Partly because both originate at the end of the last millennium there are many points at which th... more Partly because both originate at the end of the last millennium there are many points at which they correspond and indeed are simultaneously interdependent. Both contend with localism, statehood, domestic jurisdiction and ideology, albeit in differing ways and at different levels. They profoundly enjoin and variably evolve cogent legal responses to normative extra-legal considerations from political, sociological, philosophical and other cultural contexts that feature prominently in each of their self-validating schemes of things. They are arguably at their most apparent within regional, or other international organisational spheres. They are perceived to entail different, perhaps equivocal, interpretations depending on the observer's standpoint sometimes rather like the proverbial elephant and the six blind men. Both involve the question of how formally to surmount structural limitations which exist in the area ot justiciability. Each makes fundamental claims to attributes and ...
Part 1 Introduction. Background: localization, characterization, substance and procedure some cog... more Part 1 Introduction. Background: localization, characterization, substance and procedure some cognate matters - limitation, evidence classifications of relief scope and perspective of a book on conflicts relief comparative law dimensions structure and composition of the book. Part 2 Remedialist theory and policy - exploring single bright line logic. Forum policy: the ultimate local form and the transnational context. Forum policy: procedural justiciability in the conflict of laws - the remedial dimensions convenience (as practicability) in remedial adjudication rational or judicial justice efficience - minimizing procedural conflicts legal mandation, public policy, state interest. Applicable remedial law: where are we now? Barings - a case study the facts and the contentions the issues - "proper law", "remedy" the decision and its consequences and implications a(n interim) conclusion - the problem. Enforcing non-"self-executing" remedies: enforcement, e...
Contemporary transnational litigation of any real consequence for the prospects of its broader fr... more Contemporary transnational litigation of any real consequence for the prospects of its broader framework will not likely exclude the matter of 'propriety' as is defined and identified in the objectively ascertained considerations that will invariably serve the forum's determination of a question arising, be it jurisdictional or substantive.
The impact of globalisation on human rights by Olusoji Elias Olusoji Elias considers the latent i... more The impact of globalisation on human rights by Olusoji Elias Olusoji Elias considers the latent interrelationship between two of the most significant and challenging legal issues confronting human society today. I t should probably not be much of a surprise that the concurrent, but discrete, phenomena of globalisation and human rights, as they may be considered as pervasive legal topics of some considerable priority, have in various ways and from different perspectives produced quite a burgeoning corral of legal and related literature, as any bibliographical catalogue inspection will confirm. This article seeks to explore and explain the interrelationship between these themes, in order to show how it is that intersections between them are primed, in a pluralistic context and attitude, to be of much significance in the shaping of their worthwhile development.
The leading opinion of Lord Goff in Airbus Industrie GIE v Patel [ 1999] AC 1 19 ('Airbus') state... more The leading opinion of Lord Goff in Airbus Industrie GIE v Patel [ 1999] AC 1 19 ('Airbus') states the law on transnational antisuit injunctions as it stands today, complete with the bonus of a given set of facts. Although his Lordship's opinion distinguished the 'alternative forum' (as distinct from 'single forum') circumstances in to case, his clarification of the law, to which the other members of the House acceded, makes it unlikely that the law can foreseeably be radically different. It is particularly edifying to study the decision because of the practical importance of antisuit injunctions in transnational litigation. They are not part of the expressed scheme of the Brussels Convention, as was made clear by the European Court of Justice in Overseas Union Insurance Ltd v New Hampshire Insurance Ltd Case C-351/89 [1991] ECR 1-3317 at p. 3350, para. 23; [1992] QB 434 (but see the subsequent Court of Appeal decision in Continental Bank NA v Aeakos Campania Naviera SA [ 1994] 1 WLR 588 concerning parallel proceedings in England and Greece, where an injunction based on vexation and oppression was, in fact, granted to restrain the foreign ' O O proceedings), nor are they entirely exceptional (Tracomin SA v Sudan Oil Seeds Co Ltd (No. 2) [1983] 1 WLR 662). The availability of such suits must involve some measure of intervention in the relevant foreign jurisdiction.
... To summarize, Gbolahan Elias gave the first talk, about foreign investment law in pre-democra... more ... To summarize, Gbolahan Elias gave the first talk, about foreign investment law in pre-democratic Nigeria, and identified areas in ... See also M. Bagheri, Conflicts of Economic Regulation in Private International Arbitration (London, Kluwer, forthcoming), which may be particularly ...
Taslim Olawale Elias's intellectual and juristic legacy remains unparalleled in many material... more Taslim Olawale Elias's intellectual and juristic legacy remains unparalleled in many material respects. He left a remarkable body of work, as an African legal scholar in London in the years between the late 1940s and Nigerian independence, as a legal administrator while he served as Nigeria's first Attorney General and Minister for Justice, among his achievements as the dean of the new faculty of law at the University of Lagos, and as a national and international judge. Born on 11 November 1914 in Lagos, Nigeria, into a family of merchants, he began formal schooling at the age of 12, a fact that was greatly overshadowed by a prodigious academic performance and by the plethora of distinctions and accolades (including sixteen honorary degrees in four continents and a host of national and international honours) that he would acquire during his indefatigable study and practice of the law, and in his contributions to its evolution.
Partly because both originate at the end of the last millennium there are many points at which th... more Partly because both originate at the end of the last millennium there are many points at which they correspond and indeed are simultaneously interdependent. Both contend with localism, statehood, domestic jurisdiction and ideology, albeit in differing ways and at different levels. They profoundly enjoin and variably evolve cogent legal responses to normative extra-legal considerations from political, sociological, philosophical and other cultural contexts that feature prominently in each of their self-validating schemes of things. They are arguably at their most apparent within regional, or other international organisational spheres. They are perceived to entail different, perhaps equivocal, interpretations depending on the observer's standpoint sometimes rather like the proverbial elephant and the six blind men. Both involve the question of how formally to surmount structural limitations which exist in the area ot justiciability. Each makes fundamental claims to attributes and ...
Part 1 Introduction. Background: localization, characterization, substance and procedure some cog... more Part 1 Introduction. Background: localization, characterization, substance and procedure some cognate matters - limitation, evidence classifications of relief scope and perspective of a book on conflicts relief comparative law dimensions structure and composition of the book. Part 2 Remedialist theory and policy - exploring single bright line logic. Forum policy: the ultimate local form and the transnational context. Forum policy: procedural justiciability in the conflict of laws - the remedial dimensions convenience (as practicability) in remedial adjudication rational or judicial justice efficience - minimizing procedural conflicts legal mandation, public policy, state interest. Applicable remedial law: where are we now? Barings - a case study the facts and the contentions the issues - "proper law", "remedy" the decision and its consequences and implications a(n interim) conclusion - the problem. Enforcing non-"self-executing" remedies: enforcement, e...
Contemporary transnational litigation of any real consequence for the prospects of its broader fr... more Contemporary transnational litigation of any real consequence for the prospects of its broader framework will not likely exclude the matter of 'propriety' as is defined and identified in the objectively ascertained considerations that will invariably serve the forum's determination of a question arising, be it jurisdictional or substantive.
The impact of globalisation on human rights by Olusoji Elias Olusoji Elias considers the latent i... more The impact of globalisation on human rights by Olusoji Elias Olusoji Elias considers the latent interrelationship between two of the most significant and challenging legal issues confronting human society today. I t should probably not be much of a surprise that the concurrent, but discrete, phenomena of globalisation and human rights, as they may be considered as pervasive legal topics of some considerable priority, have in various ways and from different perspectives produced quite a burgeoning corral of legal and related literature, as any bibliographical catalogue inspection will confirm. This article seeks to explore and explain the interrelationship between these themes, in order to show how it is that intersections between them are primed, in a pluralistic context and attitude, to be of much significance in the shaping of their worthwhile development.
The leading opinion of Lord Goff in Airbus Industrie GIE v Patel [ 1999] AC 1 19 ('Airbus') state... more The leading opinion of Lord Goff in Airbus Industrie GIE v Patel [ 1999] AC 1 19 ('Airbus') states the law on transnational antisuit injunctions as it stands today, complete with the bonus of a given set of facts. Although his Lordship's opinion distinguished the 'alternative forum' (as distinct from 'single forum') circumstances in to case, his clarification of the law, to which the other members of the House acceded, makes it unlikely that the law can foreseeably be radically different. It is particularly edifying to study the decision because of the practical importance of antisuit injunctions in transnational litigation. They are not part of the expressed scheme of the Brussels Convention, as was made clear by the European Court of Justice in Overseas Union Insurance Ltd v New Hampshire Insurance Ltd Case C-351/89 [1991] ECR 1-3317 at p. 3350, para. 23; [1992] QB 434 (but see the subsequent Court of Appeal decision in Continental Bank NA v Aeakos Campania Naviera SA [ 1994] 1 WLR 588 concerning parallel proceedings in England and Greece, where an injunction based on vexation and oppression was, in fact, granted to restrain the foreign ' O O proceedings), nor are they entirely exceptional (Tracomin SA v Sudan Oil Seeds Co Ltd (No. 2) [1983] 1 WLR 662). The availability of such suits must involve some measure of intervention in the relevant foreign jurisdiction.
... To summarize, Gbolahan Elias gave the first talk, about foreign investment law in pre-democra... more ... To summarize, Gbolahan Elias gave the first talk, about foreign investment law in pre-democratic Nigeria, and identified areas in ... See also M. Bagheri, Conflicts of Economic Regulation in Private International Arbitration (London, Kluwer, forthcoming), which may be particularly ...
Taslim Olawale Elias's intellectual and juristic legacy remains unparalleled in many material... more Taslim Olawale Elias's intellectual and juristic legacy remains unparalleled in many material respects. He left a remarkable body of work, as an African legal scholar in London in the years between the late 1940s and Nigerian independence, as a legal administrator while he served as Nigeria's first Attorney General and Minister for Justice, among his achievements as the dean of the new faculty of law at the University of Lagos, and as a national and international judge. Born on 11 November 1914 in Lagos, Nigeria, into a family of merchants, he began formal schooling at the age of 12, a fact that was greatly overshadowed by a prodigious academic performance and by the plethora of distinctions and accolades (including sixteen honorary degrees in four continents and a host of national and international honours) that he would acquire during his indefatigable study and practice of the law, and in his contributions to its evolution.
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