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Author : Bradford A. Caffrey
Publisher : Unknown
Page : 448 pages
File Size : 47,8 Mb
Release : 1985
Category : Law
ISBN : STANFORD:36105043935357
Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 41,8 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509924264
This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.
Author : Drossos Stamboulakis
Publisher : Cambridge University Press
Page : 303 pages
File Size : 48,5 Mb
Release : 2022-11-24
Category : Law
ISBN : 9781009084505
This book provides the first detailed analysis of recognition and enforcement of foreign judgments and awards in civil and commercial matters from a transnational perspective. This perspective facilitates greater understanding of the present state of recognition and enforcement and offers insight into the establishment and operation of key modern instruments. This book represents a timely contribution, as instruments harmonising and promoting recognition and enforcement are increasingly being considered and implemented internationally. Many countries have recently reiterated their commitment to improving access to justice and have indicated an intention to sign one or both of the treaties designed to harmonise and promote recognition and enforcement of civil and commercial judgments internationally: the 2005 Choice of Court Convention or the 2019 Judgments Convention. This book is an essential resource for policymakers, scholars, and intergovernmental organisations to understand the nature and origin of recognition and enforcement approaches, as well as their application, interpretation, and future directions.
Author : Frank Joseph Shulman,Anna See Ping Leon Shulman
Publisher : Hong Kong University Press
Page : 878 pages
File Size : 52,7 Mb
Release : 2001-01-01
Category : Language Arts & Disciplines
ISBN : 9622093973
A descriptively annotated, multidisciplinary, cross-referenced and extensively indexed guide to 2,395 dissertations that are concerned either in whole or in part with Hong Kong and with Hong Kong Chinese students and emigres throughout the world.
Author : Richard Frimpong Oppong
Publisher : Cambridge University Press
Page : 403 pages
File Size : 44,7 Mb
Release : 2011-07-07
Category : Law
ISBN : 9781139497589
Richard Frimpong Oppong challenges the view that effective economic integration in Africa is hindered by purely socio-economic, political and infrastructural problems. Inspired by the comparative experiences of other regional economic communities and imbued with insights from constitutional, public and private international law, he argues that even if the socio-economic, political and infrastructural challenges were to disappear, the state of existing laws would hinder any progress. Using a relational framework as the fulcrum of analyses, he demonstrates that in Africa's economic integration processes, community-state, inter-state and inter-community legal relations have neither been carefully thought through nor situated on a solid legal framework, and that attempts made to provide legal framework have been incomplete and, sometimes, grounded on questionable assumptions. To overcome these problems and aid the economic integration agenda that is essential for Africa's long-term economic growth and development, the author proposes radical reforms to community and national laws.
Author : Alex Mills
Publisher : Cambridge University Press
Page : 463 pages
File Size : 42,9 Mb
Release : 2009-07-02
Category : Law
ISBN : 9781139479738
A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.
Author : Anonim
Publisher : Unknown
Page : 1126 pages
File Size : 46,8 Mb
Release : 2005
Category : Comparative law
ISBN : UCAL:B5128428
Author : Keang Sood Teo,National University of Singapore. Faculty of Law
Publisher : Faculty of Law National University of Singapore
Page : 668 pages
File Size : 50,6 Mb
Release : 1997
Category : Business & Economics
ISBN : STANFORD:36105060708794
Author : Matthew Alan Reed
Publisher : Edwin Mellen Press
Page : 660 pages
File Size : 50,6 Mb
Release : 2003
Category : Conflict of laws
ISBN : STANFORD:36105060355836
Reed (criminal and private law, Sunderland University) provides an account of the common themes, related jurisprudence, and theoretical underpinnings that have guided Anglo-American traditions in family law, tort jurisdiction, choice of laws, and recognition and enforcement of foreign judgments. He strives to provide a global perspective by considering English common law practice, model templates provided by the Brussels, Lugano, and Rome Conventions, American jurisprudence, and recent Commonwealth initiatives. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).
Author : Colin Fong,Graham Ellis
Publisher : Unknown
Page : 726 pages
File Size : 52,7 Mb
Release : 1990
Category : Law
ISBN : STANFORD:36105044522451
Author : Law Reform Commission of British Columbia
Publisher : Unknown
Page : 128 pages
File Size : 54,9 Mb
Release : 1989
Category : Judgments
ISBN : STANFORD:36105044267412
Author : Anonim
Publisher : Unknown
Page : 500 pages
File Size : 49,9 Mb
Release : 1990
Category : Law
ISBN : UIUC:30112021356057
Author : Anonim
Publisher : Unknown
Page : 1084 pages
File Size : 42,7 Mb
Release : 1997
Category : Law
ISBN : STANFORD:36105061957325
Author : John Preston Ball
Publisher : Unknown
Page : 146 pages
File Size : 42,6 Mb
Release : 1996
Category : Law
ISBN : STANFORD:36105061909995
Author : Colin Ong
Publisher : Springer
Page : 840 pages
File Size : 40,7 Mb
Release : 1997-08-27
Category : Law
ISBN : STANFORD:36105062292078
Can civil and commercial litigation be harmonised? Cross-Border Litigation within ASEAN provides a means of harmonising some aspects of cross-border civil and commercial litigation within the member states of the ASEAN (Association of South East Asian Nations). These aspects include the recognition and enforcement of foreign judgments and the jurisdictional bases involved in the litigation process. This work provides a pragmatic example that can be utilised by the ASEAN member states on how to harmonise those vital aspects of cross-border litigation and ultimately assist in the acceleration of the development of the ASEAN Free Trade Area (AFTA). As yet, no existing legal mechanism can deal with the problems and disputes of foreign private investors and businesses that aim to take advantage of the AFTA by conducting cross border transactions within several ASEAN member states. Cross-Border Litigation within ASEAN delves into the relevant civil and commercial laws of the ASEAN member states and looks at examples of problems that have been faced and overcome by courts in England and the United States and by the European Court of Justice, and their solutions. This is the first book of its kind to examine and discuss the private international commercial laws of the individual ASEAN member states and to address important business issues such as forum selection clauses, forum shopping, multiplicity of actions, and injunctive relief offered by the courts of the region.
