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Recueil Des Cours, Collected Courses, Tome 398


Recueil Des Cours, Collected Courses, Tome 398

Author: Académie de droit international de La Haye

language: en

Publisher: Brill Nijhoff

Release Date: 2019-08-29


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The Expansion of International Law, General Course on Public International Law (2015) by T. TREVES, Emeritus Professor of the University of Milan.

Forum Shopping Despite Unification of Law


Forum Shopping Despite Unification of Law

Author: Franco Ferrari

language: en

Publisher: Pocket Books of the Hague Acad

Release Date: 2021-08


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According to some commentators, forum shopping is an "evil" that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.

Recueil Des Cours, Collected Courses, Volume 295 (2002)


Recueil Des Cours, Collected Courses, Volume 295 (2002)

Author: Arthur Taylor Von Mehren

language: en

Publisher: Martinus Nijhoff Publishers

Release Date: 2003-06


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The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" To access the abstract texts for this volume please click here