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Author : William Elliott Butler
Publisher : Unknown
Page : 0 pages
File Size : 50,9 Mb
Release : 1980
Category : Comparative law
ISBN : LCCN:nun01220581
Author : Jürgen Basedow,Harald Baum,Yuko Nishitani,Max-Planck-Institut für Ausländisches und Internationales Privatrecht
Publisher : Mohr Siebeck
Page : 468 pages
File Size : 53,7 Mb
Release : 2008
Category : Law
ISBN : 3161495470
The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.
Author : Mortimer Sellers,Tadeusz Tomaszewski
Publisher : Springer Science & Business Media
Page : 257 pages
File Size : 41,6 Mb
Release : 2010-07-23
Category : Law
ISBN : 9789048137497
This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.
Author : Anthea Roberts,Paul B. Stephan,Pierre-Hugues Verdier,Mila Versteeg
Publisher : Oxford University Press
Page : 641 pages
File Size : 45,5 Mb
Release : 2018
Category : Law
ISBN : 9780190697570
"The chapters of this volume were presented at the twenty-seventh and twenty-eighth Sokol Colloquia on Private International Law, held at the University of Virginia School of Law in September 2014 and September 2015." -- Acknowledgments, p. [xi].
Author : Joan Church,Christian Schulze,Hennie Strydom
Publisher : Unisa Press
Page : 356 pages
File Size : 55,5 Mb
Release : 2007
Category : Comparative law
ISBN : 9781868883615
In terms of the South African Constitution of 1996 there is a general need for an introduction to comparative law and one that covers what is technically known as applied comparative law; more particularly applied comparative law that involves a study of the bills of rights in other countries.
Author : Günther Doeker-Mach,Klaus A. Ziegert
Publisher : Franz Steiner Verlag
Page : 448 pages
File Size : 43,7 Mb
Release : 2004
Category : Philosophy
ISBN : 3515085602
Comparative legal studies are at last commanding the thoughts of contemporary jurists� Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.
Author : Cuniberti, Gilles
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 49,7 Mb
Release : 2022-02-18
Category : Law
ISBN : 9781839106538
Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.
Author : Arthur Taylor Von Mehren,Eckart Gottschalk
Publisher : Brill Nijhoff
Page : 0 pages
File Size : 42,5 Mb
Release : 2007
Category : Administrative procedure
ISBN : 9004158812
This book is a revised and expanded version of the General Course delivered by the author at the Hague Academy of International Law. It contains three parts that discuss theory and practice of adjudicatory authority in private international law in comparative perspective focusing on the United States, Germany and the European Union. The first part examines the foundations and emergence of jurisdictional theory elaborating on the types of adjudicatory authority and the design of jurisdictional provisions. Part two covers basic themes and pervasive issues reflecting, inter alia, on the actor sequitor forum rei principle, choice of forum agreements, forum non conveniens, antisuit injunctions and the lis pendens doctrine. The last part explores the role of international instruments for achieving convergence and harmonization. It analyzes the design of judgments conventions and in particular the efforts of the Hague Conference on Private International Law to foster worldwide harmonization. The volume was completed with the assistance of Dr. Eckart Gottschalk. Dr. Gottschalk is an Associate with CMS Hasche Sigle in Hamburg specializing on corporate law. Before he started practicing, he served as a Joseph Story Research Fellow at Harvard Law School, 2005-2006.
Author : André Nollkaemper,Professor of Public International Law André Nollkaemper,Hersch Lauterpacht Chair in Public International Law Yuval Shany,Yuval Shany,Antonios Tzanakopoulos,Professor of Public International Law at the Faculty of Law and Fellow in Law at St Anne's College Antonios Tzanakopoulos
Publisher : Oxford University Press
Page : 465 pages
File Size : 41,9 Mb
Release : 2024-07-11
Category : Law
ISBN : 9780192864185
The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.
Author : Eleni Methymaki
Publisher : Oxford University Press
Page : 465 pages
File Size : 53,6 Mb
Release : 2024-04-11
Category : Law
ISBN : 9780192679178
The relationship between domestic courts and international law is usually defined by the frameworks of monism and dualism. The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order. Two trends are examined in parallel in this volume. The traditional dividing lines between national and international law norms and institutions have become increasingly blurred. However, the practice of domestic courts can less and less be understood by reference to a formal approach that dictates how national legal orders receive international law. The solutions that courts reach are often based on a variety of other considerations that are not captured by the classical formal models. The aim of the book is to bring together the wide variety of types of engagement, as an important step towards a better understanding of what courts do and, eventually, towards a normative exercise of articulating principles or guidelines for the engagement of domestic courts with international law. To bring together the pragmatic approaches of domestic courts, the International Law Association Study Group on Principles on the Engagement of Domestic Courts with International Law engaged in studies with experts from a variety of backgrounds. On the basis of the Study Group's Final Report, the editors of this book continued to work with experts from different jurisdictions to collect and analyse alternate pragmatic forms of engagement from domestic courts. This publication contains the outcome of this process.
Author : Toshiyuki Kono
Publisher : Bloomsbury Publishing
Page : 1140 pages
File Size : 40,6 Mb
Release : 2012-06-29
Category : Law
ISBN : 9781847319692
'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.
Author : Francis G. Snyder,Peter Slinn
Publisher : Unknown
Page : 322 pages
File Size : 46,5 Mb
Release : 1987
Category : International economic relations
ISBN : 0862052505
Author : Benjamin J Richardson,Shin Imai,Kent McNeil
Publisher : Bloomsbury Publishing
Page : 446 pages
File Size : 42,5 Mb
Release : 2009-03-18
Category : Law
ISBN : 9781509942206
Indigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.
Author : Herbert Jacob,Erhard Blankenburg,Herbert M. Kritzer,Doris Marie Provine,Joseph Sanders
Publisher : Yale University Press
Page : 420 pages
File Size : 43,6 Mb
Release : 1996-01-01
Category : Law
ISBN : 0300063792
This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.
Author : Toshiyuki Kono
Publisher : Bloomsbury Publishing
Page : 1138 pages
File Size : 49,7 Mb
Release : 2012-06-29
Category : Law
ISBN : 9781847319708
'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.
