The thesis deals with the rules governing questions of jurisdiction and choice of law on the Internet. First, European Union law will be presented followed by the law of England and that of Germany. Second, the law of the United States and that of the two Canadian provinces of Ontario and Quebec will be discussed. / While business-to-business contracts will easily retain the biggest volume share of international trade, the number of international business-to-individuals contracts will increase manifold thanks to the Internet. It is therefore important to take into account what impact consumer protection rules have on the private international law of contracts on the Internet. / In this paper, relevant law of North American and European jurisdictions will be examined with regards to issues of contract formation, choice of jurisdiction and choice of law. On the basis of the findings, the thesis will finish with some suggestions as to what commercial entities have to pay attention to when they want to sell on the Internet. (Abstract shortened by UMI.)

No description available.

Abstract not available

Pas de résumé / Doctorat en droit / info:eu-repo/semantics/nonPublished

LL.M. (International Commercial Law) / This dissertation concerns a comparative analysis of Brazilian, Indian and South African private international law principles on the exercise of jurisdiction in international civil and commercial cases. The intention is to uncover the fundamental grounds of jurisdiction in these legal systems and in doing so draw attention to their comparable characteristics. Emphasis is placed on matters of a commercial nature. Furthermore, a discussion of the Hague Convention on Choice of Court Agreements provides insight on the Convention’s purpose and its possible influence on and implications for jurisdictional rules found in the private international law of the IBSA countries should they become members to the Convention.

This study addresses the modern influence of maritime law on air law. In order to demonstrate that the influence still exists, at least in respect of conflicts of jurisdiction, a comparative analysis of the responsibility of the carriers of goods will be carried out in the light of international conventions. / The thesis will consider the new evolution of maritime law, which today, in many aspects, follows air law. It will become clear that both systems face the same difficulties. In particular, the multiplication of international conventions has weakened the aim of uniformity by admitting different regimes of the carriers' liability. Once the causes of conflicts of jurisdiction have been identified, the thesis will analyze how the conventions attempt to solve those conflicts. The use of forum shopping by the parties and the use of forum non conveniens by the courts, reveals that present international solutions are not satisfactory. The practice in maritime law is to consider a conflict prior to its existence and to permit jurisdiction as well as arbitration clauses. While the former clauses are forbidden in air law, arbitration clauses, although accepted in various international air conventions, have never been used until recently in air law, and only in respect of the financing of major projects. / It is therefore possible to believe today, that the maritime approach can and will be followed in respect of conflicts of carriage of goods by air, thus proving that maritime law does still influence the evolution of air law.

No description available.

No description available.

University of Macau / Faculty of Law

LL.M. (International Commercial Law) / Legal judgements against unsuccessful defendants are handed down around the world on a daily basis, but their enforcement can become a complicated matter when the enforcement of the judgement must occur outside the territorial boundaries of the state from which it emanates. The purpose of this paper is to determine the enforceability of judgements of the European courts whereby the jurisdiction of the court was determined in terms of Brussels I. This paper begins with an in-depth discussion of the principles of recognition and enforcement of foreign judgements and the purpose it serves within the context of private international law. The second chapter discusses recognition and enforcement of foreign judgements in South Africa. The requirements and the criteria necessary to fulfil such requirements will be discussed under this heading. The third chapter considers the various grounds of jurisdiction available to the plaintiff in approaching a court of a European Union State. Each ground will be followed by a discussion on the enforceability of a judgement, founded on such a ground of jurisdiction, in terms of the South African principles of recognition and enforcements of foreign judgements and whether the requirements discussed in the preceding chapter have been met. Chapter 4 provides concluding remarks relating to the matters discussed in the body of this paper.