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LAW728 Private International Law (Prof. Strong, Spring 2024)

Topics in Private International Law

Resources for finding information on some of the topics within private international law include:

Transnational Litigation:

Principles and Rules of Transnational Civil Procedure, with Commentary (American Law Institute/UNIDROIT): On Lexis. A universal set of procedures intended to transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions. This work strives to reduce uncertainty for parties obliged to litigate in unfamiliar surroundings and promote fairness in judicial judgments. The principles and rules can be used in pleadings, development, and presentation of evidence, legal argument, and tribunal judgments such as arbitration. 

Judicial Assistance and Legal Procedures Abroad:

Travel.state.gov: Legal information for Americans traveling or living abroad, including on citizenship laws, international judicial assistance (jurisdiction, service of process, civil procedure), private international treaties, and international child support enforcement.

European e-Justice Portal: Information on justice systems in EU countries, with topics including family matters and inheritance, money and monetary claims, court procedures, taking legal action, and registers for business and insolvency. The European Judicial Atlas in Civil Matters includes practical information on judicial cooperation, including national information on civil judgments, parental responsibility, serving documents, taking evidence, enforcement, mutual recognition of protection matters, mediation, succession, and public documents. 

JURE (Eur-LEX): Judgments on judicial cooperation and enforcement of judgments in civil and commercial matters from courts of the contracting states of the Lugano Convention (EU member states, Iceland, Norway, Switzerland) and European Union Court of Justice

Foreign Sovereign Immunities Act:

The Foreign Sovereign Immunities Act: A Guide for Judges (Federal Judicial Center 2018)

Contracts and the Convention on Contracts for the International Sale of Goods (CISG):

UNCITRAL CLOUT database. Cases on the CISG and the Model Law on International Arbitration. To search cases, find by country or by article. Some in full-text, some with English language abstracts. Also has digests of caselaw by article.

Pace CISG Database. Includes an annotated treaty by article. Search cases by jurisdiction, terms, arbitral institution, or CISG article. Also has commentaries and law review articles. Database requires setting up a free account.

UNILEX database. International caselaw and bibliography for the CISG and UNIDROIT Principles of International Commercial Contracts. Find cases by date, country, article, issue, or chronological order. There’s also a subject list to find instrument articles and then full-text cases by country.

CISG-Online database. Search for cases, or find commentary and cases by article, jurisdiction, or goods traded. Includes a searchable bibliography on the CISG.

UPICC Model Clauses: Model Clauses for the Use of the UNIDROIT Principles of International Commercial Contracts

Trans-Lex: Principles and rules of transnational commercial law, including international contracts, with commentaries, comparative law references, arbitral awards and court decisions, international and national legislation, and model clauses

International Commercial Arbitration:

See the Emory Law Library Research Guide on International Commercial Arbitration

Kluwer Arbitration:  a searchable database with awards and cases from multiple bodies, with cases including commercial and investment arbitrations. There are filters by rule, institution, seat of arbitration, applicable treaty or law, party nationality, economic sector, case type, and case status. You'll need to set up a WK VitalLaw password to log on. The database also includes an arbitration blog and arbitration news, and books and treatises on investment and commercial arbitration.

Bankruptcy:

See the Emory Law Library Research Guide on Bankruptcy, including the page on Cross-Border Insolvency and Foreign Insolvency Laws

Global Insolvency: An ABI and INSOL International joint project, with bankruptcy news and resource links by country. It includes a database of US Chapter 15 cases. 

Family Law:

Travel.state.gov includes information for U.S. residents on intercountry adoption and international parental child abduction.

International Child Abduction Database: Information on the 1980 Hague Child Abduction Convention, with bilateral arrangements, regional instruments, and caselaw.

International Family Law Desk Book: Law Library K670 .E845 2012 (ABA): Practical information on transnational family litigation.

International Family Law Practice (Westlaw): Chapters on international divorce and child custody, including the Hague Abduction Convention

See the Emory Law Library Research Guide on Adoption Law

Native American Nations:

Narf.org: National Indian Law Library: Resources on Federal Indian Law and tribal law, including tribal courts. Resources include A Guide to Understanding Tribal-State Jurisdiction and the Native American Children & Families Website

Library of Congress: American Indian Law: A Beginner's Guide

 

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