When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure.
Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.
Rezensionen / Stimmen
Garnett's text is fine fare for those who toil in the vineyard of Private International Law. In fact, it has much to offer to anyone interested in the foundations and implications of distinctions that inform the practice of the law in international cases. * Christa Roodt, The Edinburgh Law Review * By presenting an accurate and intelligible analysis of the substance/procedure distinction in the area of private international law, this work provides an excellent guide for Commonwealth lawyers advising their clients on a broad range of issues. No lawyer who has carefully reviewed Professor Garnett's book will be left with any unanswered questions.For this, private international law scholarship owes much to Garnett for such a wonderfully detailed and comprehensive work. * Sagi Peari, Melbourne Journal of International Law * Substance and Procedure in Private International Law is a major accomplishment. Its stated aim is to provide scholars and practitioners with clear guidance not only as to the current state of the law but also as to how it may develop and be applied in future cases.42 It achieves this aim admirably, striking a sophisticated balance between detailed description, incisive analysis, well-informed criticism, and sensible proposals for the refinement and improvement of the law. This combination makes this book a valuable resource to lawyers engaged in and interested in the study of cross-border litigation. The book will be of particular interest to practising lawyers in Commonwealth jurisdictions, and is especially recommended to Australian lawyers, given its comprehensive coverage of the Australian law. * Sydney Law Review * A welcome and timely treatise ... Professor Garnett's book goes a good long way towards minding the gap and suggesting what may fill it: both by what it does, but also by the responses it ought to stimulate in others who will realise that though the formal strength of the common law is the doctrine of precedent, it derives its rational strength from debate. Professor Garnett has defined his position, well and truly. We are very much better off as a result. * Adrian Briggs, Lloyd's Maritime and Commercial Law Quarterly (633) * This book is an invaluable addition to the library of any private international law scholar. For the practitioner, it offers a thorough analysis of the law as it stands in a number of jurisdictions and provides incisive analysis of trends for future legal development. For the academic, it provides a framework for an area of private international law which has been, and remains, bedevilled by difficulty. In time, one suspects that Professor Garnett's work will come to shape the development of the law and will help to secure the coherence in this area to which his work is directed. * . Dr Albert Dinelli, Ninian Stephen Chambers * Quite simply, this is the most extended discussion of a seminal topic in the conflict of laws to be found anywhere in the common law world. It is an internationally significant work of great erudition and insight, written with a clarity that is worthy of acclamation. * Andrew Bell SC, Australian Law Journal * There can be little doubt that it is the only book that presently offers a proper and comprehensive examination of the question of whether and, more importantly, why, something should be considered substantive or procedural ... It is certain that it will remain relevant and influential for a long time to come. * Donald K Anton, Netherlands International Law Review *
Reihe
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Practitioners and academics specializing in private international law and the conflict of laws.
Maße
Höhe: 240 mm
Breite: 161 mm
Dicke: 29 mm
Gewicht
ISBN-13
978-0-19-953279-7 (9780199532797)
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Schweitzer Klassifikation
Richard Garnett is a Professor of Law at the University of Melbourne and is a national consultant to Freehills Solicitors in Australia. He regularly advises on cross-border litigation and arbitration matters and has written extensively in these fields, with his work cited by European, North American and Australian courts. He has been admitted as a barrister and solicitor in Victoria, a solicitor in New South Wales and a solicitor in England and Wales. He holds degrees in law from the University of New South Wales and Harvard Law School.
Autor*in
National Consultant, Freehills Solicitors, Australia, and Professor of Law, University of Melbourne
1. Introduction ; 2. The Substance and Procedure Distinction: Origins, Rationale, and Definition ; 3. Characterization, Alternative Methods of Forum Reference, and Harmonization ; 4. Service and Jurisdiction ; 5. Parties to Litigation ; 6. Judicial Administration ; 7. Evidence I: General Principles ; 8. Evidence II: Taking Evidence Abroad, Privilege, and Other Bars on Disclosure ; 9. Statutes of Limitation ; 10. Remedies I: General Principles, Non-Monetary Relief, and Statutory Restrictions ; 11. Remedies II: Damages and Statutory Compensation ; 12. Conclusion
