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KU Leuven (2)


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book (2)


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English (2)


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2021 (2)

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Book
Forum Shopping Despite Unification of Law
Author:
ISBN: 9789004502925 9789004502918 Year: 2021 Publisher: Leiden; Boston : Brill | Nijhoff

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Abstract

According to some commentators, forum shopping is an "evil" that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.


Book
Responsibility to Ensure : Sponsoring States' Environmental Legislation for Deep Seabed Mining and China's Practice
Author:
ISBN: 9789004472341 9789004472334 Year: 2021 Publisher: Leiden; Boston : Brill | Nijhoff

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Abstract

"In this book, the author highlights and analyzes the sponsoring State's primary responsibility, that is ensuring its sponsored contractors' compliance with environmental obligations under the UNCLOS and related legal instruments by enacting national legislation"--

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