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PIL.OT / RESEARCH ARCHIVE

PIL.OT Archive

Research private international law developments by year, topic, legal field and author.

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arbitration · procedure
Academic publicationInternational arbitration lawGlobal

Defining the Indefinable: Practical Problems of Confidentiality in Arbitration

The article by Katie Chung and Michael Hwang, published in the Journal of International Arbitration, reviews international law on confidentiality in arbitration in theory and practice, including national legislation and institutional rules.

Katie Chung · Michael Hwang01 October 2009English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawGlobal

Opinion of the Group of Experts on Trafficking in Human Beings set up by the European Commission: On the Commission Proposal for a Council Framework Decision on preventing trafficking in human beings, and protecting victims, repealing Framework Decision 2002/629/JHA, COM (2009) 136 final

the academic publication “Opinion of the Group of Experts on Trafficking in Human Beings set up by the European Commission: On the Commission Proposal for a Council Framework Decision on preventing trafficking in human beings, and protecting victims, repealing Framework Decision 2002/629/JHA, COM…

Oxford University Press (OUP)25 September 2009English
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contracts · commerce
Academic publicationConflict of lawsGlobal

Towards a Hierarchy of Norms in Transnational Law?

Moritz Renner’s article in the Journal of International Arbitration states that transnational law in international arbitration is based on private contracts and party autonomy.

Moritz Renner01 August 2009English
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procedure · judgments · enforcement
Academic publicationInternational civil procedureUnited States

Territory, Territoriality, and the Resolution of Jurisdictional Conflict

Hannah Buxbaum’s work entitled “Territory, Territoriality, and the Resolution of Jurisdictional Conflict” is a journal article published in the American Journal of Comparative Law.

Hannah Buxbaum01 July 2009English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawUnited Kingdom

The Emperor's New Safe Country Concepts: A UK Perspective on Sacrificing Fairness on the Altar of Efficiency

M. John-Hopkins authored the academic publication “The Emperor's New Safe Country Concepts: A UK Perspective on Sacrificing Fairness on the Altar of Efficiency” in International Journal of Refugee Law, published on 2009-04-20.

M. John-Hopkins20 April 2009English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawGlobal

The Psychology of Seeking Protection

J. Herlihy, S.

J. Herlihy · S. W. Turner06 April 2009English
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aviation · operations
Academic publicationInternational civil aviation lawNetherlands

The Dutch Ticket Tax and Article 15 of the Chicago Convention

Compatibility of the Dutch ticket tax with Article 15 of the Chicago Convention.

Niels van Antwerpen · Brian F. Havel01 April 2009English
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consumer · employment
Academic publicationInternational arbitration lawFrance

Arbitration in Employment Relationships in France

Beatrice Castellane’s article in the Journal of International Arbitration explains that French labour law is designed chiefly to protect employees’ needs and therefore prevails over private agreements.

Beatrice Castellane01 April 2009English
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procedure · judgments · enforcement
Academic publicationInternational civil procedureUluslararasi

Hague Choice of Court Agreements Convention 2005: Background, Negotiations, Analysis and Current Status

Paul Beaumont’s journal article addresses the 2005 Hague Choice of Court Agreements Convention, covering its background, the negotiations, legal analysis and its status at the time of publication. It appeared in the Journal of Private International Law under DOI 10.1080/17536235.2009.11424355.

Paul Beaumont01 April 2009English
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succession
Academic publicationMigration and foreign nationals lawEuropean Union

The Good, the Bad and the Ugly in EU Migration Law: Is the European Parliament Becoming Bad and Ugly? (The Adoption of Directive 2008/15: The Returns Directive)

Diego Acosta's academic work “The Good, the Bad and the Ugly in EU Migration Law: Is the European Parliament Becoming Bad and Ugly? (The Adoption of Directive 2008/15: The Returns Directive)” was published in European Journal of Migration and Law on 2009-03-20.

Diego Acosta20 March 2009English
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migration · return · detention
Academic publicationMigration and foreign nationals lawEuropean Union

The Return and Removal of Irregular Migrants under EU Law: An Analysis of the Returns Directive

The article analyses the Returns Directive, whose adoption was enabled by an agreement between the European Parliament and the Council in June 2008 after protracted negotiations.

Anneliese Baldaccini20 March 2009English
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arbitration · awards
Academic publicationInternational arbitration lawIndia

Public Policy Under the Indian Arbitration Act in Defence of the Indian Supreme Court’s Judgment in ONGC v. Saw Pipes

Sidharth Sharma’s article in the Journal of International Arbitration examines the public-policy ground under the Indian Arbitration Act and the Indian Supreme Court’s judgment in ONGC v. Saw Pipes.

Sidharth Sharma01 February 2009English
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pil · methodology
Academic publicationMigration and foreign nationals lawItaly

The Importance of Being Southern: The Making of Policies of Immigration Control in Italy

Claudia Finotelli; Giuseppe Sciortino authored the academic publication “The Importance of Being Southern: The Making of Policies of Immigration Control in Italy” in European Journal of Migration and Law, published on 2009-01-01.

Claudia Finotelli · Giuseppe Sciortino01 January 2009English
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contracts · commerce
Academic publicationConflict of lawsEuropean Union

The article provides remarks on the law applicable to contractual obligations where the parties have made no choice of…

The article provides remarks on the law applicable to contractual obligations where the parties have made no choice of law, focusing on Article 4 of the Rome I Regulation.

Franco Ferrari01 January 2009Turkish
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migration · return · detention
Academic publicationMigration and foreign nationals lawSpain

Spain, the Cheap Model. Irregularity and Regularisation as Immigration Management Policies

The article traces how Spain’s migration policy was shaped in response to continuous, large-scale and unexpected immigration from 2000 onwards.

Carmen González-Enríquez01 January 2009English
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torts · liability
Academic publicationConflict of lawsGermany

Martin Illmer on 2009-01-01 announced the development entitled “the New European Private International Law of Product…

Martin Illmer on 2009-01-01 announced the development entitled “The New European Private International Law of Product Liability – Steering Through Troubled Waters”. The announcement concerns a development in the context of Germany / Global.

Martin Illmer01 January 2009German
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international · cooperation
Academic publicationConflict of lawsInternational / HCCH

Publication of Guide on Transfrontier Contact Concerning Children

Permanent Bureau on 2008-12-18 announced the development entitled “Publication of Guide on Transfrontier Contact Concerning Children”. The announcement concerns a development in the context of International / HCCH.

Permanent Bureau18 December 2008English
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arbitration · investment
Academic publicationInternational arbitration lawTürkiye

Criticisms of international investment arbitration considered in the Turkish context

The article gathers criticisms directed at arbitration for disputes arising from foreign direct investment.

Sedat Çal01 December 2008Turkish
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arbitration · awards
Academic publicationInternational arbitration lawGermany

This article by Wolfgang Kühn, published in the Journal of International Arbitration, examines German practice…

This article by Wolfgang Kühn, published in the Journal of International Arbitration, examines German practice concerning the recognition and enforcement of foreign arbitral awards under the New York Convention, to which Germany has been a party since 1961.

Wolfgang Kühn01 December 2008Turkish
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arbitration · awards
Academic publicationInternational arbitration lawBelgium, France

Arbitrability, Due Process, and Public Policy Under Article V of the New York Convention Belgian and French Perspectives

Bernard Hanotiau’s article in the Journal of International Arbitration examines the limits of arbitrability, due process and public policy under Article V of the 10 June 1958 New York Convention.

Bernard Hanotiau01 December 2008English
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arbitration · awards
Academic publicationInternational arbitration lawDenmark, Finland, Norway, Sweden

Application of the New York Convention a Report from Denmark, Finland, Norway, and Sweden

The article examines how courts and legislators in Denmark, Finland, Norway, and Sweden interpret arbitrability, procedural due process, and public policy under the New York Convention.

Annette Magnusson01 December 2008English
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arbitration · awards
Academic publicationInternational arbitration lawSwitzerland

Implementing the New York Convention in Switzerland

The article examines the implementation of the 1958 New York Convention in Switzerland.

Elliott Geisinger01 December 2008English
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arbitration · awards
Academic publicationInternational arbitration lawCanada

The Implementation of the New York Convention in Canada

Henri C. Alvarez’s article, published in the Journal of International Arbitration, examines the implementation of the New York Convention in Canada.

Henri C. Alvarez01 December 2008English
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arbitration · awards
Academic publicationInternational arbitration lawAustria and Eastern Europe

Application of the New York Convention in Austria and Eastern Europe

The article examines the interpretation of Article V of the New York Convention in Central and Eastern Europe.

Christoph Liebscher01 December 2008English
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