Download or read book Treatment of Foreign Law Dynamics towards Convergence written by Yuko Nishitani and published by Springer. This book was released on 2017-07-04 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Globalization of contractual law written by Frederico Eduardo Zenedin Glitz and published by Frederico Glitz Consultoria Jurídica. This book was released on 2014-12-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.

Download or read book 2011 written by Andrea Bonomi and published by Walter de Gruyter. This book was released on 2012-07-30 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current volume of the "Yearbook of Private International Law" includes three special sections: The first one is devoted to the recent European developments in the area of family law like the proposal on the matrimonial property régimes in its relation with other EU instruments, such as Brussels IIbis or Rome III. Another special section deals with the very hotly debated question of the treatment of and access to foreign law. The third one presents some recent reforms of national Private International Law systems. National reports and court decisions complete the book. Recent highlights include: - multiple nationalities in EU Private International Law - the European Court of Human Rights and Private International Law - parallel litigation in Europe and the US - arbitration and the powers of English courts - conflict of laws in emission trading - res judicata effects of arbitral awards

Download or read book Subject Catalog written by Library of Congress and published by . This book was released on with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Library of Congress Catalogs written by Library of Congress and published by . This book was released on 1980 with total page 1036 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Recueil Des Cours Collected Courses 1971 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1972-12-31 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book German Yearbook of International Law written by and published by . This book was released on 1977 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Aufbruch nach Europa written by Jürgen Basedow and published by Mohr Siebeck. This book was released on 2001 with total page 1154 pages. Available in PDF, EPUB and Kindle. Book excerpt: English summary: Authors from 25 countries have contributed to a Festschrift to celebrate the 75th anniversary of the Max Planck Institute for Private Law in Hamburg. The articles cover the history and future research projects of the Institute, aspects of German, European and international economic law, private international law and civil procedure, issues of comparative law and the unification of laws and selected private law topics from non-German legal systems. German description: Die Grundung des Max-Planck-Instituts fur auslandisches und internationales Privatrecht geht auf das Jahr 1926 zuruck. In der Festschrift zu seinem 75-jahrigen Bestehen sind Beitrage von Autoren aus aller Welt, die dem Institut verbunden sind, vereinigt. Mit dem 'Aufbruch nach Europa' wird programmatisch ein Bogen uber die meisten Beitrage gespannt, aber auch der Weg des Instituts beschrieben, von den Anfangen und bis in die Zukunft hinein.

Download or read book General Catalogue of Printed Books written by British Museum. Department of Printed Books and published by . This book was released on 1971 with total page 1038 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legal standards on freedom of expression written by Singh, Avani and published by UNESCO Publishing. This book was released on 2018-12-31 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Library of Congress Catalog written by Library of Congress and published by . This book was released on 1974-10 with total page 1156 pages. Available in PDF, EPUB and Kindle. Book excerpt: A cumulative list of works represented by Library of Congress printed cards.

Download or read book Subject Index of Modern Books Acquired written by British Library and published by . This book was released on 1971 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Monographic Series written by Library of Congress and published by . This book was released on 1978 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Human Development Report 1995 written by United Nations Development Programme and published by Oxford University Press, USA. This book was released on 1995 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This sixth edition of the widely-respected Human Development Report updates the unique Human Development Indicators comparing human development in most countries of the world, and the data tables on all aspects of human development. This edition includes a special section that examines issues of gender, analyzing global trends in closing and widening gender gaps in different regions and countries. It presents new indicators of gender equality in order to rank countries on a global scale, while it highlights policies that have ensured equal access to opportunities for men and women. The issue also proposes new methodologies to measure and value unpaid contributions made by men and women to human development through household and community activities, and it identifies a new action agenda for promoting gender equality in the decades ahead.

Download or read book Organization Theory written by Mary Jo Hatch and published by Oxford University Press, USA. This book was released on 2013 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organization Theory offers a clear and comprehensive introduction to the study of organizations and organizing processes. It encourages an even-handed appreciation of the main perspectives defining our knowledge of organizations and challenges readers to broaden their intellectual reach. Organization Theory is presented in three parts: Part I introduces the reader to theorizing using the multi-perspective approach. Part II presents different core concepts useful for analysing and understanding organizations - as entities within an environment, as social structures, technologies, cultures and physical structures, and as the products of power and political processes. Part III explores applications of organization theory to the practical matters of organizational design and change, and introduces the latest ideas, including organizational identity theory, process and practice theories, and aesthetics. An Online Resource Centre accompanies this text and includes: For students: Multiple Choice Questions For registered adopters: Lecturer's guide PowerPoint slides Figures and tables from the book

Download or read book Urban Claims and the Right to the City written by Julian Walker and published by . This book was released on 2020-10-09 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Urban Claims and the Right to the City explores how contested processes of urban development, and the rights of city dwellers, are understood and interpreted from the perspective of women and men working, in different ways, at the grassroots in Salvador da Bahia, Brazil, and London, UK. In doing so, it represents the grounded voices of authors whose work and lives mean that they engage, on a daily basis, with issues related to housing and spatial rights, and identity struggles around race, gender, disability, sexuality, citizenship and class. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

Download or read book Empire in Transition written by Alfred Hower and published by University Press of Florida. This book was released on 2018-02-20 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The books in the Florida and the Caribbean Open Books Series demonstrate the University Press of Florida’s long history of publishing Latin American and Caribbean studies titles that connect in and through Florida, highlighting the connections between the Sunshine State and its neighboring islands. Books in this series show how early explorers found and settled Florida and the Caribbean. They tell the tales of early pioneers, both foreign and domestic. They examine topics critical to the area such as travel, migration, economic opportunity, and tourism. They look at the growth of Florida and the Caribbean and the attendant pressures on the environment, culture, urban development, and the movement of peoples, both forced and voluntary. The Florida and the Caribbean Open Books Series gathers the rich data available in these architectural, archaeological, cultural, and historical works, as well as the travelogues and naturalists’ sketches of the area in prior to the twentieth century, making it accessible for scholars and the general public alike. The Florida and the Caribbean Open Books Series is made possible through a grant from the National Endowment for the Humanities and the Andrew W. Mellon Foundation, under the Humanities Open Books program.