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2016
AbstractThis chapter examines the contents of Arts. 3-6 EIR in order to answer the following questions: which Member States have international jurisdiction; has the seized court a power and a duty to examine jurisdiction; might a creditor challenge this choice; does the jurisdiction of the seized court extend to so-called connected actions, i.e.
Reinhard Bork, Renato Mangano
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AbstractThis chapter examines the contents of Arts. 3-6 EIR in order to answer the following questions: which Member States have international jurisdiction; has the seized court a power and a duty to examine jurisdiction; might a creditor challenge this choice; does the jurisdiction of the seized court extend to so-called connected actions, i.e.
Reinhard Bork, Renato Mangano
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2018
The international jurisdiction of the Court shall be established in accordance with Regulation (EU) No 1215/2012 or, where applicable, on the basis of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Lugano Convention).
Winfried Tilmann, Tilmann Büttner
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The international jurisdiction of the Court shall be established in accordance with Regulation (EU) No 1215/2012 or, where applicable, on the basis of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Lugano Convention).
Winfried Tilmann, Tilmann Büttner
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International Criminal Jurisdiction
2022Abstract As crime across borders grows, so does the importance of national authority to define acts of outsiders as criminal and to prosecute those who commit those acts; the importance of international authority to define crimes against the international community grows as well.
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International arbitral jurisdiction
2009Among the several reasons that contribute to the success of international commercial arbitration is the maximization of party autonomy and the minimization of court interventions in arbitration. This paper considers international arbitral jurisdiction in view of party autonomy and court interventions.
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SSRN Electronic Journal, 2006
A number of recent decisions issued by the International Centre for the Settlement of Investment Disputes (ICSID), which address jurisdictional interactions between national and international proceedings, have sparked renewed interest in the possibility of identifying jurisdictional overlaps between the two groups of judicial bodies.
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A number of recent decisions issued by the International Centre for the Settlement of Investment Disputes (ICSID), which address jurisdictional interactions between national and international proceedings, have sparked renewed interest in the possibility of identifying jurisdictional overlaps between the two groups of judicial bodies.
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International Criminal Jurisdiction
2000Abstract The idea of establishing an international criminal court is not new, but it has been slow to gather sufficient momentum to turn the ideal into a reality. In 1872 a proposal was made, but not acted upon, for the establishment of such a court to bring to justice any person responsible for violations of the 1864 Geneva Convention ...
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International Criminal Jurisdiction
2019Abstract This chapter examines the theoretical foundations and the genealogy of international criminal jurisdiction in international law. While it is clear that international criminal jurisdiction cuts into national jurisdiction to a certain extent, the question concerning the proper foundation of international criminal jurisdiction ...
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Broadening International Criminal Jurisdiction?
International Human Rights Law Review, 2015The interests of justice are embedded in Article 53 (1) of the Rome Statute of the International Criminal Court (Rome Statute). They give the Prosecutor the right to decline to initiate an investigation or suspend a prosecution. In these cases, the interests of justice act as a basis for the Prosecutor to refrain from any action.
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International Terrorism and International Criminal Jurisdiction
American Journal of International Law, 1973When the League of Nations, following the assassination of King Alexander I of Yugoslavia and French Prime Minister Louis Barthou, took up in 1934 the question of defining more precisely the rules of international law concerning the repression of terrorist activity, its committee of experts drew up and a conference adopted on November 16, 1937 two ...
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Antitrust Jurisdiction under Customary International Law
American Journal of International Law, 1984When, on October 24, 1983, the U.S. District Court for the Northern District of California handed down its decision in Timberlane Lumber Co. v. Bank of America and denied U.S. jurisdiction out of regard for the Honduran “system of justice,” there may have been some surprise that the case was still pending.
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