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Author : Ved P. Nanda,David K. Pansius
Publisher : West Group Publishing
Page : 1518 pages
File Size : 49,8 Mb
Release : 1986
Category : Law
ISBN : STANFORD:36105043923304
Author : Gary B. Born,Peter B. Rutledge
Publisher : Aspen Publishing
Page : 1498 pages
File Size : 42,6 Mb
Release : 2022-07-09
Category : Law
ISBN : 9781543847420
International Civil Litigation in United States Courts, by Gary B. Born and Peter B. Rutledge, is the essential, comprehensive law school text for the current and future international litigator, whether based in the United States, Europe, or elsewhere. Examiningevery topic discussed in competing texts with extensive narrative, unparalleled notes, and detailed citations, this book covers the gamut of international dispute resolution, whether judicial jurisdiction, sovereign immunity, extraterritoriality, conflicts of law, parallel proceedings, discovery disputes, service, judgment enforcement, and international arbitration. This Seventh Edition includes excerpts and updated discussions of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics. New to the SeventhEdition: Latest developments in litigation under the Alien Tort Statute and the Torture Victim Protection Act Latest developments in sovereign immunity law following several landmark Supreme Court decisions Latest developments regarding the extraterritorial application of federal law following several landmark Supreme Court decisions Critical examination of the new Restatement (Fourth) of the Foreign Relations of the United States Up-to-date citation and review of the most current academic legal scholarship in the field Professors and students will benefit from: Detailed notes with easy-to-use questions for discussion and legal analysis Comprehensive discussion of international dispute resolution, including international arbitration and other forms of dispute resolution outside of litigation in national courts Comparative foreign treatment of selected issues of international civil procedure Extensive notes and up-to-date citations that ensure the book has enduring value long after a course has ended, and it becomes a resource for practitioners seeking to research the field Documentary Supplement
Author : Andreas F. Lowenfeld
Publisher : West Academic Publishing
Page : 1144 pages
File Size : 42,6 Mb
Release : 2006
Category : Law
ISBN : STANFORD:36105064193258
Preface Acknowledgments Table of Cases Chapter Public Law and the Conflict of Laws The Public Law Taboo The Revenue Rule Reconsidered Jurisdiction to Prescribe A First Look at Extraterritoriality The Search for Criteria The Same Problems a Generation Later Jurisdiction of Courts The U.S. Supreme Court and Jurisdiction to Adjudicate Jurisdiction of Courts in Comparative Context: The European Perspective Suing a Multinational Enterprise Service of Process Across International Frontiers: The Hague Service Convention Property as a Basis of Jurisdiction Forum Non Conveniens, Lis Pendens, and Parallel Litigation Arbitration of International Disputes Forum Selection Clauses in International Transactions: Litigation, Arbitration, and the Question of Arbitrability A Primer on International Commercial Arbitration The United Nations Convention on Recognition and Enforcement of Arbitral Awards Judicial Review of Arbitral Awards at the Place of Arbitration ICSID, Bilateral Investment Treaties and Arbitration of Investment Disputes Enforcement of Foreign Judgments Development of the Law of Foreign Judgments in the United States Jurisdiction, Default Judgments and the Public Policy Defense Recognition of Foreign Judgments in Europe A Look Ahead: Can the Law of Judgments Go Global? The Act of State Doctrine The Act of State Doctrine Attempts to Limit the Act of State Doctrine Exceptions to Application of the Doctrine The Situs of Debts and the Act of State Doctrine Act of State in a Non-Expropriation Context Claims Against Foreign States in Domestic Courts The Development of Sovereign Immunity Law in the United States The Foreign Sovereign Immunity Act of 1976 Special Problems in Suing Foreign Governments and Instrumentalities Abuse of Human Rights, Terrorism, and Civil Litigation Resort to United States Courts: The Alient Tort Statute Expanded Resort to the Alien Tort Statute American Plaintiffs and Action in Congress Discovery of Information Located Abroad Introduction The Foreign Compulsion Defense Public and Private Interests Intertwined Law Enforcement and Secrecy Laws International Judicial Assistance.
Author : David J. Levy
Publisher : American Bar Association
Page : 412 pages
File Size : 53,6 Mb
Release : 2003
Category : Law
ISBN : 1590312317
Provides American and foreign lawyers with a practical overview and summary of the issues and strategies that parties and attorneys most often confront when engaged in international litigation in U.S. federal district courts.
Author : Edward McWhinney
Publisher : BRILL
Page : 209 pages
File Size : 42,9 Mb
Release : 2023-11-27
Category : Business & Economics
ISBN : 9789004640726
The record of the International Court of Justice and its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges and also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, and also in the angry denunciations of the Court as a `political' tribunal rendering `political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction (`neutral') approaches, and those who would in American legal Realist-style, essay a more frankly critical, liberal activist rôle in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years (South West Africa and Namibia; Nuclear Tests; Western Sahara; Nicaragua v. US). The contemporary rôle of the Court and its relation to and cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, in terms of the potential problems but also the opportunities and challenges for the Court and its judges today in an historical era of transition and rapid change in the World Community.
Author : Donald Earl Childress III,Michael D. Ramsey,Christopher A. Whytock
Publisher : Aspen Publishing
Page : 1056 pages
File Size : 44,7 Mb
Release : 2022-10-27
Category : Law
ISBN : 9781543817522
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. 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 : Mary Ellen O'Connell
Publisher : Routledge
Page : 576 pages
File Size : 51,7 Mb
Release : 2003
Category : History
ISBN : STANFORD:36105060301848
The essays that comprise this collection analyse the procedures in international law for settling questions and disputes within international society.
Author : Edward J. McWhinney
Publisher : Springer
Page : 206 pages
File Size : 55,8 Mb
Release : 2013-11-27
Category : Law
ISBN : 9789401767965
Author : Gary B. Born,David Westin
Publisher : Springer
Page : 964 pages
File Size : 50,6 Mb
Release : 1992-01-13
Category : Law
ISBN : STANFORD:36105044796030
Previous edition, 1st, published in 1989.
Author : Ralph Gustav Steinhardt
Publisher : Unknown
Page : 846 pages
File Size : 52,9 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105060684086
This casebook grows out of the rapid internationalization of domestic law since the 1980s, especially in civil litigation before US courts. The contemporary litigator must be expert in what have traditionally been separate fields of law: civil procedure, conflicts of laws, public international law, evidence, international business transactions, remedies, and even immigration law and human rights. This book integrates materials across these fields, developing the common principles that govern litigation with international elements in US courts. of process, discovery, the special treatment of government as parties, and the recognition and enforcement of judgements and arbitral awards. But unlike other textbooks in the field, International Civil Litigation goes beyond these separate subjects to illustrate common themes whenever domestic courts handle transnational litigation, including the role of customary and conventional international law in the interpretation of domestic statues, characteristic issues of professional responsibility, the impact of intergovernmental and non-governmental organizations, and the unique difficulties of providing the content of international law. A document supplement accompanies the casebook.
Author : John Norton Moore
Publisher : Martinus Nijhoff Publishers
Page : 238 pages
File Size : 50,9 Mb
Release : 2013-09-12
Category : Law
ISBN : 9789004257283
Foreign Affairs Litigation in United States Courts collects essays by some of the nation’s top foreign affairs and international law experts to offer discussions on foreign sovereign immunity and the Foreign Sovereign Immunities Act, human rights litigation, foreign affairs taking actions with the Court of Federal Claims, the Foreign Claims Settlement Commission, and the Hague Convention on Choice of Court Agreements. This is an indispensable resource for attorneys and government officials focused on the role of the courts in foreign affairs, actions against foreign governments in United States courts, the Act of State Doctrine, foreign sovereign immunity, the Foreign Claims Settlement Commission, foreign affairs takings actions in the Court of Federal Claims, and choice of court in international litigation.
Author : Natalie Klein,Natalie S. Klein
Publisher : Cambridge University Press
Page : 533 pages
File Size : 48,7 Mb
Release : 2014-04-10
Category : Law
ISBN : 9781107017061
This book examines why states resort to international adjudication or arbitration for the resolution of their disputes.
Author : Chiara Giorgetti
Publisher : BRILL
Page : 644 pages
File Size : 55,5 Mb
Release : 2012-02-17
Category : Law
ISBN : 9789004194830
This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Author : Gary Born
Publisher : Springer
Page : 0 pages
File Size : 43,7 Mb
Release : 1996-05-07
Category : Law
ISBN : 9041109722
This 1,200 page work is the established text in the rapidly expanding international civil litigation field. This third edition is comprehensively revised and expanded. it includes new sections on international commercial arbitration, choice of law, subject matter jurisdiction, and 28 U.S.C. 1782, As well as comparative materials on the Brussels Convention. The following subjects are treated in depth: Subject Matter Jurisdiction over International Disputes Personal Jurisdiction over Foreign Defendants Foreign Sovereign Immunity; Forum non conveniens Forum Selection Clauses; Lis alibi pendens and Antisuit Injunctions Legislative Jurisdiction; Extraterritoriality and Choice of Law Act of State Doctrine Foreign Sovereign Compulsion Service of Process Abroad Taking of Evidence Abroad and Extraterritorial Discovery Recognition of Foreign Judgment International Commercial Arbitration
Author : Federal Judicial Center
Publisher : Government Printing Office
Page : 192 pages
File Size : 45,6 Mb
Release : 2017-03-17
Category : Law
ISBN : 0160937043
The purpose of this guide is to help federal judges adjudicate civil cases alleging human rights violations under domestic and international law. In the common vernacular, the phrase "human rights" often is construed broadly to encompass many forms of civil rights and constitutional claims. The focus here is narrower. This guide addresses cases with an international dimension brought in federal court pursuant to specific U.S. statutes that provide jurisdiction over such claims. These cases include rights-based legal disputes involving foreign plaintiffs or defendants, cases involving violations occurring abroad, and cases relying on international human rights law. Related products: Find more resources about Human Rights here: https: //bookstore.gpo.gov/catalog/human-rights
