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 The Regulatory Function of European Private Law written by Fabrizio Cafaggi and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In twelve topical papers, written by renowned experts in distinct areas of the law, the reader will find out how private law and private international law instruments can serve public policy goals (such as the protection of the environment, product safety or services of general economic interest) and how these instruments interact with regulation in the proper sense. A must for those who want to explore the borderline if it exists between public and private law in the EU. Jules Stuyck, Leuven University, Belgium In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration? The editors argue that because national categories are of little help in grasping the characteristics of a multi-level regulatory system, it is necessary to link three perspectives: private law, regulation and conflict of laws. This book explores this interaction in four distinct fields: product liability, environmental protection, public utilities and e-commerce. The results show that EPL is highly regulatory and that the implications of this change have not been adequately considered by institutions and by scholars. The Regulatory Function of European Private Law will be of great interest to academics of law, as well as to private and public lawyers and European policymakers.
Download or read book Choice of Law in Copyright and Related Rights written by Mireille M. M. van Eechoud and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
Download or read book Status of Children Arising from Inter country Surrogacy Arrangements written by Michael Wells-Greco and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a comparative review of eight legal systems, this book examines the legal aspects of parenthood and nationality following inter-country surrogacy arrangements and the influence of European and international human rights law on the determination of parentage, the establishment of nationality, and the prevention of statelessness, as well as identity rights, continuation of relationship rights, and, more broadly, child protection. The research considers whether national laws on parenthood and the establishment of nationality sufficiently protect the interests of the surrogate-born child, as well as the parties to a surrogacy arrangement in accordance with identifiable standards under European and international human rights law. Soft law and hard law recommendations are provided to protect the interests of these children. Thesis. *** Librarians: ebook available [Subject: International Law, European Law, Human Rights Law, Family Law, Children's Law, Comparative Law]
Download or read book The International Protection of Adults written by Richard Frimston and published by Oxford University Press, USA. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the only comprehensive analysis of the key issues in relation to mental capacity in 52 jurisdictions, delivered by renowned experts in the field. Contains full details of the practical issues involved in advising in cases involving Convention XXXV.
Download or read book United Nations Juridical Yearbook 1987 written by United Nations Staff and published by . This book was released on 1997 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers legislative texts and treaty provisions relating to the legal status of the UN and related intergovernmental organizations; a review of the legal activities, the treaties concerning international law, and the decisions of administrative tribunals of the UN and related intergovernmental organizations; selected legal opinions of the secretaries and judicial decisions on questions relating to the UN and related intergovernmental organizations; and a bibliography. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book State of World Aquaculture 2006 written by Food and Agriculture Organization of the United Nations. Inland Water Resources and Aquaculture Service and published by Food & Agriculture Org.. This book was released on 2006 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aquaculture is developing, expanding and intensifying in almost all regions of the world, except in sub-Saharan Africa. Although the sector appears to be capable of meeting the gap between future demand and supply for aquatic food, there are many constraints and challenges which must be addressed in order to at least maintain the present level of per capita consumption at the global level. Key issues are the need for enhanced enforcement of regulation and better governance of the sector, as well as greater producer participation in the decision-making and regulation process. This publication examines past trends in aquaculture development as well as the current global status, drawing on a number of national and regional reviews.
Download or read book Forum Shopping in the European Judicial Area written by Pascal de Vareilles-Sommières and published by Bloomsbury Publishing. This book was released on 2007-12-18 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the issues left untouched by the Brussels Convention of 27 September 1968 (and by the Brussels-1 Regulation replacing it) concerns the leeway left to domestic courts when applying European rules on international jurisdiction in civil and commercial matters. For instance, is the court under a duty of strict compliance with the jurisdiction rule as it is drafted? Would such a duty go so far as to require the court to abide by the jurisdiction rule, even though it is being used by one of the litigants to achieve an unfair result, for example to delay adjudication on the merits? Under what conditions may the Court decline jurisdiction on account of any unsuitable forum shopping, thus ruling out the European provision on jurisdiction? Recent litigation in the ECJ has yielded rather, even excessively, restrictive answers, ruling out any discretion by domestic courts to remedy any inconvenience arising from the strict application of the European provisions, if such discretion were provided for by the lex fori (the Gasser case, the Turner case, and the Owusu case). This series of rulings from the ECJ raises several questions. Most observers have questioned the appropriateness of prescribing a blind application of European rules on jurisdiction by domestic courts, relying on the legal traditions of EC Member States usually providing for corrective mechanisms - such as 'forum non conveniens' in English Law and 'exception de fraude' in French Law - in cases when a party abusively triggers the jurisdiction of a court in order to obtain an unjust advantage, thus practising unacceptable forum shopping. The time has now come for an analysis, under both Community and comparative law, of the ramifications of the recent Gasser/Turner/Owusu cases. Readers will find in this book a collection of studies by some of the leading English and French experts today, analysing the ins and outs of jurisdiction and forum shopping in Europe.
Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
Download or read book 2nd Pan African Symposium on the Sustainable Use of Natural Resources in Africa written by Bihini won wa Musiti and published by IUCN. This book was released on 2003 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bilingual publication results from a four-day symposium aimed at capturing the general directions and analytical issues that characterize approaches to sustainable use in Africa. The papers included in this work are organized under four major headings: modes of use, devolution, scale issues and external issues. Authors explore these themes through the use of case studies and the description of specific regional experiences. External issues are further explored in a series of commissioned policy papers which have also been included.
Download or read book The European Union After the Treaty of Lisbon written by Diamond Ashiagbor and published by Cambridge University Press. This book was released on 2012-04-16 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of some of the most controversial aspects of the European Union's Lisbon Treaty.
Download or read book The Work of the International Law Commission written by Vereinte Nationen International Law Commission and published by . This book was released on 2007 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transnational Governance and Constitutionalism written by Christian Joerges and published by Bloomsbury Publishing. This book was released on 2004-06-30 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.
Download or read book Comparative Law in the 21st Century written by Andrew Harding and published by Springer. This book was released on 2002-06-03 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Comparative Law in the 21st Century confronts all these looming issues from a vantage point that reveals the broad contours of law as practised and studied today and tomorrow, highlighting fast-moving trends that were unsuspected as little as two decades ago. It is a volume of great significance and value for all thinking lawyers, both practising and academic."--BOOK JACKET.
Download or read book Global Phenomena and Social Sciences written by Jean-Sylvestre Bergé and published by Springer. This book was released on 2017-10-26 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers new perspectives on global phenomena that play a major role in today’s society and deeply shape the actions of individuals, organizations and nations. In a complex and rapidly changing environment, decision-makers need to gain a better understanding of global phenomena to adapt and to anticipate the evolution of the global context. The authors—ten renowned international scholars of anthropology, economics, law, management and political science—propose an interdisciplinary and comparative approach to social sciences. They analyse how international phenomena, such as globalisation or transnationalisation, transform the disciplines of social sciences from an epistemological standpoint. Explaining what ‘global' means in difference disciplines, the authors analyse several global phenomena that characterise today’s international environment such as the circulation of norms and ideas, the linkages between war and globalization, corporate governance, and the impact of multinational enterprises on sustainable development and poverty reduction. Providing examples of analytical disciplinary approaches and guidelines for decision-makers in a fast-changing global context this book will be useful to scholars and students of anthropology, economics, law, management and political science as well as practitioners in the private and public sectors.
Download or read book Yearbook of Private International Law written by Petar Sarcevic and published by sellier. european law publ.. This book was released on 2004-06-30 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 2005 on the Yearbook of Private International Law is published by S.ELP in cooperation with the Swiss Institute of Comparative Law. This English-language annual publication provides analysis and information on private international law developments world-wide. The Editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, The Hague Academy, UNCITRAL and UNIDROIT. The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners.
Download or read book European State Aid Law written by Louis Vogel and published by . This book was released on 2020 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: European State Aid Law' provides a wide-ranging comparative review of the applicable European rules: prohibited aid, compatible aid, control procedure.00Extensively referencing case law and legislative and regulatory sources, 'European State Aid Law' interprets the various complex rules and illustrates how they may interact and develop.
