Relevant bibliographies by topics / Mandatory law of forum

Academic literature on the topic 'Mandatory law of forum'

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Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Mandatory law of forum"

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Wowerka, Arkadiusz. "Obce przepisy wymuszające swoje zastosowanie. Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 18 października 2016 r. w sprawie C-135/15 Republika Grecji przeciwko Grigoriosowi Nikiforidisowi." Problemy Prawa Prywatnego Międzynarodowego 25 (December 31, 2019): 91–106. http://dx.doi.org/10.31261/pppm.2019.25.05.

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This commentary examines the judgement of the CJEU of 18 October 2016 in case C-135/15 Republik Griechenland v. Grigorios Nikiforidis. The judgement in question concerns the issue of treatment of foreign overriding mandatory provisions under the Article 9(3) of Regulation No 593/2008. This topic is the subject to a great deal of controversy and academic discussion. The ECJ concluded that the mentioned provision must be interpreted as precluding overriding mandatory provisions other than those of the State of the forum or of the State where the obligations arising out of the contract have to be or have been performed from being applied, as legal rules, by the court of the forum, but as not precluding it from taking such other overriding mandatory provisions into account as matters of fact in so far as this is provided for by the national law that is applicable to the contract pursuant to the Regulation. This interpretation is not affected by the principle of sincere cooperation laid down in Article 4(3) TEU. In this respect the judgement of CJEU brings significant clarification on the question, whether a court of the forum can have regard to foreign overriding mandatory provisions, which do not belong to the legal system of the country of performance of the contract on the level of the applicable substantive law. However, there are still questions arising under Article 9(3) of Rome I Regulation, which need to be clarified.
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Żarnowiec, Łukasz. "Wpływ przepisów wymuszających swoje zastosowanie na rozstrzyganie spraw spadkowych pod rządami rozporządzenia Parlamentu Europejskiego i Rady (UE) Nr 650/2012." Problemy Prawa Prywatnego Międzynarodowego 25 (December 31, 2019): 43–65. http://dx.doi.org/10.31261/pppm.2019.25.03.

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Since August 17, 2015 the courts of the Member States of the European Union apply the conflict-of-laws rules adopted in the EU Succession Regulation (EU) in succession matters. From the Polish point of view, this constitutes not only the change of the rules applied for the purposes of determining jurisdiction and the applicable law, but also a new approach to the overriding mandatory provisions. Contrary to other European instruments of private international law, the Succession Regulation neither uses the term “overriding mandatory provisions”, nor defines its meaning. Nevertheless, in Article 30 the Regulation provides for application — irrespective of the law applicable to the succession under its conflict rules — of the special rules of the State, where certain immovable property, enterprises or other special categories of assets are located, and which — for economic, family or social considerations — impose restrictions concerning or affecting the succession in respect of those assets, in so far as, under the law of that State, they are applicable irrespective of the law applicable to the succession. The interpretation of this provision cause difficulties. It is not clear whether the concept of the special provisions embodied in Article 30 refers to the concept of overriding mandatory rules, well known in the European private international law, or whether it constitutes an original solution. Another controversial issue discussed in the paper is the relevance of the mandatory rules of the forum or the third State other than those mentioned in Article 30.
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Wiggin, Carolyn. "A Funny Thing Happens When You Pay for a Forum: Mandatory Student Fees to Support Political Speech at Public Universities." Yale Law Journal 103, no. 7 (May 1994): 2009. http://dx.doi.org/10.2307/797020.

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Huang, Jie (Jeanne). "Applicable Law to Transnational Personal Data: Trends and Dynamics." German Law Journal 21, no. 6 (September 2020): 1283–308. http://dx.doi.org/10.1017/glj.2020.73.

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AbstractThe recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveler was illegally released by Chinese media, this Article identifies three trends that have emerged at each stage of conflict-of-laws analysis for lex causae: (1) The EU, the US, and China characterize the right to personal data differently; (2) the spread-out unilateral applicable law approach comes from the fact that all three jurisdictions either consider the law for personal data protection as a mandatory law or adopt connecting factors leading to the law of the forum; and (3) the EU and China strongly advocate deAmericanization of substantive data protection laws. The trends and their dynamics provide valuable implications for developing the choice of laws for transnational personal data. First, this finding informs parties that jurisdiction is a predominant issue in data breach cases because courts and regulators would apply the law of the forum. Second, currently, there is no international treaty or model law on choice-of-law issues for transnational personal data. International harmonization efforts will be a long and difficult journey considering how the trends demonstrate not only the states’ irreconcilable interests but also how states may consider these interests as their fundamental values that they do not want to trade off. Therefore, for states and international organizations, a feasible priority is to achieve regional coordination or interoperation among states with similar values on personal data protection.
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Deltsova, N. V., U. A. Dorofeeva, M. N. Zubkova, and M. A. Tokmakov. "Application of Foreign Law in Economic Disputes and Implementation of National Interests." SHS Web of Conferences 71 (2019): 02007. http://dx.doi.org/10.1051/shsconf/20197102007.

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In the context of globalization, the question of protecting one's own national interests is becoming more acute for the state on whose territory foreign law and order is applied. The application of foreign legislation in economic disputes creates various problems and raises questions related to the establishment of the content of foreign law, which must be resolved in the context of Theoretical understanding and law enforcement practice. This study is aimed at identifying the risks of uncertainty in the application of foreign law to relations involving a foreign element in the Russian legal reality and finding ways to overcome them taking into account national interests. Special attention is paid to consideration of the Institute of non-use (limitations) of foreign law is presented in the form of rules on the application of the mandatory rules of the forum (lex fori), the reservation of public order (order public), and eliminating the use of foreign law in case of conflict.
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Ali, Moh, and Agus Yudha Hernoko. "Characteristics of Party autonomy in a Transnational Electronic Consumer Contract." Yuridika 35, no. 1 (October 21, 2019): 55. http://dx.doi.org/10.20473/ydk.v35i1.15105.

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International contracts involving legal subjects between countries will affect the law chosen by the parties. Electronic contracts are different than conventional contracts in general. Prominent characteristics includevirtual, paperless and borderless. Determination of legal choices cannot be made with a link-point approach that is generally applicable to conventional transactions. The typical e-commerce characteristics should be special treatment for special contracts. The virtual nature that knows no national borders is difficult to determine in which country the legal event takes place. Paperless nature often overrides accuracy in transactions, especially with regard to legal choice clauses and forum choices.In addition, another character is that electronic transactions are made in standard form and are arranged for the purpose of take or leave it. Generally, business actors have determined the choice of law and the choice of the forum. Electronic contracts place consumers in a weak bargaining position (the weaker party). There are active limitations in determining the legal choice clause, causing consumers not to have an unequal bargaining power, giving rise to a fundamental paradigm shift in the principle of freedom of contract from "party autonomy" to "one-sided autonomy". On this basis, the need for state intervention to provide legal protection in the form of mandatory regulations as an exception to the contractual principle that is absolute becomes relative, namely that the applicable law is not mutatis mutandis law that is chosen by the parties but the law where habitual residence is.
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LETUNOVSKY, VALENTIN V. "From total supervision to smart control." Public Administration 22, no. 3 (2020): 6–18. http://dx.doi.org/10.22394/2070-8378-2020-22-3-6-18.

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The article is based on the author’s presentation at the Gaidar Forum – 2020 titled ‘From Total Supervision to Smart Control: Issues of Methodology, Theory, and Practice’ in the framework of the expert discussion ‘How Regulatory Enforcement Has Changed: Citizen Perspective’. The author’s position is presented in support of the need for a consistent distinction between control and supervision, including in terms of evaluating their effectiveness, which is currently carried out virtually syncretically in relation to the control and supervision activities of the state. The article formulates the methodological and theoretical model for differentiating control and supervision, its dynamics based on the potential of digital technologies. Based on the results of analytical reports of both state structures and the expert community, the author concludes that it is necessary to adjust the regulatory framework of control and supervisory activities with a mandatory value reorientation of control and supervisory authorities from punitive ideology to the protection and maintenance of the interests of citizens and businesses. It is noted that the synergetic effect at the next stage of development of control and supervisory activities can be provided by a combination of technological and legal approaches and the ‘intersection’ of law-making and law enforcement. Expanding digitalization will allow smart control to replace comprehensive supervision, which will provide a more effective management and control system. According to the author, the practice of total, mandatory, continuous supervision will finally become a thing of the past. The basis of the new control will be a special digital plat
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Mensah, Thomas A. "The International Tribunal for the Law of the Sea." Leiden Journal of International Law 11, no. 3 (September 1998): 527–46. http://dx.doi.org/10.1017/s0922156598000387.

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The International Tribunal for the Law of the Sea is one of the “compulsory procedures entailing binding decisions” provided for in Article 287 of the Convention. The Tribunal is established by Annex VI to the Convention which is its Statute. Within the Tribunal is established the Seabed Disputes Chamber which has jurisdiction to deal with respect to deep-sea mining activities covered by Part XI of the Convention.The Tribunal performs three different but closely related functions. The first is to offer a forum of choice for states parties to the Convention to settle disputes concerning the interpretation or application of the provisions of the Convention. The second function is to provide a special, and largely mandatory, procedure for dealing with disputes in connection with the interpretation and application of the provisions of Part XI of the Convention. This is the function of the Seabed Disputes Chamber. The Chamber also has competence to give advisory opinions on legal questions arising within the scope of the activities of the Assembly and Council of the International Seabed Authority. Thirdly, the Tribunal serves as a residual and compulsory mechanism for the settlement of certain disputes identified by the Convention as requiring expeditious decision, such as applications for the prompt release of arrested vessels and crew or requests for the prescription of provisional measures pending final decisions in cases. The Tribunal may also deal with disputes arising under other maritime agreements, if the agreements so provide.The Tribunal commenced operations in October 1996. It has completed organizational work for its administrative judicial functions. It has adopted its Rules, the Resolution on the Internal Judicial Procedure and Guidelines to assist parties appearing before it. It has also established special Chambers. The Tribunal has already dealt with one application for the prompt release of a vessel and crew arrested in a foreign port and one request for provisional measures. Proceedings are in progress on the merits of the first case submitted to it.
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Molazadeh, Meisam, and Ali Taghikhani. "Form Conditions of Check Issuing in Iranian and British Law." Journal of Politics and Law 9, no. 8 (September 29, 2016): 80. http://dx.doi.org/10.5539/jpl.v9n8p80.

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The aim of this research is to evaluate the components and to state the form conditions of check issuing in statute of two countries of Iran and England. Due to the wide use of check and prevalence of its use as a payment instrument, and even the instrument for obtaining reputation such as promissory note and draft, the issuer should be familiar with the form conditions of check issuing to prevent possible problems caused by lack of knowledge. Since today these documents play a major role in communicating and business transactions, and strength most of deals. This led to prevalence of using aforementioned documents in establishment of trade exchanges, so that it can be said that these documents are an inseparable part of business transactions. The results obtained from the other researches and studies indicate that form conditions of check issuing are almost identical in Iranian and British Laws, that observing some of them is necessary, and if they are not observed, commercial document of the check will not have the necessary validity. Of mandatory form conditions include the date of issuing check include: Check issuing date, mentioning the word of check, unconditional order of payment of the amount check, check amount, mentioning the name of drawee on the check, mentioning the name of Mohil, indicating the place of check issuing, indicating the name of the holder, signature of check . In this study form conditions of issuing electronic check have also been investigated.
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Vázquez, Carlos M. "Volkswagen Aktiengesellschaft v. Schlunk." American Journal of International Law 82, no. 4 (October 1988): 816–20. http://dx.doi.org/10.2307/2203516.

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In this first decision by the United States Supreme Court on the scope and application of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, better known as the Hague Service Convention, petitioner, a West German company, challenged the respondent’s attempt to serve process on petitioner by serving its wholly owned U.S. subsidiary in accordance with the state’s rules rather than pursuant to the procedures of the Convention. The Circuit Court of Cook County, Illinois, found that the relationship between the German parent and the U.S. subsidiary was such that, under state-law rules of agency, the U.S. subsidiary was the parent’s involuntary agent for service of process. Because service could thus be perfected entirely within the United States, the court held that it was not necessary to follow the procedures of the Hague Service Convention. The Illinois Appellate Court affirmed, and the Illinois Supreme Court denied leave to appeal. The U.S. Supreme Court (per O’Connor, J.) affirmed and held: (1) the Hague Service Convention is “mandatory” and preempts inconsistent state-law methods of service in all cases to which it applies; (2) the Convention applies where there is occasion to transmit a document abroad to charge persons with formal notice of a pending action; and (3) whether it is necessary to transmit a document abroad for such purposes is determined by the forum state’s internal law.
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Dissertations / Theses on the topic "Mandatory law of forum"

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au, k. lewins@murdoch edu, and Kate Lewins. "The Trade Practices Act (Cth) 1974 and its Impact on Maritime Law in Australia." Murdoch University, 2008. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20081223.135713.

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The trade of shipping is necessarily international in nature. Courts and international bodies often express the need to ensure international consistency in matters of maritime law. However, it has been an extremely difficult goal to achieve. Many countries have refused to be party to international conventions that seek to ensure comity. Some have enacted laws that reflect part but not all of those conventions, or seek to improve the protection offered by the conventions. The domestic law of each country also adds its own flavour to shipping law as recognised and applied by the courts in that jurisdiction. In 1974 Australia enacted the Trade Practices Act 1974 (Cth) (TPA), heralding a new era in corporate and commercial law. However, its impact on maritime law on Australia has only been felt over the last 10 – 15 years. It is potentially relevant to many areas of maritime law, including carriage of goods by sea, cruise ships, and towage. This thesis explores the encroachment of the TPA on a number of different areas of shipping law, using the few case examples on offer and extrapolating the impact that the TPA may have. It also considers the extent to which the TPA is stymied by simple contractual agreements to litigate or arbitrate in a non Australian forum, despite the TPA’s status as a mandatory statute within Australia. Raised at various points in the thesis is the possibility of law reform, which is a complex compendium of issues overlaid with a moral dimension – does shipping, as an industry, deserve to be exempted from the operation of the Act which sets a high standard of corporate behaviour? If so, how could that reform be shaped? In the meantime, what steps can the shipping industry take to work within the legal framework of the TPA?
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Fruchtman, Joseph. "Statutory planning as a form of social control : the evolution of town planning law in mandatory Palestine and Israel 1917-1980's." Thesis, University College London (University of London), 1986. http://discovery.ucl.ac.uk/1317972/.

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This socio-legal study of town and country planning draws upon the examples of the Israeli system and its predecessor of Mandatory Palestine, and studies them in the light of the British parent system. The underlying thesis is that statutory planning functions as a special component in a complex system of social control. Beyond its immediate concern with regulating the utilisation of the physical environment, statutory planning is designed and implemented with the aim of supporting the prevailing social order. The application to statutory planning systems of the concept of social control - which elucidates the regulation of behaviour in society and the phenomenon of social order - leads to the identification of three inter-related roles. These can be classified loosely as: 1) political role, to serve as a tool for effective government; 2) economic role, to utilise scarce resources efficiently; 3) social role, to advance human welfare. Their cumulative exercise contributes to the maintenance of the prevailing social order. This analysis shows that the social order throughout the history of Palestine and Israel. 1917-1980's was in constant flux. It is claimed that the Mandatory system, motivated by colonial ideology, attached excessive importance to statutory planning's political role in order to establish the authority of the British government over Palestine's rival communities. Planning's economic and social roles were relegated to secondary importance. During the Israeli system's formative stage, this political role, which suited the prevailing perception of representative democracy, was important in establishing and legitimising the new government. However, the social and economic roles were of paramount importance due to the prevailing ideology of collectivism. This led to a unique process of social engineering through physical planning. The current Israeli system reflects some new trends towards participatory democracy in planning organisation and individualism in the planning process and provisions, and a move away from narrow physical land use perceptions towards an integrated physical-economic-social outlook. Nevertheless, the basic principles of the early 1920's can Still be seen in the system of the 1980's.
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Archinard-Greil, Bérengère. "Lois de police et conflits de juridictions. (Essai sur la coordination des systèmes à l'aide de la notion d'ordre juridique prépondérant)." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3036/document.

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Dans un contexte où le recours au mécanisme des lois de police apparaît de plus en plus fréquent et facilité sur le plan des conflits de lois, la perte d’impérativité que connaissent ces dispositions du fait des solutions libérales retenues sur le plan des conflits de juridictions, conduit à s’interroger sur la possibilité d’apporter des correctifs. En droit positif, l’admission généralisée des clauses de prorogation de for, étatique et arbitral, malgré l’applicabilité d’une loi de police, associée à un système de reconnaissance pratiquement automatique des jugements étrangers et des sentences arbitrales au stade du contentieux de l’exequatur, conduit à rendre ces dispositions globalement semi-nécessaires dans les rapports internationaux. Alors que la mise en œuvre des lois de police devant un for étatique étranger ou arbitral apparaît très incertaine et que la violation de ces dispositions ne fait pas obstacle à la reconnaissance d’un jugement ou d’une sentence qui les aurait négligées, les clauses de prorogation de for apparaissent comme des instruments à la disposition des parties pour se livrer au forum shopping et contourner les impérativités étatiques. Cette solution, paradoxale et peu satisfaisante, compte tenu de l’importance et de la nature des intérêts par principe mis en cause à travers ces dispositions, incite à envisager une solution permettant de restaurer l’impérativité des lois de police dans les conflits de juridictions. Dès lors que ce résultat apparaît comme la conséquence du maintien du principe traditionnel de l’indépendance des compétences législative et juridictionnelle malgré le lien existant entre forum et jus en matière de lois de police, ce constat conduit à s’interroger sur la possibilité de déroger exceptionnellement à ce principe pour consacrer un forum legis impératif et exclusif, fondé sur l’applicabilité d’une telle disposition. Cette solution, restaurant efficacement l’impérativité des lois de police dans leur for d’origine, devrait néanmoins être associée à la mise en place d’un mécanisme de coordination des systèmes permettant de prolonger son efficacité devant les fors étrangers. Il pourrait trouver ses fondements dans certains procédés préexistants, susceptibles d’être adaptés à la réalisation de l’objectif de protection des impérativités étatiques poursuivis. La mise en place de différents mécanismes, apparentés à celui du forum non conveniens, fondés sur un système de coopération interjuridictionnelle ou inspirés de la méthode de référence à l’ordre juridique compétent envisagée par P. Picone, pourrait permettre d’assurer, à l’étranger, le respect des lois de police du for dans des hypothèses différentes. De manière transversale, la restauration de l’impérativité des lois de police pourrait être assurée grâce à un recours à la notion d’ordre juridique prépondérant. Désignant un ordre juridique dont une loi de police mettant directement en cause un intérêt étatique réellement fondamental serait applicable au fond du litige, elle devrait pouvoir fonder la reconnaissance de la vocation plus forte de celui-ci à faire valoir ses vues pour la résolution d’un litige. Elle pourrait fonder à la fois la revendication de compétence juridictionnelle prioritaire de celui-ci pour trancher le différend et un effacement des fors étrangers pour faire prévaloir le point de vue qu’il retient. Une telle solution, étroitement délimitée et justifiée au regard de l’importance des intérêts mis en cause, assurerait une solution satisfaisante permettant à la fois d’articuler harmonieusement la poursuite de la politique libérale qui s’impose dans les conflits de juridictions avec le respect des lois de police et de réconcilier la protection des impérativités étatiques avec la coordination des systèmes
In times of mandatory provisions becoming more and more prevalent, based on conflict of law, the concept of mandatory enforcement appears to be somehow diluted regarding the liberal solutions found in conflicts of jurisdictions. In positive law, mandatory rules do not prevent the enforcement of a forum clause, no more than they are considered during the enforcement stage of decisions. While the application of these rules before foreign courts and arbitrators is very uncertain and does not raise obstacles to the recognition of foreign judgments or arbitral judgment which overlook them, choice of forum clauses has become an instrument of forum shopping in order to avoid mandatory regulations. This solution paradoxically induces a search for a solution to restore there international imperativity. This result has appeared as a consequence of the principle of separation of conflicts of law and conflicts of jurisdictions. That observation leads to ask questions about the possibility of an exemption to this general principle. Indeed, this encourages to consider the possibility to admit a correlation between forum and jus in order to establish imperative and exclusive competence, based on the applicability of such mandatory rules. This forum legis would require to maintain the litigation in its courts and could ensure their application in international relations. However, unilateralism that governs rules of judicial competence should involve the establishment of a mechanism of different legal systems coordination. Depending on the type of mandatory rules concerned, it could be based on an adapted form of forum non conveniens, on international judicial Co-operation processes, or be inspired by the method of reference to the competent legal order envisaged by P. Picone. The deployment of these solutions could be based on using preponderant state notion, that would be the one with the most widely public policy involved. It would lead to the recognition of the strong vocation of it to assert its views for the resolution of a dispute and would justify both the priority jurisdiction of its courts and circumspection of the other jurisdictional authorities to exercise their competence. Such a solution, tightly defined and justified in view of the importance of the interests involved, would provide a satisfactory solution to both harmoniously articulate the pursuit of liberal politics required in conflicts of jurisdictions with respect of public policy, and reconcile the protection of imperativities with the coordination of legal systems
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Telfer, Robert Thomas Currie. "Forum shopping and the private enforcement of EU competition law : is forum shopping a dead letter?" Thesis, University of Glasgow, 2017. http://theses.gla.ac.uk/8002/.

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This thesis examines the relationship between the private enforcement of EU competition law and forum shopping with a particular focus on cross-border collective end-consumer redress. There is no coherent framework across the EU for these types of cases. This lack of uniformity has the potential to create recourse to different national courts. Lawyers may engage in forum shopping when filing lawsuits on behalf of the victims of mass torts. Such practices can provide Member States with incentives to amend their laws to attract collective proceedings and create competition between national judicial systems. However, forum shopping is not the only concern. There appears to be a paucity of cross-border collective claims. This is coupled with an apparent lack of motivation for end-consumers to seek a remedy, particularly if the only choice is to litigate outside their own legal regime. Addressing this situation is vital given that end-consumers regularly suffer harm in the form of higher prices, lower output, reduced quality and limited innovation as a result of antitrust infringements but they are rarely compensated due to legal and practical obstacles. To each end-consumer the harm may indeed be de minimis. However, the aggregate harm can amount to a considerable sum. In the absence of effective redress procedures, infringing undertakings retain the spoils of their unlawful conduct. Against this background, this thesis examines the extent to which the conflicts-of-laws rules encourage forum shopping and considers the appropriate forum and the appropriate procedural measures that need to be adopted in order to facilitate effective and equal access to justice for end-consumer victims of EU competition law violations.
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Larpvanichar, Ratchaneekorn. "Les contrats internationaux : étude comparative franco-thaïlandaise." Phd thesis, Université du Droit et de la Santé - Lille II, 2012. http://tel.archives-ouvertes.fr/tel-00856584.

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Le droit international privé français des contrats est très avancé, la richesse de la jurisprudence et la doctrine font une bonne preuve de l'évolution du droit français en la matière. Ses conceptions sont répandues et admises par d'autres États, européens en premier lieu, puis dans le monde entier. Le système de droit français et celui de droit communautaire sont complémentaires l'un et l'autre. Pour cette raison l'étude de droit international privé français ne peut plus être restreinte uniquement dans le cadre de droit international commun. Dés lors le droit international privé communautaire devrait aussifaire l'objet de cette étude. Quant au droit international privé des contrats thaïlandais, il est en cours de développement et a besoin de grande réformation urgent pour la coopération juridique dans l'ASEAN. L'étude comparative en cette matière permettrait donc de trouver la bonne solution et d'apprendre l'application de règles conflictuelles ainsi que d'autres mécanismes du droit international privé pour régler les problèmes dans l'ordre juridique thaï. Donc les questions de la loi applicable et le règlement des différends font l'objet principal de cette étude.
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Srikison, Veerashnie. "Mandatory child-Inclusive mediation - a possibility in South Africa?" Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73253.

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South Africa is a signatory state to the United Nations Convention on the Rights of the Child (UNCRC) which promotes child participation as an essential right. South Africa has the advantage of the Constitution of South Africa and the Children’s Act 38 of 2005 which give the child a voice but has the disadvantage of the Divorce Act 70 of 1979 which is parent-centric. This research will show that a conundrum exists between realising Article 12 of the UNCRC, Section 28(2) of the Constitution, Section 10 of the Children’s Act and the Divorce Act. It will be shown that there are insufficient efforts currently practiced in dispute resolution related to parenting disputes because of the reliance placed by legal practitioners more on the Divorce Act provisions which show lack of support for child inclusion than the intent of the Children’s Act to include children. This research focuses on the process of mediation and its benefits that make it the ideal environment to include the voice of the child in separation and divorce processes. A case will be made out as to why South African legislators should consider making child inclusive mediation a mandatory process ancillary to the dissolution of the relationship between the parents. Pathways created by the Australian and Canadian jurisdictions, as signatories to the UNCRC, in realising Article 12 of the UNCRC will be looked at. Their initiatives will provide the backdrop for consideration to improving child inclusive practices in South Africa.
Mini Dissertation (LLM)--University of Pretoria, 2019.
Private Law
LLM
Unrestricted
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Sasamori, Norman Cousins. "Forum non conveniens : foreign plaintiffs and U.S. aviation litigation." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59926.

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This thesis examines the doctrine of forum non conveniens as follows. First, the preliminary factors for foreign aircraft accident plaintiffs to consider, such as the diminishing deterrents to aircraft accident litigation and requirements for bringing a suit to a U.S. forum, are set forth. Second, the development of the doctrine of forum non conveniens is traced from its origins to the landmark case of Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981) to present. Finally, after examining various model solutions to the problems raised by the doctrine of forum non conveniens, a new solution is proposed.
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College, of Law University of Arizona. "Forum Conveniens, Vol. 1, No. 4 (April 1996)." College of Law, University of Arizona (Tucson, AZ), 1996. http://hdl.handle.net/10150/610911.

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College, of Law University of Arizona. "Forum Conveniens, Vol. 2, No. 1 (August 1996)." College of Law, University of Arizona (Tucson, AZ), 1996. http://hdl.handle.net/10150/610919.

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College, of Law University of Arizona. "Forum Conveniens, Vol. 2, No. 4 (February 1997)." College of Law, University of Arizona (Tucson, AZ), 1997. http://hdl.handle.net/10150/610923.

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Books on the topic "Mandatory law of forum"

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Forum for State Appellate Court Judges. The privatization of justice?: Mandatory arbitration and the state courts : report of the 2003 Forum for State Appellate Court Judges. Washington, DC: Pound Civil Justic Institute, 2006.

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Paterson, Lee T. Federal mandatory workplace posters. Los Angeles, Calif: Parker & Son Publications, 1989.

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Paterson, Lee T. Federal mandatory workplace posters. 3rd ed. Carlsbad, Calif: Parker Publications, 1992.

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Paterson, Lee T. Federal mandatory workplace posters. 2nd ed. Carlsbad, Calif: Parker & Son Publications, 1991.

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Mandatory continuing education: Discussion paper. Edmonton, Alta: the Bureau, 1991.

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Grey, Joseph. Mandatory seat belt use laws. Charlottesville, Va: Virginia Highway and Transportation Research Council, 1985.

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Adams, George W. Mandatory retirement and constitutional choices. Kingston, Ont: Industrial Relations Centre, Queen's University, 1992.

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Institute, Pennsylvania Bar. Agricultural law forum 2004. Mechanicsburg, PA (5080 Ritter Rd., Mechanicsburg 17055-6903): Pennsylvania Bar Institute, 2004.

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American Bar Association. Section of Litigation. Committee on Pretrial Practice and Discovery. Subcommittee on Mandatory Prediscovery Disclosure Rules. Mandatory prediscovery disclosure: A first look. [Chicago, Ill: American Bar Association, 1994.

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Taylor, Sheila. Michigan's mandatory drug lifer law: A legislative history. [Lansing, Mich.]: Legislative Service Bureau, 2000.

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Book chapters on the topic "Mandatory law of forum"

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Zavadilová, Lucie. "United in Diversity – Regional Unification of the Conflict-of-law Rules in Matters of Matrimonial Property Regimes." In Universal, Regional, National – Ways of the Development of Private International Law in 21st Century, 160–78. Brno: Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-8.

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The unification of the conflict-of-law rules in matters of matrimonial property regimes at EU level seeks to mitigate differences in substantive law in particular legal systems. The aim of this contribution is to analyse the doctrine of overriding mandatory provisions and consider the applicability of the public policy exception, which limit the application of the law otherwise applicable determined in compliance with the unified conflict-of-law rules. The question author addresses in this paper is whether these institutes of the general part of private international law provide for sufficient safeguards to protect the fundamental values and public interests of the forum law in matters of matrimonial property regimes.
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Fishman, Michael J., and Kathleen M. Hagerty. "Mandatory Disclosure." In The New Palgrave Dictionary of Economics and the Law, 1263–66. London: Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_239.

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Merkt, Hanno. "Creditor Protection Through Mandatory Disclosure." In The Law and Economics of Creditor Protection, 93–120. The Hague: T.M.C. Asser Press, 2008. http://dx.doi.org/10.1007/978-90-6704-633-6_5.

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Cohen, Cynthia B. "Ethical Issues in Mandatory Drug Testing." In Ethical Practice in Psychiatry and the Law, 313–25. Boston, MA: Springer US, 1990. http://dx.doi.org/10.1007/978-1-4899-1663-1_22.

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Walulik, Jan. "UK-EU27 forum." In Brexit and Aviation Law, 103–11. Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: Legal perspectives on Brexit: Routledge, 2018. http://dx.doi.org/10.4324/9780429954979-22.

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Walulik, Jan. "UK domestic forum." In Brexit and Aviation Law, 112–15. Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: Legal perspectives on Brexit: Routledge, 2018. http://dx.doi.org/10.4324/9780429954979-23.

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Fallon, Marc, and Stéphanie Francq. "Towards Internationally Mandatory Directives for Consumer Contracts?" In Private Law in the International Arena, 155–78. The Hague: T.M.C. Asser Press, 2000. http://dx.doi.org/10.1007/978-90-6704-575-9_10.

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Spanjaart, Michiel. "The law applicable in the absence of a mandatory convention." In Multimodal Transport Law, 144–67. New York : Routledge, 2017.: Routledge, 2017. http://dx.doi.org/10.4324/9781315213699-7.

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Adarmouch, Latifa. "Biomedical Research Law in Morocco." In Research Ethics Forum, 207–16. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-65266-5_19.

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Walulik, Jan. "UK-third party forum." In Brexit and Aviation Law, 116–19. Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: Legal perspectives on Brexit: Routledge, 2018. http://dx.doi.org/10.4324/9780429954979-24.

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Conference papers on the topic "Mandatory law of forum"

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Kimura, Kazuhiro, Seiichi Hamada, and Masaaki Fujita. "Outline of the JSME Mandatory Rules for Thermal Power Generation Facilities as the Harmonized Code in the Regulatory Requirements." In ASME 2010 Pressure Vessels and Piping Division/K-PVP Conference. ASMEDC, 2010. http://dx.doi.org/10.1115/pvp2010-25119.

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The Japan Society of Mechanical Engineers (JSME) issued the latest edition of Rules on Thermal Power Generation Facilities (JSME S TA1, TA2-2008) and the Mandatory Rules (JSME S TA0-2008) to satisfy the Japanese Electric Utility Industry Law and the Ministerial Ordinance (MO) No.51 of Ministry of Economy, Trade and Industry (METI). This Mandatory Rules were developed and described in form corresponding to the text of the regulatory Interpretations of MO No.51. Japan Electric Standards Committee (JESC) reviewed and evaluated these JSME Rules and proposed METI to accept the JSME Mandatory Rules as the harmonized code in MO No.51 of METI. These JSME Rules are basically equivalent to the ASME B & PV and Piping codes. In this paper, differences between JSME Rules and the ASME Rules were described to be helpful for the ASME Code users.
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Syed, BibiAsma, Mashael Alshafai, and Karam Turk-Adawi. "Prevalence of At-Risk Marriages among Couples attending Premarital Screening (PMS) Programs: A Systematic Review and Meta-Analysis." In Qatar University Annual Research Forum & Exhibition. Qatar University Press, 2020. http://dx.doi.org/10.29117/quarfe.2020.0167.

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Background: Hemoglobinopathies are among the most common inherited genetic diseases. The World Health Organization estimates that at least 5% of the world’s population are carriers for hemoglobinopathies (2.9% for thalassemia and 2.3% for sickle cell disease). Programs like premarital screening (PMS) have been developed in most Middle East countries on a mandatory basis to reduce atrisk marriages by providing counseling after a confirmed “genetic carrier” state for hemoglobinopathies. Aim/Objective: The aim of this systematic review and meta-analysis was to estimate the prevalence of atrisk marriages globally and see the variation by region, income level, ethnicity, study period, implementation year of PMS program, study design and consanguinity proportion. Methods: Different databases such as PubMed, Science Direct, and Scopus were searched systematically by using key terms and MeSH Terms. Studies from Google Scholar and reference lists of studies were also collected, and the author extracted all relevant data. Two reviewers independently conducted quality assessment by using Hoy et al (2012) risk of bias tool. Quality effects model (QEM) was used due to considerable heterogeneity observed between studies. Subgroup analysis and sensitivity analysis were also performed for assessing the causes of heterogeneity. Results: A total of 15 studies were included in this meta-analysis. The overall pooled prevalence of at-risk marriages among total couples at-risk was 64% (95% CI: 49%- 78%). Estimates of several subgroups were found to be different as compared to the overall pooled estimate. Funnel plot and Doi plot indicated the presence of publication bias. Sensitivity analysis including only studies with low risk led to a pooled estimate of 52% (CI: 46%, 57%) and indicated absence of publication bias. Conclusion and recommendations: The pooled estimates varied widely and there was a substantial heterogeneity among studies, therefore, there is a need for more well-designed studies across different countries. Moreover, the importance of the quality of counseling sessions should be stressed and combined with efforts in other community sectors, such as high schools where students can attain high knowledge regarding genetic diseases before the age of marriage.
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Yao, Haibo. "Study on Mandatory Norms of Company Law." In 2017 International Conference on Innovations in Economic Management and Social Science (IEMSS 2017). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/iemss-17.2017.274.

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Denihan, William M. "Hardware Issues in a Mandatory Use Law State." In SAE International Congress and Exposition. 400 Commonwealth Drive, Warrendale, PA, United States: SAE International, 1987. http://dx.doi.org/10.4271/870228.

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Đurđić-Milošević, Tamara. "TESTAMENTARY FORMALITIES IN THE TIME OF PANDEMIC." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18314.

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The formalism in testamentary law is a result of the need to protect the freedom of testamentary disposition and the authenticity of the last will of the testator. Proposed formalities are supposed to serve multiple purposes in testamentary law: evidentiary, cautionary and protective. Having in mind the level of modern society development and technologies, as well as the new challenges we face with today (such as pandemics, natural disasters, etc.), the question arises: whether the prescribed formalities in testamentary disposition are justified in terms of purposes they are suposed to serve? Modern testamentary law is characterized by the trend of liberalization of testamentary forms, mitigation of formalities, abolition of certain obsolete forms of testament, but also introduction of new forms dictated by new social and economic, political circumstances and new requirements of legal trade mortis causa. The experience with the Covid pandemic confirmed the importance of these issues. The state of the pandemic indisputably restricts the freedom of testation in several directions: limited contacts prevent the presence of notaries or judges as representatives of public authorities as a mandatory element of form in public testamentary forms, and the possibility of their composition; it is impossible or difficult to ensure the presence of testamentary witnesses in allographic testament and thus difficult to implement the principle of unitu actu as a key feature of the testamentary form; finally, illiterate people and people with disabilities remain deprived of the opportunity to exercise their constitutionally guaranteed freedom of testing due to being unable to make an holographic legacy, as their sole option available within the extraordinary circumstances of a pandemic, due to above mentioned restrictions. As the basic purpose of the testamentary right is to enable a testamentarily capable person to manifest his last will in whatever circumstances he finds himself, extraordinary circumstances during a pandemic indisputably restrict the freedom of testing. The new pandemic circumstances have prompted the legal public to think in the following directions: whether there is a need to introduce new forms of testament during a pandemic (as was done in Spain, which regulated testament during a pandemic); should certain elements of the form of the will be modernized (e.g. allow the possibility of the participation of the witness of the will in the process of making the will online via audio-video link) ?; and finally, should the door be opened to the digitalization of the will and the possibility of compiling an electronic will and mark the beginning of a new era of testamentary law? These and related issues are the subject of analysis in this paper, and will be viewed through the prism of comparative legislation, with special emphasis on the legislation of the countries of the Roman legal tradition that precedes the form of bequest during a pandemic. In order to determine the guidelines for further development of testamentary law and its rationalization, the situation in common law countries will be pointed out, and some examples from their case law will be analyzed, considering that a significant step towards digitalization of testamentary law has already been made in these legal systems. Based on this comparative analysis, which implies the application of primarily comparative law and dogmatic methods, as well as axiological through a new approach to the testamentary form, we try to determine whether testamentary forms and formalities are harmonized with the needs of modern society, especially in pandemics. Finally, at the end of the paper, the author tries to give proposed solutions in the direction of reforming the testamentary formalities de lege ferenda, trying to establish a balance between legal certainty and freedom of testing.
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Özel, Çağlar. "Portfolio Management Contract." In International Conference on Eurasian Economies. Eurasian Economists Association, 2018. http://dx.doi.org/10.36880/c10.02050.

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This document aims to explain the portfolio management contract. Portfolio Management Contract is constitutive of a mouth certain value of wealth and portfolio called is integrally managed. By the contract, the aim is that financier wealth value direct to market expectation investment, mainly in commerce. The contract usually forms through the transport of Securities and Exchange Commission Notices. Portfolio Management Companies, whose major business line is established and management and as be found incorporated company securities and exchange commission, stockbrokers and banks, which are nonaccedding deposits, constitute the part of the contract. Counterparty is individual or corporate financier. According to general principles of Obligations Law, the contract, which does not have any mandatory condition, depends on requirement of written form with regard to notice of this/the subject. Remuneration is the essential component for Portfolio Management Contract, which has the characteristics of the anonymous contract. In this case, it has to be agreed on getting charge for servitude given by Portfolio Management Companies, stockbrokers and banks, which are nonaccedding deposits. The contract is aimed to commit the obligation with caution rather than extrapolating to a specific condition. In suitable conditions of primarily provisions of the contract of not against of this subject’s issue notices and in case of gaps, provisions of contract of mandate will be applied to the contract by comparison.
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Hastuti, Indira. "Giving Mandatory Wills for Adopted Children as a Legal Protection Based on Justice Value." In International Conference on Law, Economics and Health (ICLEH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.027.

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Brazeal, Clyde E. "Advances in Space Law: The Second Lunar Space Race Will Impact International Space Law." In AIAA Scitech 2021 Forum. Reston, Virginia: American Institute of Aeronautics and Astronautics, 2021. http://dx.doi.org/10.2514/6.2021-1349.

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"CONVALIDATION OF DESTRUCTIVE TRANSACTIONS IN THE INTERESTS OF GOOD PARTICIPANTS OF CIVIL TURNOVER OF PROPERTY MANDATORY RIGHTS." In Current Issue of Law in the Banking Sphere. Samara State Economic University, 2019. http://dx.doi.org/10.46554/banking.forum-10.2019-278/293.

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Шимбарева, Нина, and Nina Shimbareva. "Multilevel law education: losses and gaining." In St. Petersburg international Legal forum RD forum video — Rostov-na-Donu. Москва: INFRA-M Academic Publishing LLC., 2017. http://dx.doi.org/10.12737/conferencearticle_5a3a6fa5d87463.62079337.

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Training of qualified lawyers is considered to be one of the socially significant problems. The higher law education now includes three, relatively independent levels: law bachelor’s programme, law master’s programme and law specialist’s programme. In 2017 the Russian education’s first ever final assessment in doctor’s degree law programme took place. The author of the article gives her own opinion about advantages and disadvantages of the multilevel law education.
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Reports on the topic "Mandatory law of forum"

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Norsworthy, Sarah, Rebecca Shute, Crystal M. Daye, and Paige Presler-Jur. National Institute of Justice’s Forensic Technology Center of Excellence 2019 National Opioid and Emerging Drug Threats Policy and Practice Forum. Edited by Jeri D. Ropero-Miller and Hope Smiley-McDonald. RTI Press, July 2020. http://dx.doi.org/10.3768/rtipress.2020.cp.0011.2007.

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The National Institute of Justice (NIJ) and its Forensic Technology Center of Excellence (FTCoE) hosted the National Opioid and Emerging Drug Threats Policy and Practice Forum on July 18–19, 2019, in Washington, DC. The forum explored ways in which government agencies and programs, law enforcement officials, forensic laboratory personnel, medical examiners and coroners, researchers, and other experts can cooperate to respond to problems associated with drug abuse and misuse. Panelists from these stakeholder groups discussed ways to address concerns such as rapidly expanding crime laboratory caseloads; workforce shortages and resiliency programs; analytical challenges associated with fentanyl analogs and drug mixtures; laboratory quality control; surveillance systems to inform response; and policy related to stakeholder, research, and resource constraints. The NIJ Policy and Practice Forum built off the momentum of previous stakeholder meetings convened by NIJ and other agencies to discuss the consequences of this national epidemic, including the impact it has had on public safety, public health, and the criminal justice response. The forum discussed topics at a policy level and addressed best practices used across the forensic community.
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Jones, Nicole S. 2018 Impression, Pattern and Trace Evidence Symposium. RTI Press, May 2018. http://dx.doi.org/10.3768/rtipress.2018.cp.0006.1805.

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From January 22 to 25, 2018, RTI International, the National Institute of Justice (NIJ) and the Forensic Technology Center of Excellence (FTCoE) held the 2018 Impression, Pattern and Trace Evidence Symposium (IPTES) in Arlington, VA, to promote collaboration, enhance knowledge transfer, and share best practices and policies for the impression, pattern, and trace evidence forensic science communities. NIJ and FTCoE are committed to improving the practice of forensic science and strengthening its impact through support of research and development, rigorous technology evaluation and adoption, effective knowledge transfer and education, and comprehensive dissemination of best practices and guidelines to agencies dedicated to combating crime. The future of forensic sciences and its contribution to the public and criminal justice community is a motivating topic to gather expertise in a forum to discuss, learn, and share ideas. It’s about becoming part of an essential and historic movement as the forensic sciences continue to advance. The IPTES was specifically designed to bring together practitioners and researchers to enhance information-sharing and promote collaboration among the impression, pattern, and trace evidence analysts, law enforcement, and legal communities. The IPTES was designed to bring together practitioners and researchers to enhance information sharing and promote collaboration among impression, pattern, and trace evidence analysts, law enforcement, and legal communities. This set of proceedings comprises abstracts from workshops, general sessions, breakout sessions, and poster presentations.
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