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Jurisdiction in civil and commercial matters in the usa and eu : = a comparative study from the perspective of legal tradition and fundamental approach in search of a global jurisdiction and judgements convention.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Jurisdiction in civil and commercial matters in the usa and eu :/
其他題名:	a comparative study from the perspective of legal tradition and fundamental approach in search of a global jurisdiction and judgements convention.
作者:	Tu, Guangjian.
面頁冊數:	1 online resource (464 pages)
附註:	Source: Dissertations Abstracts International, Volume: 70-12, Section: C.
Contained By:	Dissertations Abstracts International70-12C.
標題:	Law. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=U226593click for full text (PQDT)
ISBN:	9781073291427

Jurisdiction in civil and commercial matters in the usa and eu : = a comparative study from the perspective of legal tradition and fundamental approach in search of a global jurisdiction and judgements convention.
Tu, Guangjian.

Jurisdiction in civil and commercial matters in the usa and eu :a comparative study from the perspective of legal tradition and fundamental approach in search of a global jurisdiction and judgements convention. - 1 online resource (464 pages)

Source: Dissertations Abstracts International, Volume: 70-12, Section: C.

Thesis (Ph.D.)--University of Aberdeen (United Kingdom), 2006.

Includes bibliographical references

This research was done against the background of the failure of the Hague negotiations for a 'broad' global jurisdiction and judgements convention. Two of the most important jurisdiction issues upon which the two main players (the U.S. and EU) disagreed with each other were chosen to be studied i.e. the issue of whether a jurisdiction system should be one composed of loose jurisdiction rules, or one composed of predictable hard-and-fast rules with no discretion given to judges and the issue of what nexus should be qualified for general jurisdiction, to what extent such a nexus should be relied on and what nexus is the proper one for special (specific) jurisdiction regarding commercial contract and tort cases. The aim of this research is to seek the ideal models dealing with the two issues. Chapters Two and Three critically examine the jurisdiction scheme in the U.S.A. and EU (under the Brussels regime) with particular attentions being draws to the two issues. Chapters Four and Five bring the two systems together to make a comparison from the perspective of legal tradition and fundamental approach between them, assess and reflect upon the different approaches in the two systems, and find that as far as the first issue is concerned, an ideal personal jurisdiction system should adopt a predictable-rule-based approach with moderate discretion being given to judges: as far as the second issue is concerned, the ideal model is that general jurisdiction should be only based on the habitual residence of the defendant, special (specific) jurisdiction regarding commercial contract and tort cases should be based on the nexus between the dispute and the forum and general jurisdiction should stand at the equal footing with special (specific) jurisdiction. Chapter Six examines what had actually happened to the two issues at The Hague and analyses whether the ideal models should and could be accepted by the two sides if they have a 'third' chance.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2023

Mode of access: World Wide Web

ISBN: 9781073291427Subjects--Topical Terms:

600858
Law.
Subjects--Index Terms:

JurisdictionIndex Terms--Genre/Form:

542853
Electronic books.

Jurisdiction in civil and commercial matters in the usa and eu : = a comparative study from the perspective of legal tradition and fundamental approach in search of a global jurisdiction and judgements convention.
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