Foreign Law

Author : Basil Markesinis,Jorg Fedtke
Publisher : Routledge
Page : 442 pages
File Size : 43,7 Mb
Release : 2012-12-06
Category : Law
ISBN : 9781135848033

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Judicial Recourse to Foreign Law by Basil Markesinis,Jorg Fedtke Pdf

Accessible and clearly structured, this is the first book to include examinations of public and private law in the discussion about access to foreign laws. With commentaries by an international collection of leading judges in the field, it looks at the practice in a range of countries spread across the globe. In jurisprudence an exchange of ideas is essential, as there is no monopoly of wisdom. Legal convergence is particularly beneficial to both public law, as constitution building is done in so many parts of the world, and to commercial law, where enhanced communication, trade and information mean that people have to work more closely together. This book: examines the theme of judicial mentality and how it helps or hinders recourse to foreign ideas raises and addresses the dangers that accompany comparative law and judicial creativity looks at the practice in America, Canada, England, France, Germany, Italy, Israel, South Africa and at the European Court of Justice. Ideal for practitioners and academics, it is an essential read for those working in or studying jurisprudence at undergraduate or postgraduate level.

Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 555 pages
File Size : 55,9 Mb
Release : 2010-05-06
Category : Law
ISBN : 9780521763271

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The International Law on Foreign Investment by M. Sornarajah Pdf

This book is a thought-provoking and authoritative text on this fast moving field of international law.

Author : Richard Fentiman
Publisher : Clarendon Press
Page : 378 pages
File Size : 54,7 Mb
Release : 1998
Category : Law
ISBN : 019825878X

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Foreign Law in English Courts by Richard Fentiman Pdf

This book is concerned with the pleading and proof of foreign law in English courts. Fentiman argues that the law is both more complex and more defensible than had previously been supposed. By providing a practical guide to the subject, he presents the conflict of laws in a way which is both novel and illuminating.

Author : Anonim
Publisher : Unknown
Page : 300 pages
File Size : 44,8 Mb
Release : 2006
Category : Annotations and citations (Law)
ISBN : STANFORD:36105063973023

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Guide to Foreign and International Legal Citations by Anonim Pdf

"Formerly known as the International Citation Manual"--p. xv.

Author : Basil S Markesinis,Jörg Fedtke
Publisher : Bloomsbury Publishing
Page : 474 pages
File Size : 51,6 Mb
Release : 2009-03-30
Category : Law
ISBN : 9781847314970

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Engaging with Foreign Law by Basil S Markesinis,Jörg Fedtke Pdf

This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.

Author : Payam Akhavan,Jutta Brunnée,Hugh M. Kindred,Ted L. McDorman,Gibran Van Ert,Ikechi Mgbeoji,Karin Mickelson,Frédéric Mégret,Linda C. Reif,Christopher Peter Michael Waters
Publisher : Unknown
Page : 1136 pages
File Size : 55,7 Mb
Release : 2019
Category : International law
ISBN : OCLC:1197973444

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Kindred's International Law, Chiefly as Interpreted and Applied in Canada by Payam Akhavan,Jutta Brunnée,Hugh M. Kindred,Ted L. McDorman,Gibran Van Ert,Ikechi Mgbeoji,Karin Mickelson,Frédéric Mégret,Linda C. Reif,Christopher Peter Michael Waters Pdf

"The book delivers a comprehensive overview of the foundational concepts, principles, sources, and institutions of the international legal system and how they are experienced and practiced domestically and in foreign relations"--

Author : Leïla Choukroune,James J. Nedumpara
Publisher : Cambridge University Press
Page : 847 pages
File Size : 43,9 Mb
Release : 2021-07-22
Category : Law
ISBN : 9781108423885

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International Economic Law by Leïla Choukroune,James J. Nedumpara Pdf

An examination of the core principles, landmark disputes, and modern developments in IEL reflecting a global approach.

Author : Stephen Breyer
Publisher : Vintage
Page : 402 pages
File Size : 42,5 Mb
Release : 2016-08-23
Category : Law
ISBN : 9781101912072

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The Court and the World by Stephen Breyer Pdf

In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.

Author : Campbell McLachlan
Publisher : Cambridge University Press
Page : 665 pages
File Size : 52,7 Mb
Release : 2014-09-04
Category : Law
ISBN : 9780521899857

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Foreign Relations Law by Campbell McLachlan Pdf

The first modern study of the law governing the external exercise of public power in the UK and the Commonwealth.

Author : Marci Hoffman,Mary Rumsey
Publisher : Martinus Nijhoff Publishers
Page : 413 pages
File Size : 41,7 Mb
Release : 2012-04-19
Category : Law
ISBN : 9789004204805

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International and Foreign Legal Research by Marci Hoffman,Mary Rumsey Pdf

International and Foreign Legal Research: A Coursebook, second edition by Hoffman and Rumsey, now in a second edition, is designed for classes in foreign and international legal research. Topics covered in the book range from treaty research to chapters on particular subjects of international law. Coverage also includes chapters on researching foreign and comparative law as well as major international organizations, including the UN and the EU.

Author : Yuko Nishitani
Publisher : Springer
Page : 0 pages
File Size : 41,6 Mb
Release : 2017-07-14
Category : Law
ISBN : 3319565729

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Treatment of Foreign Law - Dynamics towards Convergence? by Yuko Nishitani Pdf

This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction. Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as “law” and provide for the ex officio application and ascertainment of foreign law by judges. Common law jurisdictions consider foreign law as “fact” and require that parties plead and prove foreign law. A closer look at various reports, however, reveals more differentiated features with their own nuances among civil law jurisdictions, and the difference of the treatment of foreign law from other facts in common law jurisdictions. This challenges the appropriacy of the conventional “law-fact” dichotomy. This book further examines the need for facilitating access to foreign law. After carefully analyzing the benefits and drawbacks of existing instruments, this book explores alternative methods for enhancing access to foreign law and considers practical ways of obtaining information on foreign law. It remains to be seen whether and the extent to which legal systems around the world will integrate and converge in their treatment of foreign law.

Author : Jeremy Waldron
Publisher : Yale University Press
Page : 306 pages
File Size : 45,6 Mb
Release : 2012-05-29
Category : Political Science
ISBN : 9780300148657

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"Partly Laws Common to All Mankind" by Jeremy Waldron Pdf

Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.

Author : American Foreign Law Association
Publisher : Unknown
Page : 18 pages
File Size : 55,7 Mb
Release : 1968
Category : Law
ISBN : LCCN:34013331

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Bibliographies of Foreign Law Series by American Foreign Law Association Pdf

Author : Carlos Esplugues Mota,José Luis Iglesias Buhigues,Guillermo Palao Moreno
Publisher : Walter de Gruyter
Page : 445 pages
File Size : 50,8 Mb
Release : 2011-03-30
Category : Law
ISBN : 9783866539129

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Application of Foreign Law by Carlos Esplugues Mota,José Luis Iglesias Buhigues,Guillermo Palao Moreno Pdf

During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.

Author : Andrea De Guttry,Francesca Capone,Christophe Paulussen
Publisher : Springer
Page : 533 pages
File Size : 44,5 Mb
Release : 2016-02-27
Category : Law
ISBN : 9789462650992

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Foreign Fighters under International Law and Beyond by Andrea De Guttry,Francesca Capone,Christophe Paulussen Pdf

This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.