Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 22 for “"Conflict of Laws"”.
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From Conflict of Laws to Global Justice
At the beginning of the 21st Century, conflict-of-laws theory lies in tatters. The determination of the applicable law could hardly be more disputed and insecure. At the same time, globalization requires a strong basis on which legal systems can be coordinated. It is therefore high time to …
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Comparative Aspects of Conflict of Laws in Domestic Relations
… in DSpace on 2015-05-12T22:33:52Z (GMT). No. of bitstreams: 2 license.txt: 4848 bytes, checksum: 96035ab3f5e1c23cc7138a224ce498bd (MD5) 7309900.PDF: 14871377 bytes, checksum: cc6f880207127798eccae4ce03a0c793 (MD5) Previous issue date: 1972
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The effect of the constitutional relations between Scotland and England on their conflict of laws relations: a Scottish perspective
The purpose of this thesis is to explore the effect of the changing constitutional relationship between Scotland and England on the Scottish approach to conflicts of law with an English element (i.e., competitions of jurisdiction between Scots and English courts; cases in which both Scots and …
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Conflict of Laws in E-Commerce in the UAE and the Prospect for Harmonization among Gulf Cooperation Council Member States
… Arab Emirates (UAE), and across member states of the Gulf Cooperation Council (GCC), requires development in the areas of determining the judicial jurisdiction and the law applicable to those transactions. Following analyses focusing on the provisions of the UAE and GCC member states for …
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THE LOCATION OF DAMAGE IN THE EU CONFLICT OF LAWS: THE CASE OF FINANCIAL LOSS IN THE CONTEXT OF BLOCKCHAIN TRANSACTIONS
Starting from a technical reconstruction of the blockchain, understood as a distributed ledger, and an analysis of the regulatory initiatives proposed at international, European and national level to regulate its use, the thesis analyses the case of pure financial loss that may occur when financial …
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A comparative study of the fundamental juridical nature, classification and private law enforcement of jurisdiction and choice of law agreements in the English Common Law of Conflict of Laws, the European Union Private International Law Regime and the Hague Convention on Choice of Court Agreements
During the course of this PhD thesis, it will be argued that it is misconceived to think of jurisdiction and choice of law agreements as unilaterally enforced domestic private law obligations within an English 'dispute resolution' paradigm because multilateral private international law rules are …
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Some aspects of matrimonial causes in Maltese private International law
… international law, with the possibilities it offers for the examination and application of foreign laws in the local forum, is indeed a fascinating subject. In the field of family law, its impact is perhaps the most important, as a judge is faced with problems concerning the basic cell of …
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Copyright infringement in Zambia versus sustainable development
The main objective of this Directed Research Essay is to illustrate the relationship that exists between effective copyright protection and sustainable development. To achieve this, the essay looks at selected provisions of the Copyright and Performance Rights Act, chapter 406 of the Laws of Zambia …
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In a digital age and where significant assets may consist of dematerialised instruments, are our existing rules sufficient to provide a fair and effective regime governing the location of assets?
The failure of Lehman Brothers ("Lehman") in September 2008 resulted in the world's largest ever insolvency proceedings. Almost eight years later, these have yet to be concluded. Much of the work of the lawyers involved with the Lehman insolvency has concerned questions of the ownership of assets …
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"Brexit e circolazione della sentenza civile"
The objective of this work is to evaluate the consequences of the withdrawal of the United Kingdom from the European Union in the field of Private International Law, with a focus on the enforcement of civil judgments between the UK and the EU after “Brexit”. The theme is part of a broader debate, …
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Regulating Arbitral Jurisdiction: A Private International Law Proposal
This PhD thesis focuses on the regulation of jurisdictional issues in relation to the arbitral resolution of international commercial disputes. It provides an account based on a contemporary analysis of these issues utilising the tools of private international law. The analysis is divided in two …
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Private International Law Aspects of Freezing Injunctions
… for a freezing injunction. The vast majority of academic literature and court decisions directly or indirectly adopt the view that freezing injunctions have stood the test of time and are so frequently granted in commercial litigation that there is no need for any serious concern about their …
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ISLAMIC ESTATE PLANNING: ANALYSING THE MALAYSIAN PERCEPTIONS ON WASIYYAH (WILL) AND BEQUEST PRACTICES
… within the conceptual and mechanistic framework of faraid, bequest and gift (hibah). In Islam, there is no limitation on the transfers of wealth during the lifetime, but the disposal of estates upon the death is strictly subject to faraid and bequest rules. The salient feature of faraid implies …
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The Common European Sales Law (CESL): A Private International Law and Comparative Law Analysis
… research study examines the (in-)effectiveness of the latest EU Private Law initiative on the creation of a Common European Sales Law (CESL). It comprises four parts, which correspond to the most complex and important aspects of the CESL’s novel legal response to the problem of creating a …
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Transnational Due Process and Article V(1)(b) of the New York Convention: Grounding Interpretation and Application of the Due Process Defence in the Public International Law Framework for Treaty Interpretation
… examines the interpretation and application of the due process defence under the New York Convention. It argues that the due process defence under the New York Convention should be interpreted consistently with the interpretative framework set out in the Vienna Convention on the Law of …
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A Vision for the Future of Private International Law in the States of the Gulf Cooperation Council (GCC): Why is it Necessary for the GCC to Move Towards Private International Law Harmonisation?
The Gulf Cooperation Council (GCC), composed of the six States of the Gulf (United Arab Emirates, Kingdom of Bahrain, Kingdom of Saudi Arabia, Sultanate of Oman, State of Qatar and State of Kuwait), is striving to enhance the Gulf’s regional integration in various political, security, economic and …
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Re-evaluating Peacebuilding in the Democratic Republic of Congo: A case study in Dongo
… Peacebuilding in the Democratic Republic of Congo: A case study in Dongo<br /></strong></p> <p>The Democratic Republic of Congo (Congo) is a country rich with natural resources centered in the heart of Africa. Since the colonial era, the country has seen more bloodshed than peace and …
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