By Mehren, A.T. von
This publication is a revised and improved model of the overall path brought by way of the writer on the Hague Academy of overseas legislation in 1996. It comprises 3 elements that debate concept and perform of adjudicatory authority in deepest foreign legislation in comparative standpoint concentrating on the USA, Germany and the eu Union. the 1st half examines the rules and emergence of jurisdictional conception elaborating at the kinds of adjudicatory authority and the layout of jurisdictional provisions. half covers easy topics and pervasive matters reflecting, inter alia, at the actor sequitor discussion board rei precept, number of discussion board agreements, discussion board non conveniens, antisuit injunctions and the lis pendens doctrine. The final half explores the position of foreign tools for attaining convergence and harmonization. It analyzes the layout of judgments conventions and particularly the efforts of the Hague convention on deepest overseas legislation to foster all over the world harmonization.
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Additional info for Adjudicatory Authority in Private International Law (The Hague Academy of International Law Monographs)
2003), §1, Nos. 49-51. Where the jurisdictional claim rests on the presence of intangible assets (Forderungen), §23 provides that the asset “is located at the debtor’s (Schuldners) Wohnsitz”. 23 24 Chapter I ship or over its existence (Bestehen)” lies with the courts of the place “where the disputed duty (Verpﬂichtung) was to be performed”. 2. The Inadequacies of Traditional Terminologies for Comparative and Theoretical Discourses None of these nomenclatures is satisfactory for comparative and theoretical work.
Right to resist’. ” R. Peters, Thomas Hobbes, in idem 30, at 43. H. Morris, John Austin, in idem I, 209, at 210. D. Monro, Jeremy Bentham, in idem 280, at 284. 19 20 Chapter I is at issue; so far as our present concerns go, nothing turns on whether one is a disciple of Hobbes, of Locke, or of yet another political philosopher. In the case of multisystem or multistate controversies, the situation is diﬀerent in at least two crucial respects. Firstly, controversies that are, in the light of a given general theory, indubitably within one legal order’s adjudicatory authority may well be connected in a jurisdictionally signiﬁcant fashion to other legal orders as well.
Pp. , infra. 21 22 Chapter I ordinary (ordinaires) and supplementary (supplementaires)22 bases of jurisdiction (compétence). Anglo-Americans have long spoken of jurisdiction over “persons” and over “things”: jurisdiction in personam, in rem, and quasi in rem. 23 Each of these vocabularies have been shaped by contingent historical and systemic considerations and implies diﬀerent conceptual frameworks. The French usage reﬂects the declining importance in contemporary thinking and decisional law of jurisdiction based on the plaintiﬀ ’s – or the defendant’s – nationality.