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.
Full textFruchtman, 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/.
Full textArchinard-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.
Full textIn 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
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/.
Full textLarpvanichar, 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.
Full textSrikison, Veerashnie. "Mandatory child-Inclusive mediation - a possibility in South Africa?" Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73253.
Full textMini Dissertation (LLM)--University of Pretoria, 2019.
Private Law
LLM
Unrestricted
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.
Full textCollege, 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.
Full textCollege, 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.
Full textCollege, 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.
Full textCollege, of Law University of Arizona. "Forum Conveniens, Vol. 1, No. 3 (March 1996)." College of Law, University of Arizona (Tucson, AZ), 1996. http://hdl.handle.net/10150/610927.
Full textCollege, of Law University of Arizona. "Forum Conveniens, Vol. 2, No. 6 (April 1997)." College of Law, University of Arizona (Tucson, AZ), 1997. http://hdl.handle.net/10150/610934.
Full textCollege, of Law University of Arizona. "Forum Conveniens, Vol. 2, No. 5 (April 1997)." College of Law, University of Arizona (Tucson, AZ), 1997. http://hdl.handle.net/10150/610935.
Full textCollege, of Law University of Arizona. "Forum Conveniens, Vol. 2, No. 2 (September 1996)." College of Law, University of Arizona (Tucson, AZ), 1996. http://hdl.handle.net/10150/610936.
Full textCollege, of Law University of Arizona. "Forum Conveniens, Vol. 1, No. 1 (November 1995)." College of Law, University of Arizona (Tucson, AZ), 1995. http://hdl.handle.net/10150/610939.
Full textCollege, of Law University of Arizona. "Forum Conveniens, Vol. 1, No. 2 (February 1996)." College of Law, University of Arizona (Tucson, AZ), 1996. http://hdl.handle.net/10150/610942.
Full textHolmer, Mathilde. "Seeking asylum in the United States : Mandatory detention and international law." Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-244906.
Full textKaspers, Birte, and Inken Baumgartner. "18. Migrationspolitischen Forum „Der Familiennachzug im Ausländerrecht" <2003, Berlin> / [Tagungsbericht]." Universität Potsdam, 2003. http://opus.kobv.de/ubp/volltexte/2011/5532/.
Full textMutter, Julia. "17. Migrationspolitisches Forum „Die Zukunft des Zuwanderungsgesetzes" <2003, Berlin> / [Tagungsbericht]." Universität Potsdam, 2003. http://opus.kobv.de/ubp/volltexte/2011/5539/.
Full textCollege, of Law University of Arizona. "Forum Conveniens, Vol. 1, No. 5 (April-May 1996)." College of Law, University of Arizona (Tucson, AZ), 1996. http://hdl.handle.net/10150/610917.
Full textCollege, of Law University of Arizona. "Forum Conveniens, Vol. 2, No. 2-2 (October 1996)." College of Law, University of Arizona (Tucson, AZ), 1996. http://hdl.handle.net/10150/610922.
Full textMcGregor, Dale. "The Impact of mandatory audit firm rotation on the statutory duties of Directors." Master's thesis, Faculty of Law, 2018. http://hdl.handle.net/11427/30833.
Full textSmith, Barbara H. "Mandatory Internet filtering in public libraries the disconnect between law and technology /." [Gainesville, Fla.] : University of Florida, 2009. http://purl.fcla.edu/fcla/etd/UFE0021600.
Full textMelo, Fernando. "Enforceability of foreign forum selection clauses in maritime bills of lading under American law." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27460.
Full textThis doctrine was abandoned in 1972 in the Bremen, where the United States Supreme Court established the presumption of validity of foreign forum selection clauses. However, the enforceability of such clauses is subject to certain exceptions which relate to particular applications of the general principles of contract law.
The Bremen analysis was modified in 1991, when the Supreme Court decided Carnival Cruise, which limited the scope of such exceptions and strengthened the presumption of validity of forum selection clauses.
In 1995, the Supreme Court decided Sky Reefer, overruling the lower court decision in Indussa, and extending the presumption of validity of foreign forum selection clauses to maritime bills of lading subject to the Carriage of Goods by Sea Act (COGSA).
Gombar, Thomas J. "An examination of the effects of Pennsylvania's mandatory recycling law on several municipalities." Instructions for remote access. Click here to access this electronic resource. Access available to Kutztown University faculty, staff, and students only, 1993. http://www.kutztown.edu/library/services/remote_access.asp.
Full textSource: Masters Abstracts International, Volume: 45-06, page: 2942. Abstract precedes thesis as [1] preliminary leaf. Typescript. Includes bibliographical references (leaves 103-107).
Nyamunda, James. "Mandatory Business-To-Government Data Sharing: Exploring data protection through International Investment Law." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443655.
Full textShirai, Tomoko. "The WTO and the mandatory labeling of generically modified foods /." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81235.
Full textLuk, Joyce Si Man. "Is mandatory mediation suitable for personal injury claims in Hong Kong?" access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22052215a.pdf.
Full textTitle from PDF t.p. (viewed on Sept. 7, 2007) "Master of Arts in arbitration and dispute resolution 2006-2007, LW 6409 dissertation" Includes bibliographical references.
Cai, Wei, and 蔡伟. "The mandatory bid rule, hostile takeovers and takeover defences in China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2011. http://hub.hku.hk/bib/B46968398.
Full textBrinkmeier, Friederike. "3. Forum zum Thema Gleichstellung in Politik, Gesellschaft und Wirtschaft <2000, Berlin>: Tagungsbericht / Drittes Forum des Arbeitsstabes Globale Fragen des Auswärtigen Amtes zum Thema Gleichstellung in Politik, Gesellschaft und Wirtschaft am 8., 9. Mai 2000." Universität Potsdam, 2000. http://opus.kobv.de/ubp/volltexte/2011/5474/.
Full textCarrick, Ross Dale. "Court of Justice of the European Union as a democratic forum." Thesis, University of Edinburgh, 2013. http://hdl.handle.net/1842/7797.
Full textMebarek, Charlotte. "Le droit international privé à l'épreuve du forum shopping et du law shopping." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR069.
Full textThe world division into sovereign states encourages persons answerable to the law to usestrategies as they seek to benefit from legislations consistent with their aspirations. These practices are called forum shopping and law shopping. Subjects of law are therefore compared to consumers when the law is reduced to a simple product « marketed » by different national legal orders. These practices take root in the ever growing space the subject of law is given, considering how much mobile they are becoming along with globalization. Consequently,national legal orders are competing against each other with the risk of seeing their most imperative legislation being ousted. Furthermore, world trade of justice fosters the most dishonest maneuvers. Meanwhile, these practices aren’t subjected to any specific regulation. Private international law must find the solutions that would allow control over exercising forum shopping and law shopping in order to reform international litigation and preserve state interests
Maclons, Whitney. "Mandatory court based mediation as an alternative dispute resolution process in the South African civil justice system." University of the Western Cape, 2014. http://hdl.handle.net/11394/4407.
Full textCivil litigation is the primary method of dispute resolution in the South African civil justice system. This process is characterised by a number of shortcomings which include the adversarial nature of the process which often creates further conflict between disputing parties and often results in permanently destroyed relationships between them. Further shortcomings include the highly complex, costly and time-consuming nature of civil litigation. These shortcomings infringe on the constitutional imperative of access to justice for South Africans, particularly for the indigent members of society. In addition, court rolls have become overburdened due to the rapidly increasing volume of litigation at court. This often results in extensive waiting periods before matters are heard at court and further infringes the attainment of access to justice. While progress has been made in enhancing the civil justice system over the years, the aforementioned shortcomings prevail. In recent years the South African government has introduced the concept of mandatory court based mediation to the civil justice system with the view of promoting access to justice and enhancing the civil justice system. In a nutshell, mandatory court based mediation refers a civil dispute to mediation once an appearance to defend is entered at court, in order to attempt the settlement of the matter. In the event of the dispute not being resolved, the matter is then referred back to the conventional litigation process for resolution. Mandatory court based mediation, while controversial and bearing valid criticism; aims to promote access to justice and reconciliation between aggrieved parties and remedies a number of the shortcomings currently plaguing the South African civil justice system. In answering the research question of whether this ADR process is suitable to implement in South Africa in order to remedy the shortcomings of its civil justice system, the following aspects are considered in this thesis: the benefits, advantages, and the constitutionality of mandatory court based mediation, as well as the criticisms and challenges of the process. South Africa may have an adversarial civil justice system, but is no stranger to the practice of mediation. Within South African civil law a number of fields have mentioned mediation as the preferred method of dispute resolution over years. These areas of law will be highlighted in this thesis. Internationally, the jurisdiction of the Australian states of New South Wales and Victoria will also be highlighted. This analysis is done in order to assess the implementation and function of a mediation system, as a preferred method of dispute resolution, across all areas of civil law within an adversarial civil justice system. The current civil justice system in South Africa needs to be remedied due to its negative impact on civil disputants and the nation of South Africa in a broader sense. This thesis does not suggest that mandatory court based mediation is a panacea for all ills plaguing the country’s civil justice system. However, this ADR process may suit South Africa and its implementation may make a considerable remedial contribution and possibly significantly enhance its civil justice system.
Moberger, Elin. "Free Movement of Goods : Article 36 TFEU and Mandatory Requirements Justification under Public Policy and Public Security." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76477.
Full textBrinkmeier, Friederike. "4. Forum Globale Fragen „Die UNO stärken - neue Impulse nach dem Millenniums-Gipfel" <2000, Berlin>: Tagungsbericht / Die UNO stärken - neue Impulse nach dem Millenniums-Gipfel, Viertes Forum GlobaleFragen im Auswärtigen Amt am 24., 25. Oktober 2000." Universität Potsdam, 2000. http://opus.kobv.de/ubp/volltexte/2011/5479/.
Full textBreuer, Marten. "Einstein Forum Potsdam: The Internationalization of Public Law ("Blickwechsel - Perspektiven der Wissenschaft") <2005, Berlin> / [Tagungsbericht]." Universität Potsdam, 2005. http://opus.kobv.de/ubp/volltexte/2011/5633/.
Full textCamargo, Solano de. "Forum shopping: modo lícito de escolha de jurisdição?" Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-21122015-193317/.
Full textThe international doctrine usually conceptualizes forum shopping as the choice of jurisdiction more favorable to the plaintiff, in the hypothesis where there is international concurrent jurisdictions. A whole series of phenomena brought with the globalization (whether political, social or economic) reverberate concretely in the private international law, expanding the possibilities of disputes in a worldwide scale, bringing with itself several concerns. The exercise of such option in foreign jurisdictions, through out the time, has led the international doctrine and jurisprudence to qualify the forum shopping either as an abuse of procedural right either as a legitimate potestative right of the plaintiff. The purpose of this work is the analysis of the phenomenon in the context of private international law, focusing on the effects of substantive and procedural order that reflect in the conflicts filed in Brazil and in abroad, analyzing the cases of international repercussions.
au, Jeremy@malcolm id, and Jeremy Mark Malcolm. "Multi-Stakeholder Public Policy Governance and its Application to the Internet Governance Forum." Murdoch University, 2008. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20080416.94945.
Full textSvensson, Pializ. "En studie av begreppet uppfyllelseort i artikel 5 (1) b i Bryssel I-förordningen." Thesis, Jönköping University, Jönköping International Business School, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12191.
Full textThe courts international juristiction within the European union is regulated by the Brussels I Regulation. Article 2.1 of the Brussels I Regulation contains the fundamental provision. According to this Article the plaintiff shall submit an action where the defandent is domiciled. The Regulation provides exemptions to the this provision in Article 2.1.
The court of the international case can also be determined according to Article 5 (1) of the Brussels I Regulation. This Article contains an alternative to the general provision within Article 2.1. Article 5 (1) is applicable when the dispute is based on an agreement between the parties. The Article is justified because of the close link between the contract and the court of the place where the contract was, or is to be, performed. Article 5 (1) b of the Brussels I Regulation contains a uniform definition of the place of performance, if the agreement consists of contracts for the sale of goods and the provisions of services.
The European Court of Justice in the cases Color Drack, Peter Rehder, Car Trim and Wood Floor interprets the place of performance. In paragraph 18 of the Color Drack-case the ECJ establish that the place of performance shall be “interpreted in the light of the origins, objectives and scheme of that regulation”. The ECJ follows these principles in the interpreting of the cases Peter Rehder, Car Trim and Wood Floor. This essay analyzes the above-mentioned rulings in order to investigate the impact of The ECJ rulings in Car Trim and Wood Floor for the application of Article 5 (1) b of the Brussels I Regulation.
Cushing, Karen. "An analysis of the mandatory admission criterion within youth justice diversionary processes." Thesis, University of Bedfordshire, 2016. http://hdl.handle.net/10547/622545.
Full textAlsaidi, Abdullah Mohammed. "Petroleum arbitration : applicable law and appropriate arbitral forum (a study of petroleum disputes in Arab countries)." Thesis, Queen Mary, University of London, 2004. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1844.
Full textHameed, Usman. "Mandatory obligations under the international counter-terrorism and organised crime conventions to facilitate state cooperation in law enforcement." Thesis, University of Glasgow, 2014. http://theses.gla.ac.uk/5118/.
Full textWeiß, Norman. "„Alternativen zur Abschiebungshaft" <2000, Berlin>: Tagungsbericht / „Alternativen zur Abschiebungshaft", 8. Migrationspolitische Forum am 3. Mai 2000." Universität Potsdam, 2000. http://opus.kobv.de/ubp/volltexte/2011/5472/.
Full textMelo, Fernando. "Enforceability of foreign forum selection clauses in maritime bills of lading under American law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq29835.pdf.
Full textMarkgren, Karolina. "The doctrine of forum non conveniens and its suitability within the application of the Brussels I instruments." Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-247944.
Full textStretch, Rachael Elizabeth. "Should failing to report be a criminal offence? : a comparative analysis of mandatory reporting in English and French criminal law." Thesis, Nottingham Trent University, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.366068.
Full textBell, Andrew S. "Venue in transnational litigation : a study of the conditions for, motivations behind and defences against forum shopping." Thesis, University of Oxford, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.240245.
Full textRiordan, Timothy Michael. "Professionalization, advancing morally responsible practice within the context of mandatory mediation, family law and spousal abuse." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0020/MQ48408.pdf.
Full textRiordan, Timothy Michael Carleton University Dissertation Law. "Professionalization: Advancing morally responsible practice within the context of mandatory mediation, family law and spousal abuse." Ottawa, 1999.
Find full textSaumier, Geneviève. "Public policy, mandatory rules and uniform choice-of-law rules in contract : the impact of European harmonization on English private international law." Thesis, University of Cambridge, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.627212.
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