Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-x5gtn Total loading time: 0 Render date: 2024-06-12T01:02:26.437Z Has data issue: false hasContentIssue false

4 - Theoretical Foundations of Jurisdiction in Private International Law

Published online by Cambridge University Press:  20 October 2022

Filip Šaranović
Affiliation:
Centre for Commercial Law Studies, Queen Mary University of London
Get access

Summary

This chapter examines the extent to which the current jurisdictional preconditions for freezing injunctions are consistent with any theories underpinning the rules of jurisdiction in private international law. As a starting point, it identifies different perspectives on the purpose of private international law and the purpose of jurisdictional rules. The chapter engages in a detailed discussion of the use of the term jurisdiction and its different interpretations in an attempt to eliminate the confusion surrounding the application of private international rules in the context of freezing injunctions. It explores the difference between personal jurisdiction and subject-matter jurisdiction and their respective relevance in extraterritorial freezing injunction cases. The core of the chapter is the emphasis on the link between public international and private international law, drawing upon Mills’ international systemic perspective. The potential significance of the doctrine of comity is taken into consideration.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×