Reassessing the approach to jurisdiction in civil and commercial matters: Party autonomy, categorical equality and sovereignty
Journal: Arrow@dit (Dublin Institute of Technology)
Year: 2018

The subject of conflict of laws and the topic of judicial jurisdiction in particular are \nnot often theorised about. This work aims to contribute to the scholarship in the area \nby offering a revised look on values behind a jurisdiction regime. The findings \ndemonstrate that re-conceptualisation of justification for judicial jurisdiction is needed. \nRather than deriving from the territorial power of the states, determination of jurisdiction \nin international matters ought to be driven by pa