In Defence of Modernity: Vision and Philosophy in Michael by Efraim Podoksik
By Efraim Podoksik
This booklet is an inquiry into Oakeshott's philosophy as an entire, understood as social notion. The primary declare of the research is that Oakeshott's philosophy is without doubt one of the so much subtle defences of modernity and liberalism present in modern British inspiration.
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106 Columns Design Ltd / Job: Forum_Shopping / Division: Intro_Peel /Pg. 112 It is too late to re-visit the circumstances of Owusu. It is in the assessment of this more limited recourse to forum non conveniens that this conference might adopt a constructive approach which looks to the future. 112 A Briggs, above n 109. Perhaps one could be forgiven the parochial observation that this may amount to allowing some states to apply their national law to regulate jurisdiction between the courts of Contracting and non-Contracting States, but not the United Kingdom.
It certainly ensures that two courts may not concurrently address whether each has jurisdiction. But, in doing so, it merely ensures that the court first seised has priority in addressing whether Article 23 applies at all. And, in doing so, it contemplates that the first court will, if necessary, give effect to Article 23 and the principle of party autonomy which it embodies. Fourthly, the outcome in Gasser is not anomalous because it tolerates proceedings in a non-contractual forum. It is not singular because the court first seised is permitted to determine its own jurisdiction, even if that turns upon whether a jurisdiction agreement in favour of another court is effective.
16 Columns Design Ltd / Job: Forum_Shopping / Division: Ch1_Fentiman /Pg. Position: 7 / Date: 14/11 JOBNAME: Sommieres: Forum Sho PAGE: 10 SESS: 7 OUTPUT: Tue Nov 27 13:18:26 2007 34 Richard Fentiman applies. But what if it does not apply, as was argued in Gasser? Difficulty arises because such cases concern competence-competence—a court’s power to determine issues of jurisdiction. They involve parallel proceedings, and the threat of inconsistent judgments, concerning such issues. This begs a cluster of hard questions about the recognition of judgments.