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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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392 results

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comparative law×Clear all
migration · return · detention
Academic publicationMigration and foreign nationals lawTürkiye

Alternatives to Immigration Detention in Comparative Law and International Law

The article examines alternatives to immigration detention in international and comparative law, focusing on how such measures can be understood as restrictions on migrants’ fundamental rights and freedoms that are less severe than administrative detention.

Meltem İneli Ciğer01 December 2020Turkish
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawSouth America

South America’s Response to the Venezuelan Exodus: A Spirit of Regional Cooperation?

Javier Ochoa’s article examines South American States’ response to the Venezuelan exodus.

Javier Ochoa01 October 2020English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawUnited States, Australia

Hyper-Legalism and Obfuscation: How States Evade Their International Obligations Towards Refugees

Daniel Ghezelbash’s article considers how wealthy democratic states evade their international obligations towards refugees and sets out two principal methods: hyper-legalism, an overly formalistic and bad-faith way of interpreting international law, and obfuscation, which works through secrecy…

Daniel Ghezelbash01 September 2020English
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contracts · commerce
Academic publicationConflict of lawsHindistan

Practice does not make perfect: Rethinking the doctrine of “the proper law of the contract” – A case for the Indian courts

Saloni Khanderia's academic work “Practice does not make perfect: Rethinking the doctrine of “the proper law of the contract” – A case for the Indian courts” was published in Journal of Private International Law on 2020-09-01.

Saloni Khanderia01 September 2020English
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property · cultural · assets
Academic publicationConflict of lawsNetherlands

Whose Cultural Objects? Introducing Heritage Title for Cross-Border Cultural Property Claims

The article examines the continued looting, smuggling and trade in cultural objects and the treatment of such objects, once located in a new country, under ownership rules and the private-law regime of that country.

Evelien Campfens27 August 2020English
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pil · methodology
Academic publicationMigration and foreign nationals lawChina

Economic Development through Migration: Facilitating Skilled Migration to China through the Belt and Road Initiative

Eva L. Richter’s article addresses the legal and cooperative mechanisms that facilitate skilled migration to China under the Belt and Road Initiative.

Eva L Richter25 August 2020English
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succession
Academic publicationConflict of lawsChina

Global PPPs and the Choice of Law Challenge

The article examines public-private partnerships as an important legal structure for delivering infrastructure services under the Belt and Road Initiative, focusing on challenges of risk management and governance.

Yock Lin Tan21 May 2020English
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ip · data · digital
Academic publicationConflict of lawsChina

The Treaty as to Commercial Relations of 1903: China and Extraterritoriality

Raphaëlle P Soffe authored the academic publication “The Treaty as to Commercial Relations of 1903: China and Extraterritoriality” in The Chinese Journal of Comparative Law, published on 2020-05-21. The publication forms part of the private-international-law literature concerning China.

Raphaëlle P Soffe21 May 2020English
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pil · methodology
Academic publicationNationality lawUnited Kingdom

Passports, the Right to Travel, and National Security in the Commonwealth

Paul F. Scott’s article compares the development of the law governing the use of passports as an instrument of national security in the United Kingdom, Canada, Australia and New Zealand.

Paul F. Scott01 April 2020English
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ip · data · digital
Academic publicationInternational arbitration lawEgypt

International Investment Agreements and National Governance: The Case of Egypt

The article by Reem Anwar Ahmed Raslan, published in Arab Law Quarterly, examines the interaction between international investment agreements and Egypt’s legal regime as a host country.

Reem Anwar Ahmed Raslan16 March 2020English
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arbitration · awards
Academic publicationInternational arbitration lawTürkiye

Limits of Party-Autonomy in Annulment Proceedings in Commercial Arbitration

The article examines the limits of party autonomy at the annulment stage in international commercial arbitration.

Özlem Candeldek Akın05 March 2020Turkish
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succession
Academic publicationMigration and foreign nationals lawEuropean Union

No Solidarity without Loyalty: Why Do Member States Violate EU Migration and Asylum Law and What Can Be Done?

The article examines Member States' infringements of EU migration and asylum law as violations of the principle of inter-state solidarity and discusses the reasons for those infringements.

Iris Goldner Lang26 February 2020English
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family · marriage
Academic publicationConflict of lawsTürkiye

Validity of Child Marriages of Syrians Under Temporary Protection in Comparative and Turkish Law

The article addresses the legal aspects of child marriages contracted by Syrians under temporary protection in Turkey.

Ayşe Elif Ulusu Karataş12 February 2020Turkish
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pil · methodology
Academic publicationConflict of lawsGlobal

Regulation, global governance and private international law: Squaring the triangle

Matthias Lehmann authored the academic publication “Regulation, global governance and private international law: squaring the triangle” in Journal of Private International Law, published on 2020-01-02. The publication forms part of the private-international-law literature concerning Global.

Matthias Lehmann02 January 2020English
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aviation · aircraft · finance
Academic publicationInternational civil aviation lawTürkiye

General Principles for Creation of an “International Interest” in an Aircraft Object within Frame of Cape Town Convention

The article states that the Cape Town Convention, which entered into force in 2006, sets out principles for creating an international interest in aircraft objects.

Melda Taşkın01 December 2019English
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succession
Academic publicationInternational arbitration lawGlobal

Artificial Intelligence and Legal Decision-Making: The Wide Open?

Maxi Scherer’s article, published in the Journal of International Arbitration, examines the use of artificial intelligence in arbitral or judicial decision-making, including its technical aspects, practical limitations, and methodological and theoretical implications.

Maxi Scherer01 September 2019English
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arbitration · procedure
Academic publicationInternational arbitration lawSwitzerland

This article by Serpil Işik was published in Inönü Üniversitesi Hukuk Fakültesi Dergisi, volume 10 issue 2, and is…

This article by Serpil Işik was published in Inönü Üniversitesi Hukuk Fakültesi Dergisi, volume 10 issue 2, and is dated 16 July 2019.

Serpil Işık16 July 2019Turkish
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arbitration · investment
Academic publicationInternational arbitration lawMorocco, Nigeria

Human Rights in International Investment Law: The 2016 Morocco–Nigeria Bilateral Investment Treaty

Niccolò Zugliani’s article, published in the International and Comparative Law Quarterly, examines the 2016 Morocco–Nigeria bilateral investment treaty.

Niccolò Zugliani23 May 2019English
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succession
Academic publicationInternational civil procedureTürkiye

Gizem Ersen Perçin and Dilara Baytaroğlu’s study examines the recognition and enforcement of foreign court decisions…

Gizem Ersen Perçin and Dilara Baytaroğlu’s study examines the recognition and enforcement of foreign court decisions in Türkiye under Articles 50 to 60 of the Turkish Code on Private International Law and International Procedural Law.

Gizem Ersen Perçin · Dilara Baytaroglu15 April 2019English
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migration · residence · family
Academic publicationNationality lawTürkiye

The article examines the rights under Article 28 of the Turkish Citizenship Law of persons who were Turkish citizens…

The article examines the rights under Article 28 of the Turkish Citizenship Law of persons who were Turkish citizens by birth but lost Turkish citizenship by obtaining a renunciation permit, and of their descendants up to the third degree.

Elif Hande Altıntaş20 March 2019Turkish
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arbitration · investment
Academic publicationInternational arbitration lawGlobal / investment law

Amicus Curiae Participation in Investment Arbitration

Participation of amicus curiae third parties in investment arbitration proceedings

Gary Born · Stephanie Forrest01 January 2019English
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arbitration · investment
Academic publicationInternational arbitration lawGlobal / Investment law

Defining a State-Owned Enterprise in International Investment Agreements

Mark McLaughlin's article proposes a unified conceptual framework for defining state-owned enterprises in international investment law.

Mark McLaughlin01 January 2019English
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arbitration · investment
Academic publicationInternational arbitration lawGlobal / Arab States

The 2013 Amendments to the Arab Investment Agreement

Amr Arafa Hasaan’s article, published in ICSID Review - Foreign Investment Law Journal, examines the 2013 amendments to the Unified Agreement for the Investment of Arab Capital in the Arab States.

Amr Arafa Hasaan01 January 2019English
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torts · liability
Academic publicationInternational civil aviation lawUnited States

Technological Solutions to Human Error and How They Can Kill You: Understanding the Boeing 737 Max Products Liability Litigation

W. Bradley Wendel authored the academic publication “Technological Solutions to Human Error and How They Can Kill You: Understanding the Boeing 737 Max Products Liability Litigation” in Journal of Air Law and Commerce, published on 2019-01-01.

W. Bradley Wendel01 January 2019English
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