Civil Litigation In A Globalising World

Author : X.E. Kramer,C.H. van Rhee
Publisher : Springer Science & Business Media
Page : 381 pages
File Size : 44,8 Mb
Release : 2012-02-01
Category : Law
ISBN : 9789067048170

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Civil Litigation in a Globalising World by X.E. Kramer,C.H. van Rhee Pdf

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

Author : X.E. Kramer,C.H. van Rhee
Publisher : Springer Science & Business Media
Page : 381 pages
File Size : 48,7 Mb
Release : 2012-02-02
Category : Law
ISBN : 9789067048163

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Civil Litigation in a Globalising World by X.E. Kramer,C.H. van Rhee Pdf

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

Author : PaulSchiff Berman
Publisher : Routledge
Page : 699 pages
File Size : 53,9 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351543972

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The Globalization of International Law by PaulSchiff Berman Pdf

'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.

Author : Jaakko Husa
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 43,7 Mb
Release : 2018-11-30
Category : Law
ISBN : 9781788116473

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Advanced Introduction to Law and Globalisation by Jaakko Husa Pdf

This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.

Author : Harkristuti Harkrisnowo,Hikmahanto Juwana,Yu Un Oppusunggu
Publisher : CRC Press
Page : 434 pages
File Size : 42,9 Mb
Release : 2017-11-14
Category : Social Science
ISBN : 9781351840453

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Law and Justice in a Globalized World by Harkristuti Harkrisnowo,Hikmahanto Juwana,Yu Un Oppusunggu Pdf

The book consists of a selection of papers presented at the Asia-Pacific Research Conference on Social Sciences and Humanities. It contains essays on current legal issues in law and justice, and their role and transformation in a globalizing world. Topics covered include human rights, criminal law, good governance, democracy, foreign investment, and regional integration. The conference focused on Asia and the Pacific, two regions where law has taken an important position in creating and shaping the regional integrations, new legal institutions, and norms. This reconfirms the idea that the legal system is extremely important in the global world. This book provides new insights and new horizons on how law and justice took part in globalizing human interaction, especially in the Asia-Pacific region.

Author : Christophe Jamin,William van Caenegem
Publisher : Springer
Page : 346 pages
File Size : 43,7 Mb
Release : 2016-04-30
Category : Law
ISBN : 9783319291253

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The Internationalisation of Legal Education by Christophe Jamin,William van Caenegem Pdf

This volume provides an overview of the state of internationalisation of legal education (IOLE) in many civil law and common law countries. It provides a picture of the status of the debate about the shape and degree of internationalisation in the curriculum in the different countries, and the debates surrounding the adoption of a more international approach to legal education in the contemporary world. It is a compilation of the National Reports submitted for the August 2014 Congress of the IACL held at Vienna, and contains an introductory general report. Together, the reports examine such questions as: Why is the topic of internationalization of legal education on the agenda now? Why is it a relevant subject for examination today? Does the topic generate the same level of interest everywhere in the world? Is enthusiasm for IOLE mainly driven by the academic sector, by government, by multinational corporations? Is the interest closely linked with the globalization of the practice of law? Or is globalisation of law itself something of a myth, or a reality reserved for only a very small percentage of practising lawyers around the world? The general and national reports make clear that there is indeed widespread interest in IOLE, and numerous disparate initiatives around the world. Nonetheless, some National Reporters state that the topic is simply not on the agenda at all. All in all, the volume shows that the approaches to internationalisation are many and varied, but every jurisdiction recognises the importance of introducing aspiring lawyers to a more integrated global environment.

Author : Jorge Luis Fabra-Zamora
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 50,8 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788974424

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Jurisprudence in a Globalized World by Jorge Luis Fabra-Zamora Pdf

Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.

Author : Spencer Zifcak
Publisher : Routledge
Page : 262 pages
File Size : 45,5 Mb
Release : 2004-08-02
Category : Political Science
ISBN : 9781134339464

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Globalisation and the Rule of Law by Spencer Zifcak Pdf

Globalisation and the Rule of Law reassesses the idea of the 'rule of law' within the present complex and increasingly internationalized environment. There have been many books studying the phenomenon of globalization and its economic, social or cultural consequences. This book, however, is the first to relate globalization exclusively to law. It examines the impact of globalization upon the rule of law, a fundamental value within liberal democratic sovereign states. The book opens with three chapters discussing the theory of the rule of law and its necessary reconceptualization in a global environment. Then, in three sections considering global trade, security and human rights, it proposes new ways of thinking about global law and its application in new and existing institutions of global governance. Contributors include top-flight academics, politicians and judges, making this book significant and relevant in both jurisprudential theory and political practice.

Author : Surendra Bhandari
Publisher : Unknown
Page : 459 pages
File Size : 53,9 Mb
Release : 2015
Category : Comparative law
ISBN : 1634834577

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Law and State in the Globalized World by Surendra Bhandari Pdf

More than at any other time in history, today, law governs us all. As a result, some level of knowledge of the law is becoming increasingly important at all levels. It is especially useful for students of law, international relations, politics, and social sciences. International professionals as well as civil society organizations also benefit from the basic knowledge of law. In the post-war era, it is not only domestic laws, but also international laws that govern our individual rights, duties, and social interactions, including international relations. This is particularly the case in the fields of peace, security, human rights, international crime, environmental protection, and world trade. Moreover, the demand for harmonization between domestic and international law has, in many respects, caused international law to become the main source for the creation and development of domestic law. This book offers a comparative perspective on the basic concepts and ideas about law and state. It was created in response to a number demands. It is written in a simple and comprehensive style so that general readers, law students, paralegals, and students from different social science disciplines can, in a straightforward fashion, all understand the legal concepts, legal philosophy, and law-state relationships in the context of globalization, international cooperation, and the maintaining of the rule of law at the domestic level. This book aims to offer legal knowledge not only to students who are required to study law as an introductory course, but also to general readers on a wider scale. Its treatment is not confined to a particular legal system full of technical jargons, but rather explains general legal principles applicable to different legal systems in a non-technical manner, allowing the reader to understand the basic legal concepts from a general standpoint.

Author : Peter Odell,Chris Willett
Publisher : Bloomsbury Publishing
Page : 174 pages
File Size : 47,5 Mb
Release : 2008-11-24
Category : Law
ISBN : 9781847314680

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Global Governance and the Quest for Justice - Volume III by Peter Odell,Chris Willett Pdf

This book - one in the four-volume set,Global Governance and the Quest for Justice - focuses on themes of citizen organisation and empowerment set in the context of globalising legal processes. Chapter One sets the scene. Chapters Two, Three and Four focus on various challenges that globalisation poses for private law. How does substantive contract and tort doctrine that has been developed (mainly) for use within national legal systems adapt to more globalised dealings and wrongdoings? Should the source of regulation be private international law, harmonised national law, international accords (or some combination)? Chapters Five, Six and Seven focus on issues relating to access to justice (as a mode of empowerment) and its impact on the functioning of civil society. These chapters highlight a variety of procedural, professional and institutional challenges for access to justice in a globalised world. Chapter Eight considers how we are to reconcile the competing visions of the basis on which essential services are to be provided. In a global marketplace, is there any room for local values or for values other than those of free-market thinking? Finally, Chapter Nine focuses on the question of democracy in a globalised world. If civil society is to retain its political vitality, how are citizens to remain engaged and enfranchised as a new global politico-legal order takes shape?

Author : Michael Faure,Andre Van der Walt
Publisher : Edward Elgar Publishing
Page : 509 pages
File Size : 53,6 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849805216

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Globalization and Private Law by Michael Faure,Andre Van der Walt Pdf

This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.

Author : Elaine Mak
Publisher : A&C Black
Page : 290 pages
File Size : 40,7 Mb
Release : 2014-07-04
Category : Law
ISBN : 9781782253648

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Judicial Decision-Making in a Globalised World by Elaine Mak Pdf

Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.

Author : Burkhard Hess,Xandra E. Kramer
Publisher : Nomos Verlag
Page : 486 pages
File Size : 48,8 Mb
Release : 2017-12-08
Category : Law
ISBN : 9783845285214

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From common rules to best practices in European Civil Procedure by Burkhard Hess,Xandra E. Kramer Pdf

Zwanzig Jahre nach der Verabschiedung des Amsterdamer Vertrags über die justizielle Zusammenarbeit in Zivilsachen wurden vom europäischen Gesetzgeber zahlreiche Instrumente des EU-Zivilprozessrechts entwickelt, die heute in der nationalen Rechtsprechung fest verankert sind. Diese Instrumente haben einen grenzüberschreitenden Raum der Rechtssicherheit geschaffen, dem Bürgerinnen und Bürger sowie und Unternehmen vertrauen können. Das vorliegende Buch fragt nach den "best practices" gemeinsamer Regeln und Praktiken. Inspiriert von der Verschiebung des Schwerpunkts von der Schaffung neuer Rechtsvorschriften hin zu einer Konzentration auf die konkrete Umsetzung, bietet der Band einen Überblick über einen einheitlichen europäischen Rechtsraum und seinen Regeln.

Author : Sam Muller,Sidney Richards
Publisher : Hague Academic Press
Page : 0 pages
File Size : 49,9 Mb
Release : 2010
Category : Law
ISBN : 9067046078

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Highest Courts and Globalisation by Sam Muller,Sidney Richards Pdf

One of the main tasks of highest courts is the maintenance of legal coherency within the national legal system. Highest courts should also observe national legislation to be in conformity with the constitution and international treaties. In the internationalising world of today, societies and legal systems increasingly interact. This has consequences for highest national courts which also increasingly interact with each other. The authors in this book investigate the implications of these phenomena for theory and practice. As leading scholars and distinguished judges they offer a unique and unprecedented perspective on the issue of highest courts and globalisation. This book is therefore highly recommended to judges and practitioners in national and international courts, academics, parliamentarians and civil servants of national ministries of justice and the interior.​ Law of the Future Conferences ‘Law of the Future’ is the top level international and multidisciplinary conference series initiated by The Hague Institute for the Internationalisation of Law (HiiL). These conferences explore how law is changing and should change under the pressure of globalisation and internationalisation, and how the roles of international actors and stakeholders will or must change as a consequence. The ‘Law of the Future’ conference series bridges practice and academia. The Changing Role of Highest Courts in an Internationalising World was the theme of the October 2008 Law of the Future Conference, which was held in The Hague, The Netherlands.

Author : Tae-gwŏn Chʻoe,Kahei Rokumoto
Publisher : 서울대학교출판부
Page : 452 pages
File Size : 43,7 Mb
Release : 2007
Category : Civil law
ISBN : STANFORD:36105129044819

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Judicial System Transformation in the Globalizing World by Tae-gwŏn Chʻoe,Kahei Rokumoto Pdf