Showing papers in "International and Comparative Law Quarterly in 1978"

The European Court and the Brussels Convention on Jurisdiction and Judgments

Abstract: IN October 1976 the European Court in Luxembourg gave judgment in the first cases involving the Brussels Convention on Jurisdiction and Recognition and Enforcement of Judgments.1 After the entry into force of the Protocol to the Convention on Interpretation by the Court of Justice,2 decisions by the Court were eagerly awaited. So far the Convention, which imposes uniform solutions, has had a considerable impact on municipal conflict systems, and difficulties in its interpretation and application by municipal courts could easily be foreseen. The decisions of the European Court in preliminary rulings on the interpretation of the Convention constitute, therefore, an essential instrument for the achievement of uniformity in its application in EEC member countries.

Floating Charges, Receivers and Managers and the Conflict of Laws

Abstract: THE increasing internationalisation of finance and business, coupled with the effects of economic recession, has made international insolvency law of great practical importance. In particular it has made the peculiarly English institution of the receiver and manager under a floating charge an international figure, both in his native guise and in the similar forms in the Commonwealth, and in particular in Canada and Australia. It is the purpose of this contribution to indicate some of the problems to which the institution of the floating charge and the position of a receiver and manager appointed under such a charge give rise in international transactions.1

The Relevance of United Nations Decisions in Domestic Litigation

Abstract: DOMESTIC courts are increasingly seized of lawsuits involving important questions of public international law. It is therefore not surprising that there is also a growing number of cases in which decisions of United Nations organs have been invoked in domestic litigation. Apart from recommendations spelling out general standards of internationally relevant behaviour1 and from judicial decisions, especially of the International Court of Justice,2 courts are also confronted with operative decisions of political United Nations organs. These operative decisions on specific international questions have posed particular problems for domestic courts, which shall be examined in this paper.