Other Areas of International Law - A Level Playing Field for “Open Skies”: The Need for Consistent Aviation Regulation by Peter Paul FITZGERALD. The Hague: Eleven International Publishing, 2016. xx + 350 pp. Hardcover: €80.

2018 ◽  
Vol 8 (1) ◽  
pp. 300-300
Author(s):  
Jae Woon LEE
Keyword(s):  
International Law ◽  
Level Playing Field ◽  
Playing Field ◽  
International Publishing ◽  
The Hague

scholarly journals JURISDICTION AND FREEZING INJUNCTIONS: A REASSESSMENT

2019 ◽  
Vol 68 (3) ◽  
pp. 639-664
Author(s):  
Filip Saranovic
Keyword(s):  
International Law ◽  
Private International Law ◽  
Level Playing Field ◽  
International Scope ◽  
Playing Field

AbstractThe existing international scope of English freezing injunctions in support of foreign proceedings is excessively claimant-friendly and inconsistent with the need for a level playing field in litigation. The English courts must reconsider the current boundaries of relief by taking into account an international systemic perspective of the purpose of private international law rules. This requires a multilateral and horizontal approach to the existence of jurisdiction rather than the unilateral and vertical approach that exists under the rules of jurisdiction of English national law. The traditional justifications for the availability of collateral freezing injunctions with respect to assets located abroad rest on a series of fundamental theoretical flaws. This article proposes a range of reforms with the aim of strengthening the equality of the parties and eliminating encroachment on the sovereignty of foreign States.

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