Download or read book Successioni transfrontaliere tra diritto interno e diritto internazionale written by Costanza Marrese and published by Key Editore. This book was released on 2019-09-20 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: La residenza abituale del defunto al momento della morte è il nuovo criterio di collegamento per la determinazione della legge applicabile e della competenza in materia di successioni transfrontaliere (Reg. U.E. 650/2012). Questo criterio -elaborato dal legislatore europeo per ottenere un sistema uniforme fra gli Stati, facilitare il family planning, garantire la coincidenza tra forum e ius e favorire l’integrazione sociale e giuridica delle persone- prende il posto della disciplina di diritto internazionale privato nazionale previgente in materia di successioni. Gli obiettivi di questo studio sono quelli di esaminare le caratteristiche del nuovo criterio di collegamento, fornire indicazioni pratiche agli operatori e proporre elementi de iure condendo volti a semplificare il sistema. Nella prima parte dello studio, dopo il confronto con la legge nazionale previgente, si analizzano la residenza abituale e le relative deroghe contenute nel Regolamento europeo. Nella seconda parte, invece, si indaga sui vantaggi e gli svantaggi di questo criterio, suggerendo all’operatore le linee guida per superare le difficoltà applicative e al legislatore europeo elementi de iure condendo.
Download or read book Successioni transfrontaliere tra diritto interno e diritto internazionale Il tema della residenza abituale written by Costanza Marrese and published by . This book was released on 2019 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Stockholm Arbitration Yearbook 2020 written by Axel Calissendorff and published by Kluwer Law International B.V.. This book was released on 2020-11-27 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year, Stockholm is the arbitration seat of choice for numerous parties endeavouring to resolve international disputes. It is the second most used venue for investment disputes, and it is often the venue for disputes arising from the Energy Charter Treaty. This annual publication, launched under the auspices of the Stockholm Centre for Commercial Law, is designed to meet the information needs of arbitration practitioners and parties from all over the world. The present edition provides authoritative chapters, some of them with a Swedish angle, that address current matters of global concern in arbitration, including the following: dispute resolution in the financial sector; emergency arbitration; recent Swedish case law related to arbitration and in particular one seminal case; arbitrator liability; the right to a public hearing in arbitration; and squeeze-out arbitration. The Yearbook provides both perspective and detailed analyses that will be welcomed by arbitration practitioners, counsel, and judges deciding arbitration cases. It will also provide valuable insights for arbitration academics, in-house counsel at multinational companies, and arbitral institutions worldwide.
Download or read book The Rule of Law History Theory and Criticism written by Pietro Costa and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.
Download or read book Law in Times of Crisis written by Oren Gross and published by Cambridge University Press. This book was released on 2006-10-30 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
Download or read book Unnaturally French written by Peter Sahlins and published by Cornell University Press. This book was released on 2018-08-06 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his rich and learned new book about the naturalization of foreigners, Peter Sahlins offers an unusual and unexpected contribution to the histories of immigration, nationality, and citizenship in France and Europe. Through a study of foreign citizens, Sahlins discovers and documents a premodern world of legal citizenship, its juridical and administrative fictions, and its social practices. Telling the story of naturalization from the sixteenth to the early nineteenth centuries, Unnaturally French offers an original interpretation of the continuities and ruptures of absolutist and modern citizenship, in the process challenging the historiographical centrality of the French Revolution.Unnaturally French is a brilliant synthesis of social, legal, and political history. At its core are the tens of thousands of foreign citizens whose exhaustively researched social identities and geographic origins are presented here for the first time. Sahlins makes a signal contribution to the legal history of nationality in his comprehensive account of the theory, procedure, and practice of naturalization. In his political history of the making and unmaking of the French absolute monarchy, Sahlins considers the shifting policies toward immigrants, foreign citizens, and state membership.Sahlins argues that the absolute citizen, exemplified in Louis XIV's attempt to tax all foreigners in 1697, gave way to new practices in the middle of the eighteenth century. This "citizenship revolution," long before 1789, produced changes in private and in political culture that led to the abolition of the distinction between foreigners and citizens. Sahlins shows how the Enlightenment and the political failure of the monarchy in France laid the foundations for the development of an exclusively political citizen, in opposition to the absolute citizen who had been above all a legal subject. The author completes his original book with a study of naturalization under Napoleon and the Bourbon Restoration. Tracing the twisted history of the foreign citizen from the Old Regime to the New, Sahlins sheds light on the continuities and ruptures of the revolutionary process, and also its consequences.
Download or read book The Future of International Migration to OECD Countries written by OECD and published by OECD Publishing. This book was released on 2009-09-02 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking to the year 2030, this volume explores the social, economic and environmental forces which, in OECD countries, may combine to attract migrants of various types and backgrounds, and which, primarily in the developing world, may persuade people to leave or stay at home.
Download or read book Recognition of Foreign Administrative Acts written by Jaime Rodríguez-Arana Muñoz and published by Springer. This book was released on 2015-12-11 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an analysis of the concept of the administrative act and its classification as ‘foreign’, and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy and enforceability of foreign administrative acts at national level. The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.
Download or read book Universal Civil Jurisdiction written by Serena Forlati and published by BRILL. This book was released on 2020-10-12 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.
Download or read book Conflict of Laws in the People s Republic of China written by Zheng Sophia Tang and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.
Download or read book ICC Arbitration in Practice written by Herman Verbist and published by Kluwer Law International B.V.. This book was released on 2015-12-19 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rules of Arbitration of the International Chamber of Commerce - commonly referred to as the ICC Rules — are the rules most frequently used in commercial disputes between business partners from different countries. Since they were first launched in 1922, these Rules have been applied in over 21,000 cases. The second revised edition of this eminently practical volume provides an article-by-article commentary of the current version of the ICC Rules of Arbitration in force as from 1 January 2012. Using clear and concise language, unencumbered by footnotes and illustrated by flow diagrams, the authors guide the reader through the various stages of ICC arbitration proceedings, from initiation to the final award. This thorough analysis is enhanced with other invaluable material, including: • a digest of statistics relating to ICC arbitration for the years 2009 to 2013; • references to selected national arbitration laws and to the UNCITRAL Model Law on International Commercial Arbitration; • a bibliography, including useful web sites; and • a separate chapter on ICC’s other dispute resolution services, such as mediation, expert proceedings, dispute boards, DOCDEX and the pre-arbitral referee procedure. Appendices provide the reader with the texts of ICC’s various dispute resolution rules and other relevant documents. The authors, all practicing lawyers, have all worked as counsel at the Secretariat of the ICC International Court of Arbitration. They have gone on to represent parties and act as arbitrators in many international proceedings. They also serve as mediators and party representatives in international mediations. They are also members of the ICC Commission on Arbitration and ADR and participated in the discussions leading to the 2012 ICC Rules of Arbitration. Written from a practical perspective, this book remains an essential resource for company lawyers who wish to familiarize themselves with ICC arbitration, assess the pros and cons of entering into an arbitration clause referring to the ICC Rules, or obtain information and guidance on how to proceed in a given situation. Arbitration practitioners will find useful information on the practice of ICC arbitration, including various notes of the ICC Court Secretariat and reports of the ICC Commission on Arbitration and ADR.
Download or read book Clarkson Hill s Conflict of Laws written by Jonathan Hill and published by Oxford University Press. This book was released on 2016 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clarkson & Hill's Conflict of Laws provides a detailed account of the topics taught on private international law courses, reflecting the profound changes that the subject has undergone in recent years. Focusing on key principles in an engaging and approachable style, this text is key reading for private international law students.
Download or read book Arbitration and International Trade in the Arab Countries written by Nathalie Najjar and published by BRILL. This book was released on 2017-10-23 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.
Download or read book An Introduction to International Arbitration written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2015-08-10 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise yet comprehensive textbook introduces the reader to the law and practice of international arbitration. Arbitration is a complex field due to the variety of disciplines involved and necessitates an approach that takes nothing for granted. Written by a renowned scholar and practitioner, this book explains the divergent issues of civil procedure, contracts, conflict of laws, international law amongst others in an accessible manner. Focusing mainly on international commercial arbitration, the book also features a distinct chapter on consumer and online arbitration and an equally comprehensive chapter on international investment arbitration.
Download or read book Social Control and Justice written by Maria João Guia and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a fresh, multi-disciplinary, and international examination of a phenomenon that has altered the landscape of migration in the United States and is now taking root in Canada and throughout Europe: 'crimmigration law.' Crimmigration law consists of the letter and practice of laws and policies at the intersection of criminal law and immigration law. Crimmigration scholars study the creation of laws and policies, their enforcement, as well as the institutional dynamics that create crimmigration law and are created by it. Many have written about the use of crimmigration law to exert social control over groups marginalized by ethnic bias, class, or citizenship status. This book's contents include: Crimmigration, Securitization, and the Criminal Law of the Crimmigrant * A Reflection on Crimmigration in the Netherlands * Entering the Risk Society: A Contested Terrain for Immigration Enforcement * The Changing Landscape of the Criminalization of Migration in Europe * Disappearing Rights: How States Are Eroding Membership in American Society * The Impact of Immigration Enforcement Outsourcing on Ice Priorities * The Spirit of Crimmigration * Crime and Immigration: The Discourses of Fear as a Theoretical Approach of Critical Evaluation * Recorded Crime Committed by Migrant Groups and Native Dutch in the Netherlands * The Foreign-Born in the Canadian Federal Correctional Population * The Impact of Safety on Levels of Ethnocentrism * The Control of Irregular Migrants and the Criminal Law of the Enemy * Crime among Irregular Immigrants and the Influence of Crimmigration Processes * The Wide Scope of Immigration in the Azores and Its Relationship with Crime * Irregular Immigrants and Their Irish Citizen Children: The Limits of National Citizenship * The Treaty of Prum * Unauthorized Migration
Download or read book The Capitulations and the Ottoman Legal System written by Maurits van den Boogert and published by BRILL. This book was released on 2020-11-23 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study sheds new light on the legal position of Westerners and their Ottoman protégés (berātlıs) by investigating the dynamic relations between Islamic judges and foreign consuls in the Ottoman Empire, providing detailed case studies and critical analyses of theory, perception, and practice.
Download or read book The Recovery of Maintenance in the EU and Worldwide written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grew out of a major European Union (EU) funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. The project involved carrying out analytical research on the implementation into national law of the EU Regulation and empirical research on the first year of its operation in practice. The project also engaged international experts in a major conference on recovery of maintenance in the EU and worldwide in Heidelberg in March 2013. The contributions in this book are the revised, refereed and edited versions of the best papers that were given at the conference. The book is divided into four parts: (i) comparative context (ii) international, looking at national and non-European regional practice and how the Hague Convention could change things; (iii) international and the EU, looking at issues covered by both the Hague Convention and the EU Regulation; and (iv) the EU - looking at the Maintenance Regulation. This is the first study to look carefully at both of the new cross-border maintenance regimes globally and in Europe and to begin the examination of the practical operation of the latter regime. The approval of the Hague Convention by the EU on 9 April 2014 is a major step forward for its practical significance in enabling the recovery of child and spousal support, as from 1 August 2014 all of the 28 EU Member States apart from Denmark will be bound by the Convention.
