useful for ...
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Evolution of the concept of “environmental damages” is one of the aspects of development in international environmental law. In fact, after increasing global environmental problems and lack of efficiency in international environmental law to prevent the damage, unifying the concept of “environmental damage” in the law is being considered as a solution for this matter. Moreover, development of i...
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“Human rights are like love,” Koskenniemi suggests, “both necessary and impossible.” An eccentricity? Equations of law and love may seem like the stuff of poets, not legal theorists, let alone practitioners. And yet, Koskenniemi, the leading public international lawyer, finds among legal theorists an unlikely ally in his claim that law and love are interrelated. Ernest Weinrib, perhaps the lead...
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ژورنال
عنوان ژورنال: Actual Problems of Russian Law
سال: 2019
ISSN: 1994-1471
DOI: 10.17803/1994-1471.2019.101.4.140-159