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A Comparative Study of International Civil Procedure Jurisdiction

Author: ZhangXuDong
Tutor: MaChengYuan
School: China University of Political Science
Course: International Law
Keywords: International Civil Litigation Jurisdiction Jurisdiction based on
CLC: D997.3
Type: Master's thesis
Year: 2006
Downloads: 612
Quote: 2
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Abstract


In today's era, due to the impact of economic globalization and the international market, the international civil and commercial activities occurring on a large scale. But because of the difference of the conflict between the interests of the parties and the social environment, historical background and cultural traditions, it is easy to generate international civil and commercial disputes. Better ways of settlement of international civil and commercial disputes is the International Civil Procedure. First faced in international civil litigation and must be addressed is the International Civil Procedure Jurisdiction. Currently, the international community is not a unified international civil litigation law countries on how to determine the international civil jurisdiction of the same, even there is a great difference. Therefore necessary to study and compare the countries of the International Civil Procedure Jurisdiction System Improvement of the International Civil Procedure Jurisdiction System is not without benefits. This paper introduces and analyzes the current major international civil jurisdiction, summarizes the main characteristics of the international civil jurisdiction, international civil jurisdiction of the jurisdiction of the International Civil Litigation in China right system, pointing out its advantages and defects, and made recommendations. The paper is divided into three chapters, about three thousand words. The first chapter is an overview of the international civil jurisdiction, involves five aspects: First, the concept of international civil jurisdiction and the four characteristics; discusses the importance of international civil jurisdiction from five aspects; Third, establish the general principles of international civil jurisdiction; kind of international civil jurisdiction, including the jurisdiction of the exclusive jurisdiction and protocols, parallel jurisdiction and to exclude the jurisdiction of the ordinary jurisdiction and special jurisdiction; Fifth International Civil Litigation jurisdiction is based, including the nationality of the parties, territory, the will of the parties, a minimum contact and public order. The second chapter is the current major international civil jurisdiction. Mainly international, applicable to a wide range of the Anglo-American system, the German system, the Swiss system, Latin system, choose to be able to represent the Anglo-American system, the United Kingdom and the United States, on behalf of the German system of Germany, on behalf of the Swiss system of Switzerland, France, Italy, Spain and other countries on behalf of the Latin system, by introducing legislation and practice in these countries, relevant international civil jurisdiction, summed up the characteristics of the system of the international civil jurisdiction to conduct a comparative study. The third chapter is the international civil jurisdiction. Introduced the first international civil jurisdiction from international treaties of international rail intermodal freight transport agreements concluded or acceded to by China several major Convention on international civil jurisdiction, \The International Civil Liability for Oil Pollution Damage Convention. Second, introduce domestic legislation and judicial practice, the ordinary territorial jurisdiction in international civil jurisdiction, in particular territorial jurisdiction, the jurisdiction of maritime cases, exclusive jurisdiction

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CLC: > Political, legal > Legal > International law > Private international law > International Civil Procedure Law
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