The Choice-Based Perspective of Choice-of-Law

This article offers an innovative basis for the choice-of-law question: the Choice-Based Perspective (CBP). The main argument is that there exists an alternative rights-based understanding of choice-of-law to that which is presently known as the vested rights theory. This understanding is based on the legal philosophy of perhaps the greatest expositor of the rightsbased concept, Immanuel Kant. In contrast to alternative approaches, CPB insists on a purely private conception of the subject, grounded on an organizing principle of unity of persons\u27 choices. Furthermore, the proposed approach holds much sway in practice, for the normative underpinnings of CBP are already embedded in many traditional and contemporary choice-of-law rules, doctrines, and concepts

The Choice-Based Perspective of Choice-of-Law

This article offers an innovative basis for the choice-of-law question: the Choice-Based Perspective (CBP). The main argument is that there exists an alternative rights-based understanding of choice-of-law to that which is presently known as the vested rights theory. This understanding is based on the legal philosophy of perhaps the greatest expositor of the rightsbased concept, Immanuel Kant. In contrast to alternative approaches, CPB insists on a purely private conception of the subject, grounded on an organizing principle of unity of persons\u27 choices. Furthermore, the proposed approach holds much sway in practice, for the normative underpinnings of CBP are already embedded in many traditional and contemporary choice-of-law rules, doctrines, and concepts

Three Objections to Forum of Necessity: Global Access to Justice, International Criminal Law, and Proper Party

In civil procedure, the plaintiff is the one who initiates the litigation process. In which forum can he or she initiate this process? In very general terms, the Canadian rules of judicial jurisdiction provide the plaintiff with three options for jurisdiction acquisition. First, the jurisdiction can be acquired based on explicit agreement between the plaintiff and the defendant as to the identity of the forum to adjudicate the case. Second, the plaintiff can initiate the litigation in the forum that has the so-called “real and substantial connection” between it and the parties’ specific interaction under the given ground of liability (i.e., tort, contract, and so on). Finally, the jurisdiction can be acquired in the forum of the present location of the defendant

International negotiable instruments

Divulgação dos SUMÁRIOS das obras recentemente incorporadas ao acervo da Biblioteca Ministro Oscar Saraiva do STJ. Em respeito à Lei de Direitos Autorais, não disponibilizamos a obra na íntegra.Localização na estante: 347.735:339.5 G396

Three Objections to Forum of Necessity: Global Access to Justice, International Criminal Law, and Proper Party

In civil procedure, the plaintiff is the one who initiates the litigation process. In which forum can he or she initiate this process? In very general terms, the Canadian rules of judicial jurisdiction provide the plaintiff with three options for jurisdiction acquisition. First, the jurisdiction can be acquired based on explicit agreement between the plaintiff and the defendant as to the identity of the forum to adjudicate the case. Second, the plaintiff can initiate the litigation in the forum that has the so-called “real and substantial connection” between it and the parties’ specific interaction under the given ground of liability (i.e., tort, contract, and so on). Finally, the jurisdiction can be acquired in the forum of the present location of the defendant

Can Better Law Be Married with Corrective Justice or Evil Laws?

This article offers an innovative understanding of the better law approach to choice of law. Through addressing the terminological fallacies of traditional and contemporary choice of law literature, depicting the conceptual distinction between the two versions of better law, and making a link between the better law approach and two central notions of legal theory—corrective justice and evil laws—this article provides a comprehensive analysis of the nature of better law.Cet article propose une compréhension novatrice de l’approche du meilleur droit en matière de conflits de lois. Il fournit une analyse complète de la nature de l’approche du meilleur droit en abordant les erreurs terminologiques de la littérature traditionnelle et contemporaine en matière de conflits de lois, en dépeignant la distinction conceptuelle entre les deux versions de cette approche, et en faisant un lien entre celle-ci et deux notions centrales en théorie du droit, soit la justice corrective et les lois immorales

Introduction: International Negotiable Instruments

For centuries, bills of exchange, cheques, and promissory notes (\u27negotiable instruments\u27) have played a vital role in the smooth operation of domestic and international commerce. The payment mechanisms have been subject to rapid technological progress and law has needed to adapt and respond to ensure that the legal framework remains relevant and effective.This book provides a comprehensive and thorough analysis of the question of applicable law to negotiable instruments. Given significant differences in the treatment of important issues under the laws governing negotiable instruments of the various jurisdictions, the question of applicable law plays a key role in contemporary commerce. Resolution of such issues frequently has cross-border dimensions, affecting residents from different countries, and meeting the needs of commerce as it rapidly moves towards an online mode of communication and documentation. To such ends, the book elaborates on the conceptual underpinnings of negotiable instruments law, provides an overview of the key differences between the systems in this area of law and contemplates the question of applicable law.The book provides a systematic inquiry into the relevant principles of law, statutes, and international conventions, and analyses the underlying rationale for both applicable and negotiable instruments laws\u27 rules. In this way, it aims to identify and resolve some of the existing uncertainties in the case law and literature with respect to one of the central aspects of commerce.Specifically, the authors challenge the conventional view according to which the fundamentals of negotiable instruments law are excluded from the scope and insights of general contract and property law doctrines and as such not subject to the general conflict of laws rules governing them. The authors make concrete suggestions for reform and contemplate on the nature of the legal rules that can also be applied in the digital age of communication

Introduction: International Negotiable Instruments

For centuries, bills of exchange, cheques, and promissory notes (\u27negotiable instruments\u27) have played a vital role in the smooth operation of domestic and international commerce. The payment mechanisms have been subject to rapid technological progress and law has needed to adapt and respond to ensure that the legal framework remains relevant and effective.This book provides a comprehensive and thorough analysis of the question of applicable law to negotiable instruments. Given significant differences in the treatment of important issues under the laws governing negotiable instruments of the various jurisdictions, the question of applicable law plays a key role in contemporary commerce. Resolution of such issues frequently has cross-border dimensions, affecting residents from different countries, and meeting the needs of commerce as it rapidly moves towards an online mode of communication and documentation. To such ends, the book elaborates on the conceptual underpinnings of negotiable instruments law, provides an overview of the key differences between the systems in this area of law and contemplates the question of applicable law.The book provides a systematic inquiry into the relevant principles of law, statutes, and international conventions, and analyses the underlying rationale for both applicable and negotiable instruments laws\u27 rules. In this way, it aims to identify and resolve some of the existing uncertainties in the case law and literature with respect to one of the central aspects of commerce.Specifically, the authors challenge the conventional view according to which the fundamentals of negotiable instruments law are excluded from the scope and insights of general contract and property law doctrines and as such not subject to the general conflict of laws rules governing them. The authors make concrete suggestions for reform and contemplate on the nature of the legal rules that can also be applied in the digital age of communication