Private International Law in BRICS Convergence, Divergence and Reciprocal Lessons |
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| Editor:
| Jolly, Stellina
Khanderia, Saloni |
| Series edited by:
| Beaumont, Paul |
| Series title: | Studies in Private International Law Ser. |
| ISBN: | 978-1-5099-6614-1 |
| Publication Date: | Aug 2024 |
| Publisher: | Bloomsbury Publishing Plc
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| Imprint: | Hart Publishing |
| Book Format: | Hardback |
| List Price: | AUD $240.00AUD $218.18 |
Book Description:
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This book examines the convergences, divergences, and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China, and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that...
More Description
This book examines the convergences, divergences, and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China, and South Africa) share with one another in developing the principles of private international law.
The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards.
Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession, and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons.
The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers, and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.