Recueil des cours, Collected Courses, Tome/Volume 358

Series:

Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments by Ronald A. Brand, Professor at the
University of Pittsburgh:
Private international law is normally discussed in terms of rules applied in litigation involving parties from more than one State. Those same rules are fundamentally important, however, to those who plan crossborder commercial transactions with a desire to avoid having a dispute arise — or at least to place a party in the best position possible if a dispute does arise. This makes rules regarding jurisdiction, applicable law, and the recognition and enforcement of judgments vitally important contract negotiations. It also makes the consideration of transactional interests important when developing new rules of private international law. These lectures examine rules of jurisdiction and rules of recognition and enforcement of judgments in the United States and the European Union, considering their similarities, their differences, and how they affect the transaction planning process.

The Emancipation of the Individual from the State under International Law by G. Hafner, Professor at the University of Vienna:
Present international law is marked by two different tendencies: a State oriented and an individual oriented one. Due to these two orientations, the international legal status of the individual is not unequivocally defined. The legal status of individuals widely differs depending on the particular legal order, regional, sub-regional or universal. Hence, the assertion that present international law has already endowed individuals with the status as subjects of international law must be replaced by the acknowledgement that the personality of individuals as a reflection of their emancipation from the States under international law is a relative one, depending on the particular applicable legal regime.

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Biographical Note

Co-publication with: The Hague Academy of International Law.

Table of contents

Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments by R. A. Brand, Professor at the University of Pittsburgh. Excerpt of table of contents: Chapter I. Transaction planning and private international law Chapter II. Understanding rules of adjudicatory jurisdiction across legal systems Chapter III. Understanding legal system differences in rules on the recognition and enforcement of foreign judgments Chapter IV. Party autonomy and transaction planning Chapter V. consumer protection and private international law Chapter VI. revisiting jurisdictional issues: tort jurisdiction and transaction planning Chapter VII. drafting effective choice of forum agreements. The Emancipation of the Individual from the State under International Law by G. Hafner, Professor at the University of Vienna. Excerpt of table of contents: Chapter I. Introduction Chapter II. The doctrine on the status of the individual in an historic perspective Chapter III. The emergence of democracy as an essential of the international legal order Chapter IV. The development from a State-oriented to an individual oriented approach in international law Chapter V. The participation of individuals in the creation of international law Chapter VI. The access of individuals to international mechanisms designed to protect their rights Chapter VII. The participation of individuals in international judicial proceedings Chapter VIII. The position of individuals in the enforcement of individual responsibility Chapter IX. Conclusions Bibliography.

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