Download or read book Transnational Due Process and Article V 1 b of the New York Convention written by Dan Xie and published by Kluwer Law International B.V.. This book was released on 2024-06-18 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely regarded as the most important ground for refusal under the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), Article V(1)(b), commonly referred to as the ‘due process’ clause, is interpreted in diverse ways across jurisdictions. This book not only thoroughly examines the variety of approaches to the clause adopted by different national courts but also presents a particular understanding of the transnational approach to the due process defence grounded in the interpretative framework of the Vienna Convention on the Law of Treaties. Drawing on insights and methods from comparative law that consider not only national legal systems but also international commercial arbitration and other international legal regimes, the author specifically leverages the principle of audiatur et altera pars and subsequent state practice. Among the matters examined are the following: threshold requirements for the due process defence; policy considerations of and relevant limits to the interpretation and application of the due process defence; proper notice of the appointment of the arbitrator or of the arbitration proceedings; opportunity to present a case and equal treatment; and the lex arbitri, lex fori, and uniform transnational approaches to the applicable law for the due process defence. The book includes a detailed comparative analysis of numerous domestic judicial decisions across jurisdictions. A comprehensive bibliography includes references to cases, awards, treaties, UN Documents, legislation, institutional rules, and soft laws. The book shows clearly how an understanding of transnational due process grounded in the interpretative framework mandated by international law can contribute to the uniform interpretation and application of Article V(1)(b), thus contributing to debates on the decentralised interpretation of international law by domestic courts. Resolving a range of practical questions about the precise content of the due process defence, the book’s stable and principled framework for interpreting the due process defence will be greatly appreciated by arbitration professionals. Judges will benefit from its endorsement of international judicial cooperation through the recognition and consideration of foreign court decisions, fostering a more harmonised interpretation of the New York Convention.

Download or read book The Homosexual ity of Law written by Leslie Moran and published by Routledge. This book was released on 2002-11 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

Download or read book The International Sale of Goods 5e written by Michael Bridge and published by Oxford University Press. This book was released on 2024-02-08 with total page 1009 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of this leading authority continues to provide comprehensive analysis of the law and practice of sale of goods under English and international law. It is an indispensable resource for practitioners, scholars, and postgraduate students.

Download or read book Regulating Dispute Resolution written by Felix Steffek and published by Bloomsbury Publishing. This book was released on 2014-07-04 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution. This title is included in Bloomsbury Professional's International Arbitration online service.

Download or read book Treatment Without Consent written by Phil Fennell and published by Routledge. This book was released on 2002-11-01 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Phil Fennell's tightly argued study traces the history of treatment of mental disorder in Britain over the last 150 years. He focuses specifically on treatment of mental disorder without consent within psychiatric practice, and on the legal position which has allowed it. Treatment Without Consent examines many controversial areas: the use of high-strength drugs and Electro Convulsive Therapy, physical restraint and the vexed issue of the sterilisation of people with learning disabilities. Changing notions of consent are discussed, from the common perception that relatives are able to consent on behalf of the patient, to present-day statutory and common law rules, and recent Law Commission recommendations. This work brings a complex and intriguing area to life; it includes a table of legal sources and an extensive bibliography. It is essential reading for historians, lawyers and all those who are interested in the treatment of mental disorder.

Download or read book Coercive Control and the Criminal Law written by Cassandra Wiener and published by Taylor & Francis. This book was released on 2022-12-30 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how a phenomenon as complex as coercive control can be criminalised. The recognition and ensuing criminalisation of coercive control in the UK and Ireland has been the focus of considerable international attention. It has generated complex questions about the "best" way to criminalise domestic abuse. This work reviews recent domestic abuse criminal law reform in the UK and Ireland. In particular, it defines coercive control and explains why using traditional criminal law approaches to prosecute it does not work. Laws passed in England and Wales versus Scotland represent two different approaches to translating coercive control into a criminal offence. This volume explains how and why the jurisdictions have taken different approaches and examines the advantages and disadvantages of each. As jurisdictions around the world review what steps need to be taken to improve national criminal justice responses to domestic abuse, the question of what works, and why, at the intersection of domestic abuse and the criminal law has never been more important. As such, the book will be a vital resource for lawyers, policy-makers and activists with an interest in domestic abuse law reform.

Download or read book Corporate Insolvency Employment and Pension Rights written by David Pollard and published by Bloomsbury Publishing. This book was released on 2022-10-24 with total page 1214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law online service.

Download or read book Civil Procedure in Singapore written by Chen Siyuan and published by Kluwer Law International B.V.. This book was released on 2018-05-05 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Singapore. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Singapore will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

Download or read book Clearing and Settlement written by Dermot Turing and published by Bloomsbury Publishing. This book was released on 2021-02-12 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-trading industry is one in which financial firms make money and one in which risk issues need careful management. Reliable payment, clearing and settlement structures are perceived to be essential to enable financial firms to withstand shocks. A great deal of the cost of trading and cross-border investment is attributed to the very complex process of clearing and settlement. This book describes and explains: 1. what happens in clearing and settlement, and the roles of (and risks assumed by) the various participants in the post-trade marketplace 2. the law applicable to infrastructures, how they are are regulated, and the other topographical features of their legal landscape 3. the legal and practical aspects of risk management and operations of infrastructures 4. the risks faced by participants in payment, clearing and settlement systems - the agent banks - along with practical and operational issues which they face in their roles. Fully revised, updates for the 3rd edition include: - Implications and impact of Brexit - CPMI and IOSCO paper on central counterparty default (CCP) management auctions - cyber-security and the resilience of financial market infrastructures (FMIs) and the wider market ecosystem.

Download or read book Hong Kong s War Crimes Trials written by Suzannah Linton and published by OUP Oxford. This book was released on 2013-09-26 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the aftermath of the Second World War, the British military held 46 trials in Hong Kong in which 123 defendants, from Japan and Formosa (Taiwan), were tried for war crimes. This book provides the first comprehensive legal analysis of these trials. The subject matter of the trials spanned war crimes committed during the fall of Hong Kong, its occupation, and in the period after the capitulation following the nuclear bombings of Hiroshima and Nagasaki, but before the formal surrender. They included killings of hors de combat, abuses in prisoner-of-war camps, abuse and murder of civilians during the military occupation, forced labour, and offences on the High Seas. The events adjudicated included those from Hong Kong, China, Japan, the High Seas, and Formosa (Taiwan). Taking place in the same historical period as the more famous Nuremberg and Tokyo trials, the Hong Kong war crimes trials provide key insights into events of the time, and the development of international criminal law and procedure in this period. A team of experts in international criminal law examine these trials in detail, placing them in their historical context, investigating how the courts conducted their proceedings and adjudicated acts alleged to be war crimes, and evaluating the extent to which the Hong Kong trials contributed to the development of contemporary issues, such as joint criminal enterprise and superior orders. There is also comparative analysis with contemporaneous proceedings, such as the Australian War Crimes trials, trials in China, and those conducted by the British in Singapore and Germany, placing them within the wider history of international justice. This book is essential reading for anyone interested in the development of international criminal law and procedure.

Download or read book Advanced Introduction to Maritime Law written by Todd, Paul and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading scholar Paul Todd, this Advanced Introduction draws on the author’s decades of experience researching and teaching maritime law, offering a clear and concise introduction to the core areas of the field. In addition to providing a primer on the substance, it explains the worldwide applications of English law, and surveys the sources of law and how to locate them. It also highlights some of the difficulties in interpreting the law and pinpoints which individuals have been instrumental in doing so, and in making and developing the law.

Download or read book Environmental Taxation Law written by Mr Jeremy de Souza and published by Ashgate Publishing, Ltd.. This book was released on 2013-01-28 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: This excellent volume examines the legal implications of introducing environmental taxes and other economic instruments into the regulatory framework of UK law. In doing so, it analyzes and explains the difficulties of grafting environmental taxes onto the complexities of existing regulatory structures, not all of which, of course, were originally devised with environmental considerations in mind.

Download or read book Bowker s Law Books and Serials in Print 1993 written by Bowker Editorial Staff and published by . This book was released on 1993-02 with total page 1262 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Insolvency Law written by Professor Paul Omar and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and conduct of business in more than one jurisdiction. It is largely an offspring of globalization. Paul Omar examines the development of domestic rules dealing with cross-border instances and the many international projects in the field.

Download or read book Walford s Guide to Reference Material Science and technology written by Marilyn Mullay and published by Library Association Publishing (UK). This book was released on 1989 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: **** The Brit counterpart to Sheehy (in which it is recommended). The new edition places the author, title, subject indices in each volume. Many entries cite reviews from other sources. Rather tiresome recitation of selected chapter contents. 6,000 entries with references in the annotations to one or two thousand further books. Covers sci- tech and paleontology, anthro, patents, medicine, trades and crafts. Arranged by UDC classification. Provides no prices. Available in the US from American Library Assn. Annotation copyrighted by Book News, Inc., Portland, OR

Download or read book The Role of the Solicitor General written by Gabrielle Appleby and published by Bloomsbury Publishing. This book was released on 2016-06-16 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Behind every government there is an impressive team of hard-working lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said, 'The Solicitor-General is next to the High Court and God.' And yet the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorised and under-studied. The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest goes behind the scenes of government – drawing from interviews with over 45 government and judicial officials – to uncover the history, theory and practice of the Australian Solicitor-General. The analysis reveals a role that is of fundamental constitutional importance to ensuring both the legality and the integrity of government action, thus contributing to the achievement of rule-of-law ideals. The Solicitor-General also works to defend government action and prosecute government policies in the court, and thus performs an important role as messenger between the political and judicial branches of government. But the Solicitor-General's position, as both an internal integrity check on government and an external warrior for government, gives rise to competing pressures: between the law, politics and the public interest. The office of the Solicitor-General in Australia has evolved many characteristics across the almost two centuries of its history in an attempt to navigate these tensions. These pressures are not unique to the Australian context. The understanding of the Australian position provided by this book is informed by, and will inform, comparative analysis of the role of government lawyers across the world.

Download or read book European Audiovisual Policy in Transition written by Heritiana Ranaivoson and published by Taylor & Francis. This book was released on 2023-05-31 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes and critically addresses the innovations and shifts made in the revision of the Audiovisual Media Services Directive (AVMSD) adopted by the European Parliament and Council in 2018. Reflecting on European Union regulation and policy practice in all its Member States, the book’s unique approach places in-depth case study topics against the broader theoretical background. Taking a Europe-wide angle, an international team of authors focuses on key aspects of the AVMSD: the expansion of its scope to include video-sharing-platforms such as YouTube; the update of the rules for commercial communications; the first attempt for harmonized, minimal requirements at EU level regarding transparency of media ownership; new rules to ensure that video-on-demand services offer, invest in, and prioritise European content; the obligation on television distributors and smart TV manufacturers to pass on broadcasters’ signal without any interference, alteration or modification; and, the formalisation and consolidation of new forms of collaboration among national regulatory authorities. This thorough analysis of the cornerstone of European media policy makes this edited collection a crucial reference for scholars and students of media and cultural industries, media law and policy, European and EU media policy, and technology studies.