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9789067041782

Intercontinental Cooperation Through Private International Law: Essays in Memory of Peter E. Nygh

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  • ISBN13:

    9789067041782

  • ISBN10:

    9067041785

  • Format: Hardcover
  • Copyright: 2004-11-15
  • Publisher: T.M.C. Asser Press

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Summary

Dedicated to the memory of Peter E. Nygh (1933-2002), this book contains thirty original contributions authored by prominent private international law lawyers from all over the globe. Their themes include private international law, international litigation, arbitration, uniform law and European legal integration. Their treatises and approaches vary from thematic, in-depth studies to studies of a comparative nature. Born in Hamburg, Germany, and raised in the Netherlands and in Australia where his academic career started, Peter Nygh was one of the few scholars with excellent knowledge of both the common law and civil law legal systems and an in-depth understanding of their differences and similarities. He was an indispensable member, promoter and leader in the International Law Association and the Hague Conference on Private International Law. Most of these papers are based on supranational experiences and aim to continue a comparative law-based analysis of problems so well applied by Nygh.

Table of Contents

Peter E. Nygh - 16 March 1933-19 June 2002
The gradual emergence of European private law
The Hague convention on recognition and enforcement of foreign judgments - a failure of characterisation
Some reflections on the treatment of Dutch same-sex marriages in European and private international law
The English legal language of the Hague conventions
The Norwegian approach to private international law - illustrated by a recent supreme court decision on the direct action against the insurer
Taking evidence by video-link in international litigation
Jurisdiction to make and modify maintenance decisions - the quest for uniformity
The ascertainment and application of foreign law in Israeli courts - getting the facts and fallacies straight
Le droit international privé
des contrats dans un ensemble ré
gional: l'exemple du droit communautaire
The Hague convention on indirectly held securities - dynamics of the making of a modern private international law treaty
Intellectual property rights and the proposed Hague convention on jurisdiction and judgments: an English perspective
Combating child marriages and forced marriages - the prospects of the Hague marriage convention in the Scandinavian 'multicultural' societies
International procedural harmonization and autonomous interpretation
Le droit international privé
et l'inté
gration juridique europé
enne
The impact of human rights on the application of foreign law and on the recognition of foreign judgments - a survey of the cases decided by the European human rights institutions
Jurisdiction, enforcement, public policy and res judicata: the Krombach case
On interim measures of protection and Finnish arbitration law
Fraude à
la loi in recent codifications of private international law in the American hemisphere
The global Hague judgments convention: some comments
The separability of arbitration agreements - a model for jurisdiction and venue agreements?
Coordination of legal systems in private international law
Appendix
A proposed lis pendens rule for courts in the United States: the international judgments project of the American law institute
The new uniform law with regard to jurisdiction rules in child custody cases in the United States with some comparisons to the 1996 Hague convention on the protection of children
Private law contracts to which the European community is party
Territoriality and personality in tort conflicts
International jurisdiction in contract and tort cases - recent developments in Japanese case law
The 'federalizing' of American arbitration law
Demosthenes against Neaera - some remarks on the status of aliens in classical Athens
Interim measures and arbitration - impact of the ila principles on provisional and protective measures in international litigation on the draft provisions on interim measures of protection of the uncitral model law on international commercial arbitration
Conflict of jurisdictions vs. conflict of laws
List of publications by Peter E. Nygh
Summary table of contents.

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