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This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...
Persistent link: https://www.econbiz.de/10013124820
The article engages in an ideology critique of international criminal law texts and discourse, drawing on a theoretical framework developed by critical legal studies scholars in order to interrogate, in a different jurisprudential context, the assumptions undergirding contemporary international...
Persistent link: https://www.econbiz.de/10013082385
This article examines the Private International Law (Choice of Law in Tort) Bill, referred to the New Zealand Justice and Electoral Select Committee at the end of 2016. The authors explore the potential effects of the Bill, such as the abolition of the double actionability rule, along with...
Persistent link: https://www.econbiz.de/10012893752
This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of...
Persistent link: https://www.econbiz.de/10014211298
In this paper we analyze the factors that should be considered when allocating a given policy function at a particular level of government and how these factors affect the growth and evolution of multi-level governments. After discussing the interplay of economies of scale, economies of scope,...
Persistent link: https://www.econbiz.de/10014212776
Should the EU introduce an Optional European Contract Law Code and what should it look like? By applying economic theories of federalism and regulatory competition (legal federalism), it is shown why an Optional Code would be a very suitable legal instrument within a two-level European System of...
Persistent link: https://www.econbiz.de/10014221666