Download or read book Private International Law and Global Governance written by Horatia Muir Watt and published by OUP Oxford. This book was released on 2014-12-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
Download or read book The Politics of Time written by Achille Mbembe and published by John Wiley & Sons. This book was released on 2022-11-30 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: As we enter the third decade of the twenty-first century, the world is undergoing a major historical shift: Africa, and the Global South more generally, is increasingly becoming a principal theatre in which the future of the planet plays itself out. But not only this: Africa is at the same time emerging as one of the great laboratories for novel forms of social, economic, political, intellectual, cultural, and artistic life. Often arising in unexpected places, these new forms of life materialize in practices that draw deeply from collective memory while simultaneously assuming distinctly contemporary, even futuristic, guises. In November 2017, the second session of the Ateliers de la pensée – Workshops of Thought – was held in Dakar, Senegal. Fifty African and diasporic intellectuals and artists participated and their debates unfolded along numerous thematic lines, approached from the standpoints of many different disciplines. This volume is the result of that encounter. Among the many topics discussed were the concurrence and entanglement of multiple temporalities, the politics of life in the Anthropocene, the project of decolonization, and the preservation and transmission of different ways of knowing. At a time when the world is haunted by the specter of its own end, the contributors to this volume ask whether one can, by taking Africa as a point of departure, seize hold of other options for the future – not only for Africa, but for the world. The Politics of Time and its companion volume, To Write the Africa World, will be indispensable works for anyone interested in Africa – its past, present, and future – and in the new forms of critical thought emerging from Africa and the Global South.
Download or read book The Impact of the European Convention on Human Rights on Private International Law written by Louwrens R. Kiestra and published by Springer. This book was released on 2014-09-11 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.
Download or read book Recueil Des Cours Collected Courses of the Hague Academy of International Law written by Académie de droit international de La Haye and published by Martinus Nijhoff Publishers. This book was released on 1990-06-22 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Exclusive Jurisdiction in Intellectual Property written by Benedetta Ubertazzi and published by Mohr Siebeck. This book was released on 2012 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exclusive jurisdiction rules related to intellectual property rights cases are insufficiently supported by the arguments usually invoked in their favor. Benedetta Ubertazzi argues that such rules are even contrary to the public international law provisions on the avoidance of a denial of justice and should therefore be abandoned.--
Download or read book Family Religion and Law written by Prakash Shah and published by Routledge. This book was released on 2016-04-15 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.
Download or read book E Pluribus Unum Liber Amicorum Georges A L Droz on the Progressive Unification of Private International Law written by Georges Droz and published by Kluwer Law International B.V.. This book was released on 1996-06-07 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unification of Private International Law is a goal to which all the contributors to this impressive volume have committed themselves, and one which seems increasingly to attract the attention of legal practitioners, researchers, writers and legislators. The essays give a unique overview of the current state of the law with respect to those areas which have been unified, or which are susceptible to unification. Insights are given into national as well as international practice, and theoretical aspects have not been neglected.
Download or read book Les droits de l enfant dans les conventions internationales et les solutions retenues dans les pays arabo musulmans written by Academie de Droit International de la Haye and published by Martinus Nijhoff Publishers. This book was released on 1999-09-22 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: - Les droits de l'enfant dans les conventions internationales et les solutions retenues dans les pays arabo-musulmans, part A. MOULAY RCHID, professeur à l'Université de Rabat; - Environmental Damage in Private International Law by C. VON BAR, Professor at the University of Osnabrück.
Download or read book Debating Sharia written by Anna Korteweg and published by University of Toronto Press. This book was released on 2012-05-03 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Islamic Institute of Civil Justice announced it would begin offering Sharia-based services in Ontario, a subsequent provincial government review gave qualified support for religious arbitration. However, the ensuing debate inflamed the passions of a wide range of Muslim and non-Muslim groups, garnered worldwide attention, and led to a ban on religiously based family law arbitration in the province. Debating Sharia sheds light on how Ontario's Sharia debate of 2003-2006 exemplified contemporary concerns regarding religiosity in the public sphere and the place of Islam in Western nation states. Focusing on the legal ramifications of Sharia law in the context of rapidly changing Western liberal democracies, Debating Sharia approaches the issue from a variety of methodological perspectives, including policy and media analysis, fieldwork, feminist examinations of the portrayals of Muslim women, and theoretical examinations of religion, Sharia, and the law. This volume is an important read for those who grapple with ethnic and religio-cultural diversity while remaining committed to religious freedom and women's equality.
Download or read book Muslims in the Enlarged Europe written by Brigitte Marechal and published by BRILL. This book was released on 2003-09-01 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume describes a clear and overall overview on contemporary European Islam, dealing with both Western and Eastern sides. Based on wide bibliographic research as well as original national contributions from recognised scholars, it is concerned with the process of construction of Islam as well as its co-inclusion in the European societies. Muslims in the Enlarged Europe has been selected by Choice as Outstanding Academic Title (2005).
Download or read book Report of the Conference written by International Law Association. Conference and published by . This book was released on 1907 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: The association's Report of the executive council, 1913/15, includes papers prepared for a proposed 1914 conference at the Hague.
Download or read book Recueil Des Cours Collected Courses 1966 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Download or read book Muslims in the West After 9 11 written by Jocelyne Cesari and published by Routledge. This book was released on 2009-12-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first systematic attempt to study the situation of European and American Muslims after 9/11, and to present a comprehensive analysis of their religious, political, and legal situations. Since 9/11, and particularly since the Madrid and London bombings of 2004 and 2005, the Muslim presence in Europe and the United States has become a major political concern. Many have raised questions regarding potential links between Western Muslims, radical Islam, and terrorism. Whatever the justification of such concerns, it is insufficient to address the subject of Muslims in the West from an exclusively counter-terrorist perspective. Based on empirical studies of Muslims in the US and Western Europe, this edited volume posits the situation of Muslim minorities in a broader reflection on the status of liberalism in Western foreign policies. It also explores the changes in immigration policies, multiculturalism and secularism that have been shaped by the new international context of the ‘war on terror’. This book will be of great interest to students of Critical Security Studies, Islamic Studies, Sociology and Political Science in general. Jocelyne Cesari is an Associate at Harvard’s Center for Middle Eastern Studies and the Center for European Studies, teaching at Harvard Divinity School and the Government Department, specializing in Islam and the Middle East.
Download or read book Collected courses of the Hague Academy of International Law written by Hague Academy of International Law and published by . This book was released on 1926 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cultural Diversity and the Law written by Marie-Claire Foblets and published by . This book was released on 2010 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Muslim Family Law in Western Courts written by Elisa Giunchi and published by Routledge. This book was released on 2014-03-26 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.
Download or read book Recueil Des Cours Collected Courses 1965 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
