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Books > Law > International law > Private international law & conflict of laws
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Rethinking Judicial Jurisdiction in Private International Law - Party Autonomy, Categorical Equality and Sovereignty (Paperback)
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Rethinking Judicial Jurisdiction in Private International Law - Party Autonomy, Categorical Equality and Sovereignty (Paperback)
Series: Studies in Private International Law
Expected to ship within 10 - 15 working days
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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.
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