Book contents
- Freezing Injunctions in Private International Law
- Freezing Injunctions in Private International Law
- Copyright page
- Contents
- Acknowledgements
- 1 Introduction
- 2 Historical Foundations of Freezing Injunctions
- 3 Theoretical Foundations of Freezing Injunctions
- 4 Theoretical Foundations of Jurisdiction in Private International Law
- 5 Application of Jurisdictional Theories
- 6 Reform Proposals
- 7 The Relationship between Freezing Injunctions and Other Interim Relief
- 8 Conclusions
- Index
4 - Theoretical Foundations of Jurisdiction in Private International Law
Published online by Cambridge University Press: 20 October 2022
- Freezing Injunctions in Private International Law
- Freezing Injunctions in Private International Law
- Copyright page
- Contents
- Acknowledgements
- 1 Introduction
- 2 Historical Foundations of Freezing Injunctions
- 3 Theoretical Foundations of Freezing Injunctions
- 4 Theoretical Foundations of Jurisdiction in Private International Law
- 5 Application of Jurisdictional Theories
- 6 Reform Proposals
- 7 The Relationship between Freezing Injunctions and Other Interim Relief
- 8 Conclusions
- Index
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.
Keywords
- Type
- Chapter
- Information
- Freezing Injunctions in Private International Law , pp. 103 - 128Publisher: Cambridge University PressPrint publication year: 2022