Download or read book Foreign Courts written by Volkmar Gessner and published by Dartmouth Publishing Company. This book was released on 1996 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 643 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 International Civil Litigation in United States Courts written by Gary Born and published by Aspen Publishers. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The law governing international civil litigation has changed dramatically in the five years since the fourth edition was published. Recent decisions of the United States Supreme Court have had a significant impact on fields such as personal jurisdiction, sovereign immunity, and extraterritoriality. This current edition reflects those changes and raises important questions about the broader implications of those decisions ... Developments in this field are of course not limited to the United States. While the book still focuses primarily on United States law, the current edition deliberately incorporates more excerpts, more extensive references, and more questions concerning foreign law, especially European law. In part, this reflects an important reality--that successful practice in this area, even for the United States lawyer, requires a keen understanding of other legal systems". -- PREFACE OF THE FIFTH EDITON.
Download or read book International Civil Litigation in United States Courts written by Gary B. Born and published by Aspen Publishing. This book was released on 2018-04-14 with total page 1833 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Civil Litigation in United States Courts is the essential, comprehensive law school text for the current and future international litigator or international corporate lawyer. Covering all the topics discussed in competing texts and more, this casebook seamlessly combines international litigation, conflict of laws, and comparative civil procedure. This Sixth Edition includes excerpts and updated discussion of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics, including foreign sovereign immunity, choice of law, antisuit injunctions, legislative jurisdiction, service of process on non-U.S. citizens, international discovery, foreign judgment enforcement, and international arbitration. Key Features: Updates on recent US Supreme Court and other significant U.S. court decisions, including Daimler AG v. Bauman, BNSF Ry. Co. v. Tyrrell, Bristol-Myers Squibb Co. v. Superior Court of Cal., Water Splash, Inc. v. Menon, and more. Updated discussion of international law and national law from Europe, the Middle East, and Asia. Revised Notes on recent developments and current topics such as terrorism, proof of foreign law, and judicial jurisdiction.
Download or read book Foreign Law in Civil Litigation written by Sofie Geeroms and published by OUP Oxford. This book was released on 2004-01-29 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides an analysis of how foreign law should be pleaded and dealt with in the litigation process of another country. What weight should the trial court give to the relevant foreign law, and how should it decide what the foreign law actually is? The way foreign law is procedurally treated in court indicates to a certain extent the degree of tolerance of a legal system towards foreign ideas. The book compares how these issues are handled in different national systems, with particular focus upon civil litigation rules in the US, UK, France, Germany, the Netherlands, and Belgium.
Download or read book International Civil Litigation in United States Courts Commentary and Materials written by Gary B. Born and published by Springer. This book was released on 1992-01-13 with total page 964 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 1989.
Download or read book Foreign Law in English Courts written by Richard Fentiman and published by Clarendon Press. This book was released on 1998 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the pleading and proof of foreign law in English courts. Fentiman argues that the law is both more complex and more defensible than had previously been supposed. By providing a practical guide to the subject, he presents the conflict of laws in a way which is both novel and illuminating.
Download or read book Civil Litigation in a Globalising World written by X.E. Kramer and published by Springer Science & Business Media. This book was released on 2012-02-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.
Download or read book International Litigation written by David J. Levy and published by American Bar Association. This book was released on 2003 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Co Operation in Litigation Europe written by Hans Smit and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reports collected in this book were prepared at the initiative and under the auspices of the Project on International Procedure of the School of Law of Columbia University within the framework of its co-operation with the Commission on International Rules of Judicial Procedure, a body created by Act of Congress of September 2, 1958, 72 Stat. 1743. The Commission is charged with studying domestic and foreign procedures of international co-operation in litigation with a view to suggesting improvements. Since June 1960, the Project has assisted the Commission in carrying out this statutorily assigned task. Work on the reports here presented was begun in the fall of 1960. The Project invoked the assistance of an active practitioner in each of the foreign countries se1ected and submitted to hirn an extensive questionnaire summarizing American procedures and posing detailed quest ions about foreign practices. The elaborate answers to these questionnaires provided the information on which the American co authors relied in drafting the English versions of the reports. By having proceeded in this fashion, the Project hopes to have prepared reports that reflect the knowledge and experience of the foreign practitioners and at the same time are drafted in terms intelligible to common law lawyers. Furthermore, to ensure that the reports would take due account of official views, in almost all instances, final drafts of the reports were submitted for comments and suggestions to appropriate foreign public officials.
Download or read book Application of Foreign Law written by Carlos Esplugues Mota and published by Walter de Gruyter. This book was released on 2011-03-30 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.
Download or read book International Civil Procedure written by World Law Group Member Firms and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 860 pages. Available in PDF, EPUB and Kindle. Book excerpt: A desk reference for lawyers and their clients faced with the prospect of litigation in foreign jurisdictions, this book is a guide to the civil procedure rules and practices in thirty-two major countries and in the European Community. Local rules relating to arbitration and, where available, mediation are also covered.
Download or read book International Co operation in Civil Litigation written by Columbia University. School of Law. Project on International Procedure and published by . This book was released on 1961 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A report on practices and procedures prevailing in the United States."--T.p.
Download or read book Litigating in America written by Stephen N. Subrin and published by Aspen Publishing. This book was released on 2015-02-09 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed to introduce American civil litigation and process to a wide audience: foreign LL.M. students, beginning American law students, undergraduates interested in law, and foreign lawyers, judges, and law professors. This succinct new paperback Litigating in America: Civil Procedure in Context explains the institutional bases and legal meaning of our procedural system, and captures American civil process at a time of change. It presents American civil procedure from several vantage points: the procedural doctrine that has evolved over time; the practical implications of that doctrine; the social context in which the doctrine grew, is used and abused; and the global context of how other systems may have made different choices. It is an excellent supplement to any casebook.
Download or read book The Case for an International Court of Civil Justice written by Maya Steinitz and published by . This book was released on 2019 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.
Download or read book International Civil Litigation written by Ralph Gustav Steinhardt and published by . This book was released on 2002 with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Foreign Law written by Otto C. Sommerich and published by . This book was released on 1959 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
