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Cheshire, North & Fawcett: Private International Law
The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including the newly finalized Rome II Regulation. The book is invaluable for the practitioner as well as being one of the leading students' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law, a popular law school option.
It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by academics who both previously worked as solicitors, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts.
It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by academics who both previously worked as solicitors, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts.
1536 pages, Paperback
First published September 4, 2008
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June 5, 2018So, things get a bit tricky on p24: Mr Dalrymple is an India expert; my grandmother was Miss Gordon sometime ago, and slightly more recently, she gave me a copy of Mr Dalrymple's first book. In between times, she became Mrs Hill, and we may need to have a chat about Mr Hill. Mr Gordon on the other hand remains likely to be a jolly good fellow.
The text appears to have a mildly endearing timbre and patina which makes the rather high word count mostly easy on the eye and pleasing to the ear.
Some linguistic difficulties may present around the field: public international law may be perceived to be a tautology, and whereas private international law isn't an oxymoron, there may be a slight cognitive dissonance, and the impression may be created that the subject speaks to the concerns of those who can retain legal professionals to address issues across jurisdictions. Were the latter subject to be described as trans-jurisdictional law, to what extent might it be easier to distinguish between inter-governmental jure imperii transactions and those of the jure gestionis species, and for business to business or business to consumer transactions across jurisdictions where the nation state has a third party interest, be easier to delineate and thus make it easier to organise and carry out proper rendering processes?
#aphids - pp238-9
pp251 -2 ii) - Concurrent actions in tort and contract - in sooth, this reviewer may have a better idea of why he was so sad at the time of reading this text around the time it went to print. So, in general terms then, concerning An obligation performable in a number of places, what infrastructure is (/could be made) available to support its performance in a number of places, and were such obligations to fall due at the same time, which protocols are (/could be made) available to prevent or otherwise mitigate in the subject the onset of psychosis that would surely ensue? What else may be generally relevant in this context?
p400-405 - The appropriate forum. It might be helpful in a future edition, once forum issues have been addressed, to clarify how priorities are assigned between the contract rights of one party, the jus cogens rights of another; arrangements to render any obligations erga omnes that may present, and to elaborate how material issues are handled, assessed and resolved.
The text appears to have a mildly endearing timbre and patina which makes the rather high word count mostly easy on the eye and pleasing to the ear.
Some linguistic difficulties may present around the field: public international law may be perceived to be a tautology, and whereas private international law isn't an oxymoron, there may be a slight cognitive dissonance, and the impression may be created that the subject speaks to the concerns of those who can retain legal professionals to address issues across jurisdictions. Were the latter subject to be described as trans-jurisdictional law, to what extent might it be easier to distinguish between inter-governmental jure imperii transactions and those of the jure gestionis species, and for business to business or business to consumer transactions across jurisdictions where the nation state has a third party interest, be easier to delineate and thus make it easier to organise and carry out proper rendering processes?
#aphids - pp238-9
pp251 -2 ii) - Concurrent actions in tort and contract - in sooth, this reviewer may have a better idea of why he was so sad at the time of reading this text around the time it went to print. So, in general terms then, concerning An obligation performable in a number of places, what infrastructure is (/could be made) available to support its performance in a number of places, and were such obligations to fall due at the same time, which protocols are (/could be made) available to prevent or otherwise mitigate in the subject the onset of psychosis that would surely ensue? What else may be generally relevant in this context?
p400-405 - The appropriate forum. It might be helpful in a future edition, once forum issues have been addressed, to clarify how priorities are assigned between the contract rights of one party, the jus cogens rights of another; arrangements to render any obligations erga omnes that may present, and to elaborate how material issues are handled, assessed and resolved.
Displaying 1 of 1 review