Download or read book Effective Enforcement of Creditors Rights written by Masahisa Deguchi and published by Springer. This book was released on 2022-11-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors’ assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors’ rights to an efficient enforcement with the debtors’ rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests. This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors’ assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.
Download or read book Challenging the Law Enforcement Organization written by Jack E. Enter and published by . This book was released on 2006-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Enforcement and Effectiveness of Consumer Law written by Hans-W. Micklitz and published by Springer. This book was released on 2018-07-06 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.
Download or read book Effective Enforcement of Creditors Rights written by Masahisa Deguchi and published by Springer Nature. This book was released on 2021-11-27 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors’ assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors’ rights to an efficient enforcement with the debtors’ rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests. This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors’ assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.
Download or read book Effective Law Enforcement Report Writing written by Larry E. Holtz and published by . This book was released on 2016 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Enforcing Pollution Control Regulation written by Carolyn Abbot and published by Bloomsbury Publishing. This book was released on 2009-05-18 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monitoring and enforcement issues must be analysed when determining the effectiveness of pollution control regulation, and clearly influence choices about how to regulate. This book demonstrates how an economic analysis of law enforcement can generate important insights into how best to enforce pollution control regulation. It seeks to provide a clear and accessible way into the law and economics literature on enforcement. More specifically, it uses Gary Becker's deterrence model which, by differentiating between two enforcement variables (namely the probability of apprehension and conviction and the severity of sanction), facilitates a comparison of the effectiveness of different enforcement tools in inducing desirable behaviour. As such, it provides a valuable analytical tool in considering how best to pursue cost-effective enforcement. Major themes to be addressed include Becker's deterrence model and expansions thereof, reasons for compliance, environmental enforcement strategies and the importance of a deterrence threat and formal pollution control law enforcement mechanisms such as prosecution and criminal sanctions, administrative mechanisms and civil liability. The book argues that in pursuing cost-effective enforcement much can be learned from examining enforcement practices in different jurisdictions, and to this end the author examines pollution control laws, enforcement strategies and sanctions in Australia, Canada and England and Wales. The book makes an important contribution to existing literature on environmental law enforcement, but its value extends beyond this. The theoretical framework adopted and the range of issues discussed make it of interest to regulatory and public law scholars more generally.
Download or read book Drug Law Enforcement Strategies written by Thomas D McKay and published by Aspatore Books. This book was released on 2011 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drug Law Enforcement Strategies provides an authoritative, insider's perspective on the intricacies of drug crimes, investigations, and trials. Featuring law enforcement officials from around the country, this book guides the reader through the latest trends in the narcotics arenaincluding new drugs entering the market, the medical marijuana controversy, and the role of technology in investigationswhile analyzing how these issues are impacting procedures. These skilled authors highlight proven methods for embarking on an investigation, creating drug-specific case strategies, working with informants, going undercover, and setting short- and long-term goals for an investigation. Looking at the investigator's role in bringing a drug case to court, they also explain how to supply effective evidence, work successfully with prosecutors, and anticipate questions from defense attorneys. Additionally, these leaders reveal their strategies for collaborating with other agencies, training investigators, and coping with shrinking budgets and limited manpower. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced officers offer up their thoughts on the keys to success within this ever-evolving field.
Download or read book Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law written by Marie Mercat-Bruns and published by Springer. This book was released on 2018-06-30 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.
Download or read book Enforcement mechanisms and their effects on international law written by Yasmeen Muyano and published by GRIN Verlag. This book was released on 2019-06-26 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2019 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 2.50, University of Santo Tomas (Faculty of Arts and Letters), course: Legal Management, language: English, abstract: In this essay I will explore the status of enforcement mechanisms used in international law and their effect on the overall effectivity of the law, using, principles, treaties, major researches and related jurisprudence. Effectiveness of law refers to whether the law has changed a state’s behavior from what it would have been in the absence of the law. In order for a law to be effective, parties must agree to comply to it. For this reason, the international committee provides enforcement mechanisms, which are methods used to induce compliance and increase cooperation from international bodies. These enforcement mechanisms fulfil a state's immediate interests. However, despite using these enforcement mechanisms, the international committee currently faces non-compliance and the possible unenforceability of the International Court of Justice as one of the major problems encountered in international law. Why is non-compliance still a major problem in international law if enforcement mechanisms are already in use?
Download or read book Strong Effective Enforcement Brings Michigan Industries to the Table written by and published by . This book was released on 1995 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Making Employment Rights Effective written by Linda Dickens and published by Bloomsbury Publishing. This book was released on 2012-10-02 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been an enormous expansion of individual employment rights in Britain but their practical impact in terms of delivering fairer workplaces can be questioned. Taking as its starting point the widespread acknowledgement of problems with the major enforcement mechanism, the Employment Tribunals, this collection brings together experts from law, sociology and employment relations to explore a range of alternative regulatory and non-regulatory approaches to enforcement and to securing compliance and to consider factors affecting variation in the extent to which legal rights have meaning and impact at the workplace. Thus this book addresses issues key to contemporary policy and academic debate. Chapters discuss the growth in employment rights and their enforcement mechanisms (Gillian Morris), problems with the employment tribunal system and the current and potential role of alternative dispute resolution (Linda Dickens); reflect on the long experience of enforcement of equality rights (Bob Hepple) and agency enforcement of health and safety legislation under the 'better regulation' agenda (Steve Tombs and David Whyte); evaluate the potential of various 'reflexive law' mechanisms, including corporate governance (Simon Deakin, Colm McLaughlin and Dominic Chai), and of procurement (Christopher McCrudden) as strategies for delivering fairness at the workplace. Factors influencing how statutory rights shape workplace practice are illuminated further in chapters on trade unions and individual legal rights (Trevor Colling), the management of employment rights (John Purcell) and regulation and small firms (Paul Edwards).The opening chapter (Dickens) makes the case for addressing issues of enforcement and compliance in terms of adverse treatment at work, while the final chapter (Dickens) considers why successive governments have been reluctant to act and outlines steps which might be taken - were there sufficient political will to do so - to help make employment rights effective in promoting fairer workplaces.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book New Directions in the Effective Enforcement of EU Law and Policy written by Sara Drake and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralized enforcement. The contributors evaluate the traditional ‘dual vigilance’ framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance. This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy-makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy.
Download or read book Fair and Effective Enforcement of the Antitrust Laws S 1874 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust and Monopoly and published by . This book was released on 1977 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Centralised Enforcement Legitimacy and Good Governance in the EU written by Melanie Smith and published by Routledge. This book was released on 2009-09-10 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States’ conduct. Article 226 has been traditionally characterised as an arena of secretive negotiation focused on the sole function of effective enforcement. This study seeks to move beyond this approach by characterising Article 226 as a multi-functional mechanism within the Treaty. It does this by examining the central mechanism of enforcement through the normative lenses of legitimacy, good administration and good governance. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. Scholars and policy-makers whose work explores Article 226 will find this work especially relevant. It will also appeal to those who are interested in enforcement and regulation in the international/EU arena, as well as those whose work considers concepts such as good governance, legitimacy, and accountability in the EU. It is also relevant to scholars engaged in the study of institutions and processes of interaction and change.
Download or read book Compliance and Enforcement in Environmental Law written by LeRoy Paddock and published by Edward Elgar Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a comprehensive coverage of the challenges in ensuring effective compliance and enforcement in environmental law from the international to the local level. It will make a significant contribution to the growing body of literature in this area and be of interest to practitioners, scholars and administrators alike. The IUCN Academy of Environmental Law is proud to join with Edward Elgar in the publication of this seminal work as the first in a new series based on the annual Colloquia of the Academy. Compliance and enforcement are critical elements of assuring that international environmental treaties and domestic environmental laws actually produce desired environmental outcomes. This timely work provides a comprehensive worldwide perspective on how to assure compliance with and enforcement of environmental laws more effectively. Bringing together both leading academics and environmental professionals from 15 countries, the book addresses a range of key issues including the enforcement of multilateral agreements, compliance strategies and tools, the role of courts and citizens, protection of natural resources, and compliance issues related to economic instruments. Publisher's note.
