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This book provides an unprecedented analysis and appraisal of party
autonomy in private international law - the power of private
parties to enter into agreements as to the forum in which their
disputes will be resolved or the law which governs their legal
relationships. It includes a detailed exploration of the historical
origins of party autonomy as well as its various theoretical
justifications, and an in-depth comparative study of the rules
governing party autonomy in the European Union, the United States,
common law systems, and in international codifications. It examines
both choice of forum and choice of law, including arbitration
agreements and choice of non-state law, and both contractual and
non-contractual legal relations. This analysis demonstrates that
while an apparent consensus around the core principle of party
autonomy has emerged, its coherence as a doctrine is open to
question as there remains significant variation in practice across
its various facets and between legal systems.
A sharp distinction is usually drawn between public international
law, concerned with the rights and obligations of states with
respect to other states and individuals, and private international
law, concerned with issues of jurisdiction, applicable law and the
recognition and enforcement of foreign judgments in international
private law disputes before national courts. Through the adoption
of an international systemic perspective, Dr Alex Mills challenges
this distinction by exploring the ways in which norms of public
international law shape and are given effect through private
international law. Based on an analysis of the history of private
international law, its role in US, EU, Australian and Canadian
federal constitutional law, and its relationship with international
constitutional law, he rejects its conventional characterisation as
purely national law. He argues instead that private international
law effects an international ordering of regulatory authority in
private law, structured by international principles of justice,
pluralism and subsidiarity.
This book provides an unprecedented analysis and appraisal of party
autonomy in private international law - the power of private
parties to enter into agreements as to the forum in which their
disputes will be resolved or the law which governs their legal
relationships. It includes a detailed exploration of the historical
origins of party autonomy as well as its various theoretical
justifications, and an in-depth comparative study of the rules
governing party autonomy in the European Union, the United States,
common law systems, and in international codifications. It examines
both choice of forum and choice of law, including arbitration
agreements and choice of non-state law, and both contractual and
non-contractual legal relations. This analysis demonstrates that
while an apparent consensus around the core principle of party
autonomy has emerged, its coherence as a doctrine is open to
question as there remains significant variation in practice across
its various facets and between legal systems.
Biology of Sex is a lively and intellectually challenging textbook.
Mills analyzes the biological basis of sex by considering genetic,
physiological, and evolutionary principles. In order to explain the
biological aspects of human sex, he uses direct and intriguing
comparisons with the many variations in sexual systems among
non-human organisms. Text boxes provide fascinating examples:
non-human species that cannibalize their partners during
copulation, organisms that do not fall within one of two biological
sexes, and species that "trick" others into raising their young.
The author also explores questions such as: "Is sex only for
reproduction?", "Why is sex pleasurable?", and "What are the roots
of sexual conflict?" Intended primarily for readers without a
science background, Biology of Sex provides novel content from the
human and non-human worlds to introduce the complex subject of sex
and reproduction.
The new edition of this well-established and highly regarded work
has been fully updated to encompass the major changes and
developments in the law, including coverage of the Recast Brussels
I Regulation which came into force in 2015. The book is invaluable
for the practitioner as well as being one of the leading students'
textbooks in the field, giving comprehensive and accessible
coverage of the basic principles of private international law. It
offers students, teachers and practitioners not only a rigorous
academic examination of the subject, but also a practical guide to
the complex subject of private international law. Written by an
expert team of academics, there is extensive coverage of commercial
topics such as the jurisdiction of various courts and their
limitations, stays of proceedings and restraining foreign
proceedings, the recognition and enforcement of judgments, the law
of obligations with respect to contractual and non-contractual
obligations. There are also sections on the various aspects of
family law in private international law, and the law of property,
including the transfer of property, administration of estates,
succession and trusts.
The new edition of this well-established and highly regarded work
has been fully updated to encompass the major changes and
developments in the law, including coverage of the Recast Brussels
I Regulation which came into force in 2015. The book is invaluable
for the practitioner as well as being one of the leading students'
textbooks in the field, giving comprehensive and accessible
coverage of the basic principles of private international law. It
offers students, teachers and practitioners not only a rigorous
academic examination of the subject, but also a practical guide to
the complex subject of private international law. Written by an
expert team of academics, there is extensive coverage of commercial
topics such as the jurisdiction of various courts and their
limitations, stays of proceedings and restraining foreign
proceedings, the recognition and enforcement of judgments, the law
of obligations with respect to contractual and non-contractual
obligations. There are also sections on the various aspects of
family law in private international law, and the law of property,
including the transfer of property, administration of estates,
succession and trusts.
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