Download or read book Fluid Jurisdictions written by Nurfadzilah Yahaya and published by Cornell University Press. This book was released on 2020-09-15 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community's ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continually played one jurisdiction against another, sometimes preferring that colonial legal authorities administer Islamic law—even against fellow Muslims. Fluid Jurisdictions draws on lively material from multiple international archives to demonstrate the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders.
Download or read book Jurisdiction Admissibility and Choice of Law in International Arbitration Liber Amicorum Michael Pryles written by Neil Kaplan and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Download or read book Trusts in Prime Jurisdictions written by Alon Kaplan and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition features fully updated chapters plus new chapters on Jersey foundations, Quebec, Hong Kong, Singapore, Israel, what it means to be a fiduciary, Islamic (waqf) trusts, and trusts in relation to divorce, among others. The new edition, produced in association with STEP.
Download or read book Jurisdiction written by Shaunnagh Dorsett and published by Routledge. This book was released on 2012 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing one of the central topics and concerns of jurisprudence – the authorisation and authority of law - Jurisdictionaims to re-introduce and refresh jurisdictional thinking about law by addressing the ways that questions of jurisdiction still give shape to law and to legal thought. Questions of jurisdiction have been central to Western legal traditions, yet in contemporary accounts of law this is often hard to recognise. At its broadest, the question of jurisdiction engages with the fact that there is law, and with the power and authority to speak in the name of the law. Such questions encompass the authorisation and ordering of law as such, as well as determinations of authority and the administration of justice within a legal regime. Without an account of jurisdiction, this book argues, it would not be possible to articulate a position from which to speak, or speak about, the law. Jurisdiction thus examines the conceptual and institutional formation of contemporary jurisdictional techniques and procedures, and explore the ways in which the jurisdictional idiom of law remains central to a critical practice and understanding of law. Providing an original, and historically grounded, elaboration of the key themes of jurisdiction, this book offers students and scholars of law a way of thinking about the contemporary world as much in terms of law's technologies, techniques and procedures as with its ideas.
Download or read book Anti discrimination Law in Civil Law Jurisdictions written by Barbara Havelková and published by . This book was released on 2019 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of how anti-discrimination law works or does not work in continental European countries. It offers an innovative comparative, critical, legal and socio-legal, look at jurisdictions beyond the common law.
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Download or read book Cooperation Without Submission written by Justin B. Richland and published by University of Chicago Press. This book was released on 2021-09-06 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Justin B. Richland continues his study of the relationship between American law and government and Native American law and tribal governance in his new manuscript Cooperation without Submission: Indigenous Jurisdictions in Native Nation-US Engagements. Richland looks at the way Native Americans and government officials talk about their relationship and seek to resolve conflicts over the extent of Native American authority in tribal lands when it conflicts with federal law and policy. The American federal government is supposed to engage in meaningful consultations with the tribes about issues that affect the tribes under long standing Federal law which accorded the federal government the responsibility of a trustee to the tribes. It requires the government to act in the best interest of the tribes and to interpret agreements with tribes in a way that respects their rights and interests. At least partly based on a patronizing view of Native Americans, the law has also sought to protect the interests of the tribes from those who might take advantage of them. In Cooperation without Submission, Richland looks closely at the language employed by both sides in consultations between tribes and government agencies focusing on the Hopi tribe but also discussing other cases. Richland shows how tribes conduct these meetings using language that demonstrates their commitment to nation-to -nation interdependency, while federal agents appear to approach these consultations with the assumption that federal l aw is supreme and ultimately authoritative"--
Download or read book Multicultural Jurisdictions written by Ayelet Shachar and published by Cambridge University Press. This book was released on 2001-09-06 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outline of the book
Download or read book Towards a Universal Justice Putting International Courts and Jurisdictions into Perspective written by Dário Moura Vicente and published by Martinus Nijhoff Publishers. This book was released on 2016-04-08 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association’s Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.
Download or read book Principles of Federal Jurisdiction written by James E. Pfander and published by West Academic. This book was released on 2011 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed for students in advanced courses and newly revised, this book explains the leading principles of federal jurisdiction. It includes such landmarks as Marbury v. Madison and Bivens v. Six Unknown Named Agents and the rules that govern original and appellate jurisdiction, justiciability and abstention, federal habeas corpus, and sovereign immunity. It discusses the enemy combatant cases, culminating in Boumediene, and recent Supreme Court decisions on such diverse issues as the Antiterrorism and Effective Death Penalty Act, federal ingredient jurisdiction, complete preemption removal, and supplemental jurisdiction. Perhaps most important, the book provides students with a sense of the argumentative possibilities available to lawyers and jurists working within the federal courts' tradition.
Download or read book Internet Jurisdiction Law and Practice written by Julia Hörnle and published by Oxford University Press, USA. This book was released on 2021-01-07 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction is a fundamental concept in law, as it provides the link between a government, its territory, and its people. Data travels through the internet without concern for any borders. This book argues how and why the concept of jurisdiction needs to be adapted across public and private areas - from criminal to commercial law.
Download or read book Courts Jurisdictions and Law in John Milton and His Contemporaries written by Alison A. Chapman and published by . This book was released on 2020 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: "John Milton is well known as the poet of liberty and freedom. But his commitment to justice, which runs throughout his prose works, great and small, is often opaque to us when glimpsed at distance in the twenty-first century. Alison A. Chapman aims to provide literary scholars with a working knowledge of the multiple, jostling, real-world legal systems in conflict in seventeenth-century England, and to help us distinguish among Milton's use of the various legal systems and vocabularies of the time--natural versus positive law, for example, and the differences among canon, civil, and common jurisprudence, whichever system best suited Milton's purpose. Surveying the early and divorce tracts, late political tracts, and major prose works in comparison with the writings and cases of some of Milton's contemporaries (including George Herbert, John March, Ben Jonson, and John Bunyan), Chapman alerts us to the variety and nuance in Milton's juridical tool-kit and his subtle use of competing legal traditions in pursuit of justice"--
Download or read book Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-08-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book concerns the relationship between the principles of complementarity and universal jurisdiction. Territorial States are normally affected most strongly by core international crimes committed during a conflict or an attack directed against its civilian population. Most victims reside in such States. Most damaged or plundered property is there. Public order and security are violated most severely in the territorial States. It is also on their territory that most of the evidence of the alleged crimes can be found. There are, in other words, obvious policy and practical reasons why States should accord priority to territoriality as a basis of jurisdiction. But is there also an obligation for States to defer exercise of universal jurisdiction of core international crimes to investigation and prosecution of the same crimes by the territorial State? What - if any - is the impact of the principle of complementarity in this respect? These are among the questions discussed in this anthology.
Download or read book Ownership Paradigms in American Civil Law Jurisdictions written by Agustín Parise and published by BRILL. This book was released on 2017-01-16 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Ownership Paradigms in American Civil Law Jurisdictions Agustín Parise assists in identifying the transformations experienced in the legislation dealing with ownership in the Americas, thereby showing that current understandings are not uncontested dogmas. This book is the result of research undertaken on both sides of the Atlantic, and covers the 16th to 20th centuries. Agustín Parise offers readers a journey across time and space, by studying three American civil law jurisdictions in three successive time periods. His book first highlights the added value that comparative legal historical studies may bring to Europe and the Americas. It then addresses, in chronological order, the three ownership paradigms (i.e., Allocation, Liberal, and Social Function) that he claims have developed in the Americas.
Download or read book Mixed Jurisdictions Worldwide written by Vernon Valentine Palmer and published by Cambridge University Press. This book was released on 2012-06-28 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.
Download or read book Turf Wars written by David C. King and published by University of Chicago Press. This book was released on 1997-09-02 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most bills in American legislatures, the issue of turf—or which committee has jurisdiction over a bill—can make all the difference. Turf governs the flow and fate of all legislation. In this innovative study, David C. King explains how jurisdictional areas for committees are created and changed in Congress. Political scientists have long maintained that jurisdictions are relatively static, changing only at times of dramatic reforms. Not so, says King. Combining quantitative evidence with interviews and case studies, he shows how on-going turf wars make jurisdictions fluid. According to King, jurisdictional change stems both from legislators seeking electoral advantage and from nonpartisan House parliamentarians referring ambiguous bills to committees with the expertise to handle the issues. King brilliantly dissects the politics of turf grabbing and at the same time shows how parliamentarians have become institutional guardians of the legislative process. Original and insightful, Turf Wars will be valuable to those interested in congressional studies and American politics more generally.
Download or read book Jurisdiction to Tax Corporate Income Pursuant to the Presumptive Benefit Principle written by Eva Escribano and published by Kluwer Law International B.V.. This book was released on 2019-05-10 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction to Tax Corporate Income Pursuant to the Presumptive Benefit Principle intends to demonstrate that the profit shifting phenomenon (i.e., the ability of companies to book their profits in jurisdictions other than those that host their economic activities) is real, severe, undesirable, and above all, the natural consequence of both the preservation of three fundamental paradigms that have historically underlain corporate income taxes and their precise legal configuration. In view of this, the book submits a number of proposals in relation to the aforementioned paradigms and in the light of the suggested “presumptive benefit principle” so as to counteract profit shifting risks and thus attain a more equitable allocation of taxing rights among States. This PhD thesis obtained the prestigious European Academic Tax Thesis Award 2018 granted by the European Commission and the European Association of Tax Law Professors. What’s in this book: This book provides a disruptive discourse on tax sovereignty in the field of corporate income taxation that endeavors to escape from long-standing tax policy tendencies and prejudices while considering the challenges posed by a globalized (and increasingly digitalized) economy. In particular, the book offers an innovative perspective on certain deep-rooted paradigms historically underlying corporate income taxation: tax treatment of related parties within a corporate group along with the arm’s-length standard; corporate tax residence standards; and definition of source for corporate income tax purposes, with a particular emphasis on the permanent establishment concept. The book explores their respective origins, supposed tax policy rationales, structural problems and interactions; ultimately showing how the way tax jurisdiction is currently defined through them inherently tends to trigger profit shifting outcomes. In view of the conclusions of the study, the author suggests the use of a new version of the traditional benefit principle (the “presumptive benefit principle”) that would contribute to address the profit shifting phenomenon while serving as a practical guideline to achieve a more equitable allocation of taxing rights among jurisdictions. Finally, the book submits a number of proposals inspired by the aforementioned guideline that aspire to strike a balance between equity, effectiveness and technical feasibility. They include a new corporate tax residence test and, most notably, a proposal on a new remote-sales permanent establishment. How this will help you: With its case study (based on the Apple group) empirically demonstrating the existence of the profit shifting phenomenon, its clearly documented exposure of the reasons why traditional corporate income tax regimes systematically give rise to these outcomes, its new tax policy guideline and its proposals for reform, this book makes a significant contribution to current tax policy discussions concerning corporate income taxation in cross-border scenarios. It will be warmly welcomed by all concerned—policymakers, scholars, practitioners—with the greatest tax policy challenges that corporate income taxation is facing in the contemporary world.
