Rethinking Judicial Jurisdiction in Private International Law
Subtitle: Party Autonomy, Categorical Equality and Sovereignty
Edition: First edition.
Series: Studies in Private International Law Ser
Publisher: Bloomsbury Publishing Plc
Published: 2020
Place of publication: London [England]
Language: eng
Number of pages: 271
ISBN-13: 9781509924806; 9781509924790
Subjects: Conflict of laws; Jurisdiction; Private international law & conflict of laws
Description: "This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests. The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules."--
Notes: Abstract freely available; full-text restricted to individual document purchasers.

Also published in print.

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Print version record.
Table of contents: title: V. Jurisdiction in the Absence of Forum Selection (Contract); title: VI. Jurisdiction in the Absence of Forum Selection (Other); title: VII. Limited Exclusive Jurisdiction Overriding Party Autonomy to Maintain Sovereignty.; title: 1. Introduction 2. Reconciliation of Values in Jurisdiction; title: I. The Big Picture; title: II. Summary of Jurisdiction Rules in the EU and Russia; title: PART I PARTY AUTONOMY IN PRIVATE INTERNATIONAL LAW ON JURISDICTION 3. Autonomy as a Foundational Value for Jurisdiction; title: I. Introduction; title: II. Definition of and Justification for Autonomy; title: III. Autonomy as a Proper Foundation for Matters of Private International Law and Jurisdiction; title: IV. Sovereignty: Not a Starting Point for the Law on Jurisdiction; title: 4. Autonomy in the Law on Jurisdiction: Harmony and Controversy; title: I. Linking Theory to Practice; title: II. Party Autonomy ex ante III. Party Autonomy Bordering Other Issues; title: IV. Party Autonomy ex post V. Conclusion; title: PART II PARTY EQUALITY 5. Categorical Equality in the Law on Jurisdiction; title: I. Introduction; title: II. Equality Limiting Party Autonomy: Normative View; title: III. Critical Analysis of Positive Law on Protective Jurisdiction; title: IV. Conclusion; title: 6. Jurisdiction in Tort and Contract in the Absence of Choice of Forum: Balance Exercise; title: I. Introduction; title: II. Jurisdiction in Torts: Interpretation and Justification; title: III. No Choice of Forum in Contract: Jurisdiction at the Place of Performance; title: IV. Conclusion; title: PART III SOVEREIGNTY AND PARTY AUTONOMY 7. Sovereignty and Party Autonomy in Civil and Commercial Jurisdiction; title: I. Introduction; title: II. Extent of International Sovereignty in Private International Law; title: III. Home Sovereignty and its Limited Role in the Law on Jurisdiction; title: IV. Ultimate State Sovereignty: Public Interest; title: 8. Sovereignty and Territoriality in the Law on Jurisdiction; title: I. Defining Domicile for the Purpose of Jurisdiction; title: II. State Sovereign Interests Overriding Party Autonomy to Protect the Integrity of the State; title: III. Conclusion; title: 9. Overall Conclusions and Recommendations; title: I. Jurisdiction by Parties' Agreement ex ante II. Jurisdiction by Parties' Agreement ex post III. Jurisdiction Protecting Categorical Equality; title: IV. Jurisdiction in the Absence of Forum Selection (Tort).