Libri: "Conflict clauses"

1

Marcel, Fontaine. Drafting international contracts: Analysis of contract clauses. Ardsley, NY: Transnational Publishers, 2006.

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2

Marcel, Fontaine. Droit des contrats internationaux: Analyse et redaction de clauses. 2^a ed. Paris: Forum Européen de la Communication, 2003.

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3

Fontaine, Marcel. Drafting international contracts: An analysis of contract clauses. Leiden: Martinus Nijhoff Pub., 2009.

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4

Marcel, Fontaine. Drafting international contracts: An analysis of contract clauses. Leiden: Martinus Nijhoff Pub., 2009.

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5

International Congress of Comparative Law (14th 1994 Athens, Greece). Les clauses d'exception en matière de conflits de lois et de conflits de juridictions, ou, le principe de proximité: XIVe congrès international de droit comparé = Exception clauses in conflicts of laws and conflicts of jurisdictions, or, the principle of proximity : XIVth International Congress of Comparative Law. Dordrecht: M. Nijhoff Publishers, 1994.

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6

Werlauff, Erik. International contracts: The UNIDROIT principles as an alternative to clauses on governing law. Copenhagen, Denmark: Ex Tuto Publishing, 2013.

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7

Rutgers, Jacobien W. International reservation of title clauses: A study of Dutch, French, and German private international law in the light of European law. The Hague: T.M.C. Asser Press, 1999.

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8

Lupoi, Michele Angelo. Conflitti transnazionali di giurisdizioni. Milano: A. Giuffrè, 2002.

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9

Rasmussen-Bonne, Hans-Eric. Alternative Rechts- und Forumswahlklauseln: Eine vergleichende Darstellung. Frankfurt am Main: P. Lang, 1999.

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10

Office, General Accounting. International trade: Critical issues remain in deterring conflict diamond trade : report to congressional requesters. Washington, D.C. (441 G St., NW, Washington 20548): GAO, 2002.

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11

Ribstein, Larry E. The law market. New York: Oxford University Press, 2009.

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12

Fabri, Hélène Ruiz. La jurisprudence de l'OMC: The Case-law of the WTO 1999-1. Leiden [etc.]: Martinus Nijhoff Publishers, 2007.

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13

Fontaine, Marcel, e Filip De Ly. Drafting International Contracts: An Analysis of Contract Clauses. Ebsco Publishing, 2006.

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14

Khemiri, Jonas Hassen, e Alice Menzies. Family Clause. Penguin Random House, 2020.

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15

Kokkini-Iatridou, D. Les Clauses d'Exception En Matiere De Conflits De Lois et De Conflits De Jurisdictions - Ou le Principe De Proximite:Exception Clauses in Conflicts of ... - or the Principle of Proximity. Springer, 1994.

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16

Tjakie, Naudé. Ch.2 Formation and authority of agents, Formation V: Arts 2.1.19–2.1.22—Standard terms, Art.2.1.22. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0039.

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Abstract (sommario):

This commentary focuses on Article 2.1.22 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning battle of forms. The ‘battle of forms’ arises where the parties reach agreement on the essential terms, usually through a reply to an offer which identifies itself as an acceptance, but both parties indicate, more or less automatically, that their respective standard terms should govern the contract. Since the standard terms often conflict with each other, the question arises whether a contract has actually been concluded at all and, if so, which of the inconsistent standard terms should apply in a given situation. In this regard, Art 2.1.22 follows the ‘knock-out’ doctrine. This commentary discusses battle of forms and the general rules on offer and acceptance, requirements for application of the knock-out rule, result of applying the knock-out rule, battle of conflicting choice of law clauses and jurisdiction clauses, and other possible solutions to the battle of forms and the case for the knock-out doctrine.

17

Khemiri, Jonas Hassen, e Alice Menzies. Family Clause: A Novel. Farrar, Straus & Giroux, 2020.

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18

Khemiri, Jonas Hassen, e Alice Menzies. The Family Clause: A Novel. Picador, 2021.

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19

Grosse Ruse-Khan, Henning. Trips and Later Inter-Se Agreements. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199663392.003.0005.

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This chapter focusses on how ‘Free Trade Agreements’ (FTAs) fit within the existing multilateral framework, primarily with the Trade Related Aspects of International Property Rights (TRIPS) Agreement which most FTAs take as basis and benchmark from which the contracting parties modify rules among another (inter-se). In this context, the most prominent issue is the effect the continuous strengthening of the standards of intellectual property (IP) protection and enforcement has on the optional provisions and flexibilities of the TRIPS Agreement. The chapter examines whether and how the TRIPS addresses such further increases in protection and enforcement. It also looks at conflict clauses in FTAs and how they perceive their relation with the multilateral IP rules, especially the TRIPS Agreement. The principal question here is whether rule-relations within the international IP system are still primarily determined by harmonious interpretation — or if conflict resolution rather functions by choosing one rule over another.

20

Tina, Wüstemann, e Huber Roman. III Trust Arbitration as a Matter of National Law, 17 Trust Arbitration in Switzerland. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0017.

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This chapter argues that Switzerland’s importance as centre for trust services as well as its longstanding tradition in international arbitration make it a perfect venue for trust arbitration, particularly in light of the scarcely developed arbitration law and practice in several offshore trust jurisdictions. Against this background, it examines whether trust disputes can be arbitrated in Switzerland, with a particular focus on the recognition of arbitration clauses in trust deeds. While Switzerland does not provide for the institution of trusts in its substantive law, it has ratified the Hague Trust Convention with took effect from 1 July 2007 and has enacted new conflict of law provisions, in particular Articles 149a to 149e of the Private International Law Statute (PILS), which operate so as to allow the full ‘implantation’ (or incorporation) of foreign trusts into Swiss law.

21

Redlich, Alexander, e Markus Troja, a cura di. Konfliktdynamik in Wirtschaft und Gesellschaft. Nomos Verlagsgesellschaft mbH & Co. KG, 2022. http://dx.doi.org/10.5771/9783748932192.

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Abstract (sommario):

If you want to learn about a cross-section of topics concerning conflict dynamics, their explanation and analysis, you will find it here. This book offers managers, mediators and any other readers interested in this field a selection of articles written by expert academics and practitioners for the German journal Konfliktdynamik (Conflict Dynamics) over the past ten years. These contributions also represent a piece of contemporary history because they largely reflect the development of social conflicts. With contributions by Claude Amar, Robert A. Baruch Bush, Ulrich Bröckling, Andrea Budde, Renate Dendorfer-Ditges, Hans Rudi Fischer, Joseph P. Folger, Véronique Fraser, Ulla Gläßer, Friedrich Glasl, Anatol Itten, Elisabeth Kals, Sascha Kilburg, Karl Kreuser, Elisabeth Kurzweil, Tom Levold, Svenja Melbye, Hanna Milling, Matthias Otto, Alexander Redlich, Arist von Schlippe, Bernd Schmid, Silke Schneider, Svenja Christina Schütt, Markus Troja, Theo Wehner, Rudolf Wimmer and Irina Winkler.

22

Christopher, Hare, e Neo Dora, a cura di. Trade Finance. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198854470.001.0001.

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Trade Finance provides a much-needed re-examination of the relevant legal principles and a study of the challenges posed to current legal structures by technological changes, financial innovation, and international regulation. Arising out of the papers presented at the symposium, Trade Finance for the 21st Century, this collection brings together the perspectives of scholars and practitioners from around the globe focusing on core themes, such as reform and the future role of the UCP, the impact of technology on letters of credit and other forms of trade finance, and the rise of alternative forms of financing. The book covers three key fields of trade finance, starting with the challenges to traditional trade financing by means of documentary credit. These include issues related to contractual enforceability, the use of “soft clauses”, the doctrine of strict compliance, the fraud exception, the role of the correspondent bank, performance bonds, and conflict of laws problems. The second main area covered by the work is the technological issues and opportunities in trade finance, including electronic bills of exchange, blockchain, and electronically transferable records. The final part of the work considers alternative and complementary trade finance mechanisms such as open account trading, supply-chain financing, the bank payment obligation, performance bonds, and countertrade.

23

Bond, James E. No Easy Walk to Freedom. Praeger, 1997. http://dx.doi.org/10.5040/9798400691775.

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The Southern ratification debate on the 14th Amendment was a part of the bitter, decade-long struggle to reconstruct and later redeem the South. This book makes clear that amidst all the conflict and cacophony of the period, the commands of the 14th Amendment were widely and uniformly understood. The three great clauses of Section 1 of the 14th Amendment were intended both to guarantee everyone the fundamental rights of citizenship and personhood and to nationalize the protection of those rights within the federal structure ordained by the Constitution. That means that the states were to retain primary responsibility for defining and protecting those rights, subject only to the requirement that they treat all fairly and equally. Rooted in the natural rights philosophy of the Declaration of Independence rather than in the text of the Bill of Rights, the commands of the 14th Amendment were intended to protect liberty in an inseparable union of states. This study lets the participants in these events speak for themselves: in official reports; in party platforms and campaign speeches; in resolutions from meetings, rallies, and conventions; in editorials and letters to the editor; and in private diaries and personal correspondence. Much of the documentary evidence in this book is being published for the first time.

24

Tomuschat, Christian. State Responsibility and the Individual Right to Compensation Before National Courts. A cura di Andrew Clapham e Paola Gaeta. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199559695.003.0031.

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Normally, states parties to an armed conflict settle the financial consequences of that conflict in the traditional way, if ever they reach agreement, by concluding comprehensive treaties that embrace also all the claims that their nationals may have acquired on account of the conflict. The most common form of reparation consists of lump sum payments that do not differentiate between the different groups of victims. Remedies for individuals are not available within the framework of international humanitarian law (IHL) at the international level. This chapter explores state responsibility and the individual right to compensation before national courts, in particular violations of IHL. It looks at compensation claims before the courts of the alleged wrongdoing state, as well as those claims outside the alleged wrongdoing state. It considers national reparation programmes, tort claims arising from military operations during non-international armed conflict, tort claims arising from international armed conflict, the territorial clause,jus cogensversus jurisdictional immunity, implications for public policy, and universal jurisdiction for reparation claims.

25

Georg, von Segesser. IV Trust Arbitration as a Matter of International Law, 19 Arbitrating Trust Disputes: Effect of the Hague Convention on the Law Applicable to Trusts and on Their Recognition. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0019.

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This chapter examines the effect of the Hague Convention on the Law Applicable to Trusts and on their Recognition (Hague Trust Convention) on the law applicable to the arbitration of trust disputes. It also considers the extent to which arbitrators can apply the conflict of laws rules of the convention in cases where the parties have not agreed that these rules should govern the issues in dispute. The chapter is organized as follows. Section II addresses the selection of the applicable substantive law by arbitral tribunals in cases where the parties have not agreed on the applicable law. Sections III and IV cover international conventions and, in particular the Hague Trust Convention, as sources for the selection of the applicable law. Section V deals with the validity and effect of arbitration agreements while Section VI considers the effects of a choice of-law-clause and the binding effect of such a clause for the arbitral proceedings. Section VII addresses the effect of specific conflict of laws rules of the Hague Trust Convention on the law applicable to the merits in international trust arbitration disputes.

26

Zick, Timothy. Arms. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190841416.003.0008.

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Chapter 7 addresses the relationship between the Free Speech Clause and the Second Amendment’s right to “keep and bear Arms.” Relative to the other non-speech rights examined in the book, recognition of an individual right to keep and bear arms occurred relatively recently (the Supreme Court recognized the right in 2008). As a result, the relationship between free speech and Second Amendment rights is still developing. The chapter focuses primarily on two aspects of their intersection. The first is the extent to which the nature and scope of Second Amendment rights ought to be modeled on Free Speech Clause doctrines and principles. The chapter considers the pros and (mostly) cons of “borrowing” the Free Speech Clause for this purpose. The second aspect of the relationship between the Free Speech Clause and the Second Amendment relates to potential conflicts between them. The chapter addresses two tension points—the effect on free speech of openly carrying firearms at public protests and demonstrations, and the effect on academic freedom and inquiry from the presence of firearms in university classrooms. The chapter argues that the future of the Second Amendment will not be determined by explicit borrowing of Free Speech Clause doctrines. However, in terms of constructing the modern right to keep and bear arms, there is much we can learn from the nation’s long experience with free speech rights.

27

Coles, Norman. US Constitution of 1791 and the Fugitive Slave Clause : A Philosophical Re-Rendering of Legislative Authority: Ambiguities and Conflicts. Sussex Academic Press, 2019.

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28

Reynolds, William L., e William M. Richman. The Full Faith and Credit Clause: A Reference Guide to the United States Constitution (Reference Guides to the United States Constitution). Praeger Publishers, 2005.

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29

Francisco, Garcimartín. Part III Europe, 14 Derivatives in Cross-Border Insolvency Proceedings. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755371.003.0014.

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This chapter defines derivatives as a starting point and looks at how they work. Traditionally, they have enjoyed privileged status in an insolvency scenario, both at the substantive-law level and at the conflict-of-laws level. The chapter describes how the new resolution framework has reduced that privileged status and ‘re-routed’ those financial agreements to general principles of insolvency law, in particular as regards the ‘ipso facto clause’ and other termination rights, and explains its reasons. This raises the question of whether that privileged status must be kept and the resolution scenario must be qualified as an exception to it, or conversely whether this is just a first step to reconsidering the whole approach.

30

Scott, Tom. The Hereditary Agreement of 1511. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198725275.003.0010.

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Verdicts on the Swiss War now agree that it was a local conflict which spun out of control. In its aftermath the Confederation reached its final composition, with the admission of Basel and Schaffhausen as full members in 1501 and Appenzell in 1513. Were existing treaties to apply to the new members? Yet the status of Konstanz was still not resolved. Only when Konstanz was stripped of its effective independence in 1510 was Maximilian prepared to sign the Hereditary Agreement with the Swiss the following year. While continuing the provisions of the Perpetual Accord of 1474, the agreement forswore any military assistance, but contained a non-aggression clause and a prohibition on accepting each other’s subjects into a protective alliance (Burgrecht).

31

Zick, Timothy. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190841416.003.0001.

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The Introduction accomplishes several things. It emphasizes the central subject matter of the book, which is the relationships between freedom of speech and other (“non-speech”) constitutional rights. The Introduction also discusses different conceptions of constitutional rights—as textual guarantees, trumps of governmental power, and rhetorical devices. It emphasizes the relational character of rights and introduces the concept of Rights Dynamism, which is the process by which rights intersections occur. The Introduction highlights the bidirectional relationship between freedom of speech and non-speech rights, noting that interactions between these rights have influenced interpretation of both the Free Speech Clause and the rights it has interacted with over time. It describes the facilitative and mediating functions of freedom of speech, as well as the conflicts between free speech and non-speech guarantees. Finally, it introduces the concept of Rights Pluralism, which is defined and defended more fully in the book’s final chapter.

32

Horne, Gerald. The Jim Crow Paradox. University of Illinois Press, 2018. http://dx.doi.org/10.5406/illinois/9780252041198.003.0012.

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This concluding chapter argues that the decline of forces represented by Paul Robeson meant that forces symbolized by Claude Barnett, who were surely interested in Pan-Africanism but also were seeking profitable investments, meant they were conflicting with African leaders like Kwame Nkrumah who had a socialist orientation; this was bound to create waves. Moreover, it was bound to undermine Associated Negro Press's (ANP) role as an honest broker or even as a cynical promoter of Washington's policies, all of which was hastening the agency's demise. Part of the paradox of Jim Crow was that as it eroded at a time when the Robesons were in retreat and the Nkrumahs of the world were ascending, conflict was bound to arise between Africans and African Americans, thus eroding too the global leverage that had been so instrumental in collapsing Jim Crow in the first place.

33

Zola, Émile. The Belly of Paris. Tradotto da Brian Nelson. Oxford University Press, 2009. http://dx.doi.org/10.1093/owc/9780199555840.001.0001.

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‘Respectable people… What bastards!’ Unjustly deported to Devil's Island following Louis-Napoleon's coup-d'état in December 1851, Florent Quenu escapes and returns to Paris. He finds the city changed beyond recognition. The old Marché des Innocents has been knocked down as part of Haussmann's grand programme of urban reconstruction to make way for Les Halles, the spectacular new food markets. Disgusted by a bourgeois society whose devotion to food is inseparable from its devotion to the Government, Florent attempts an insurrection. Les Halles, apocalyptic and destructive, play an active role in Zola's picture of a world in which food and the injustice of society are inextricably linked. The Belly of Paris (Le Ventre de Paris) is the third volume in Zola's famous cycle of twenty novels, Les Rougon-Macquart. It introduces the painter Claude Lantier and in its satirical representation of the bourgeoisie and capitalism complements Zola's other great novels of social conflict and urban poverty.

34

Horne, Gerald. Pan-Africanism Is the News. University of Illinois Press, 2018. http://dx.doi.org/10.5406/illinois/9780252041198.003.0011.

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This chapter explores the decline of the Associated Negro Press (ANP). It did not take long for the mainstream press to realize that the ANP was sitting on a journalistic goldmine with its direct pipeline to one of the biggest stories of the decade, if not the century: decolonization and how it intersected with the battle against Jim Crow. Claude Barnett was in an advance wave of African Americans descending upon Africa seeking to take advantage of the perceived gold rush delivered by decolonization. Another viselike pressure that the ANP found hard to resist was the other major force of that conflicted era: anticommunism. Unlike the past, the Negro press was now reluctant to hire talented writers with radical associations. As this high drama was unfolding, Barnett continued to live the good life in Chicago, making it difficult to grasp the far-reaching changes just over the horizon.

35

Ribstein, Larry E., e Erin A. O'Hara. Law Market. Ebsco Publishing, 2009.

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36

Ribstein, Larry E. Law Market. Oxford University Press, 2009.

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37

Mérand, Frédéric. The Political Commissioner. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893970.001.0001.

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Based on four years of embedded observation in the cabinet of a European Commissioner, this book develops a sociology of international political work. Empirically, it offers an insider’s chronicle of the European Union between 2015 and 2019. The analysis traces the successes and failures of Commissioner Pierre Moscovici and his team on five issues that defined European politics between 2015 and 2019: the Greek crisis, budgetary disputes with Spain and Portugal, the rise of populism in Italy, the reform of the eurozone, and the fight against tax evasion. The aim is not to ascertain whether the Commission’s policy was good or bad, but to understand how political work is done in a European Union where the “spectacle of power” is blurred by twenty-four official languages, twenty-eight national histories, a powerful technocracy, and sometimes opaque institutions. As a life-long socialist politician and former French finance minister, Pierre Moscovici was perhaps the most intensely political character in Jean-Claude Juncker’s self-styled “Political Commission.” Brandishing his leftist identity, rejecting technocratic talk, he surrounded himself with staffers sharing his ambition—but also critical of his actions. Shadowing them from the corridors of the Berlaymont, the seat of the European Commission, to Washington and Athens, The Political Commissioner throws light on the partisan struggles that shaped the Juncker Commission, tensions with the Eurogroup and the Parliament, and recurring conflicts with the Member States. It also shows how political staffers operate informally and in their interaction with the media and civil servants, as they craft and sell public policies to the public.

Libri sul tema "Conflict clauses"

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