Judicial Recourse To Foreign Law

Author : Basil Markesinis,Jorg Fedtke
Publisher : Routledge
Page : 442 pages
File Size : 51,5 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 : Jeremy Waldron
Publisher : Yale University Press
Page : 371 pages
File Size : 40,9 Mb
Release : 2012-05-29
Category : Political Science
ISBN : 9780300148664

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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 : Anonim
Publisher : Unknown
Page : 45 pages
File Size : 51,9 Mb
Release : 1972
Category : Electronic
ISBN : OCLC:909980998

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The Application of Foreign Law by Anonim Pdf

Author : Volkmar Gessner
Publisher : Dartmouth Publishing Company
Page : 312 pages
File Size : 40,7 Mb
Release : 1996
Category : Law
ISBN : UOM:49015002641794

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Foreign Courts by Volkmar Gessner Pdf

Based upon empirical research, this work focuses on the structure and culture of cross-border legal interaction. It aims to describe the environment with which actors of cross-border exchanges are confronted and have to cope, and attempts to define the present and future role of domestic courts.

Author : Giuseppe Franco Ferrari
Publisher : BRILL
Page : 915 pages
File Size : 45,8 Mb
Release : 2019-09-24
Category : Law
ISBN : 9789004297593

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Judicial Cosmopolitanism by Giuseppe Franco Ferrari Pdf

Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.

Author : Hersch Lauterpacht
Publisher : The Lawbook Exchange, Ltd.
Page : 496 pages
File Size : 50,6 Mb
Release : 2000
Category : Arbitration (International law)
ISBN : 9781584770909

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The Function of Law in the International Community by Hersch Lauterpacht Pdf

Lauterpacht, H[ersch]. The Function of Law in the International Community. Oxford: Clarendon Press, 1933. xxvi, 470 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 00-022124. ISBN 1-58477-090-2. Hardcover. * Lauterpacht disputes the widely held viewpoint in the international community that international law has inherent limitations and is incapable of unification, and presents his treatise in a well-researched technical format. "While on the surface Dr. Lauterpacht's study is an analysis of the judicial process, it embraces practically the whole philosophy of international law. However, it is less the scope than the manner of handling the subject which makes this book one of the most outstanding contributions to the science of international law." Francis Deak, Columbia Law Review 34:797. Marke, A Catalogue of the Law Collection at New York University 637.

Author : Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
Publisher : Oxford University Press, USA
Page : 769 pages
File Size : 43,8 Mb
Release : 2019-01-28
Category : Law
ISBN : 9780198739746

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International Law in Domestic Courts by Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger Pdf

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Author : Andraž Zidar,Jean-Pierre Gauci
Publisher : BRILL
Page : 408 pages
File Size : 45,8 Mb
Release : 2016-12-01
Category : Law
ISBN : 9789004280304

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The Role of Legal Advisers in International Law by Andraž Zidar,Jean-Pierre Gauci Pdf

In The Role of Legal Advisers in International Law prominent international legal professionals provide a range of original insights on the position of legal advisers and their vital contribution to the development, interpretation and application of international law.

Author : Ulrich Drobnig,J. H. M. van Erp
Publisher : Springer
Page : 360 pages
File Size : 43,6 Mb
Release : 1999
Category : Law
ISBN : UOM:35112202509404

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The Use of Comparative Law by Courts by Ulrich Drobnig,J. H. M. van Erp Pdf

This new volume contains fourteen national reports and a General Report on the use of comparative law by courts, which were presented at the XIVth International Congress of Comparative Law in Athens. It provides a general survey of the frequency and methods of a comparative recourse to foreign law by courts, describing both the methods of such recourse and the typical fields in which it is undertaken. The reports offer an interesting cross-section of contemporary court practice from a wide variety of countries around the world andndash; large and small, unitary and federal, and with differing historical backgrounds. All demonstrate the needs of national courts to look to foreign law for inspiration or as a model for dealing with new, unsettled issues of national law, and the reports illustrate well the impact of divergent traditions, attitudes and surrounding circumstances. Of special interest are both the role of comparative law and the comparative method employed in the practice of a supranational court, such as the European Court of Justice. In addition to the General Report, this volume contains national reports from the following countries: Canada, European Union, France, Germany, Greece, Iceland, Israel, Japan, Luxembourg, The Netherlands, United Kingdom and United States of America.

Author : Shabtai Rosenne
Publisher : BRILL
Page : 224 pages
File Size : 53,5 Mb
Release : 2007-08-13
Category : Law
ISBN : 9789047421467

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Interpretation, Revision and Other Recourse from International Judgments and Awards by Shabtai Rosenne Pdf

This work analyzes the complexity of interpretation, revision, and other forms of ‘reference’ to the International Court from some other international body, court or arbitral tribunal.

Author : Fábio P. Shecaira
Publisher : Springer Science & Business Media
Page : 90 pages
File Size : 54,8 Mb
Release : 2013-07-09
Category : Philosophy
ISBN : 9783319004280

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Legal Scholarship as a Source of Law by Fábio P. Shecaira Pdf

This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart’s jurisprudence. Indeed, the book’s analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship – or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal – can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.​

Author : Brett G. Scharffs,Andrea Pin,Dmytro Vovk
Publisher : Taylor & Francis
Page : 272 pages
File Size : 50,9 Mb
Release : 2024-05-28
Category : Law
ISBN : 9781040031155

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Human Dignity, Judicial Reasoning, and the Law by Brett G. Scharffs,Andrea Pin,Dmytro Vovk Pdf

This volume explores how national and international human rights courts interpret and apply human dignity. The book tracks the increasing deployment of the concept of human dignity within national and international courts in recent decades. It identifies how human-dignity-based arguments have expanded to cover larger sets of cases: from the right to life or to integrity or anti-discrimination, the concept has surfaced in disputes about political and social rights and rule of law requirements, such as equality or legal certainty. The core message of the book is that judges understand, interpret, and apply human dignity differently. An inflation in the judicial recourse to human dignity can saturate the legal environment, depriving the concepts as well as human-rights-based narratives of salience, and threaten the predictability of court decisions. The book will appeal to philosophers of law, constitutional theorists and lawyers, legal comparativists, and internal law specialists. Whilst being dedicated specifically to human dignity jurisprudence, the book touches on many aspects of judiciary and as such will also be of interest to researchers studying legal reasoning, interpretation and application of the law and courts, as well as social philosophers, political scientists, and sociologists of law, politics, and religion.

Author : Donald Earl Childress III,Michael D. Ramsey,Christopher A. Whytock
Publisher : Aspen Publishing
Page : 1056 pages
File Size : 48,9 Mb
Release : 2020-09-15
Category : Law
ISBN : 9781454898962

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Transnational Law and Practice by Donald Earl Childress III,Michael D. Ramsey,Christopher A. Whytock Pdf

Transnational Law and Practice emphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today’s globalized world—regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be “international law-centric” or “international court-centric” and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. New to the Second Edition: Substantially re-written chapter on recognition and enforcement of foreign judgments to reflect recent important developments Excerpts from and discussion of new Supreme Court decisions on extraterritoriality, personal jurisdiction, the Alien Tort Statute and Foreign Sovereign Immunity Excerpts from the new Restatement (Fourth) of the Foreign Relations Law of the United States and the draft Restatement of the U.S. Law of International Commercial and Investor-State Arbitration Professors and students will benefit from: A practice-oriented approach that focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Comparative perspectives throughout. A team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions. An excellent alternative to classic public international law texts for introductory or first-year courses on international or transnational law. Multiple uses: With advanced material on transnational practice in U.S. courts, also ideal for upper-division courses on international civil litigation. Practical materials not traditionally included in public international law casebooks, such as materials on transnational commercial arbitration and conflict of laws. Extensive explanatory text to facilitate student learning and notes and questions that emphasize real-world lawyering, not just theory and doctrine. Review questions at the end of each chapter to help students synthesize, logically structure, and flowchart complex material.

Author : David J. Bederman,Christopher J. Borgen,David A. Martin
Publisher : Unknown
Page : 176 pages
File Size : 50,8 Mb
Release : 2003
Category : International and municipal law
ISBN : STANFORD:36105063696392

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International Law by David J. Bederman,Christopher J. Borgen,David A. Martin Pdf

Author : Hersch Lauterpacht
Publisher : Unknown
Page : 436 pages
File Size : 49,6 Mb
Release : 1958
Category : Arbitration (International law)
ISBN : UIUC:30112060066682

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The Development of International Law by the International Court by Hersch Lauterpacht Pdf