Cross-border litigation in a digital context: from classrooms to judiciary

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Publisher : ESIC
ISBN 13 : 8410702312
Total Pages : 272 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Cross-border litigation in a digital context: from classrooms to judiciary by : Andrea Spada Jiménez

Download or read book Cross-border litigation in a digital context: from classrooms to judiciary written by Andrea Spada Jiménez and published by ESIC. This book was released on 2024-04-03 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Epistemic Communities at the Boundaries of Law

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Publisher : Ledizioni
ISBN 13 : 8855260049
Total Pages : 168 pages
Book Rating : 4.8/5 (552 download)

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Book Synopsis Epistemic Communities at the Boundaries of Law by : Cecilia Blengino

Download or read book Epistemic Communities at the Boundaries of Law written by Cecilia Blengino and published by Ledizioni. This book was released on 2019 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: “As richly described in the various chapters of this book, we see that clinics can act as a window to the functioning of law and the legal system. Clinics allow students and faculty to see how laws and the legal system are functioning for groups of people who otherwise likely would not be a part of the common experience of professors and their students: poor people generally, migrants and refugees, women and children exploited by trafficking, people with disabilities, ethnic minorities, prisoners, and so on. Legal systems the world over tend to give less care and attention to the problems of the poor and other disempowered groups, and such people usually lack access to well-educated legal advocates to help them fight to make the legal system work for them. Through clinic cases, students and faculty see the day-today lives of people marginalized by the society, see how the law affects and influences their lives, and see how it serves or fails to serve them. For law professors involved in clinical education, such as the authors of this book, heightened awareness of the law’s operation for poor people adds another important perspective to the subjects of their research and work as commentators on the law. Students can also be inspired to select topics for research papers, master or PhD theses by exposure to problems in the law and legal system as it functions for their clients.” (Dall’introduzione)

Law in Peace Negotiations

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Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081090
Total Pages : 460 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis Law in Peace Negotiations by : Morten Bergsmo

Download or read book Law in Peace Negotiations written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-07-23 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Life and Death of Democracy

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Publisher : Simon and Schuster
ISBN 13 : 1847377602
Total Pages : 717 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Life and Death of Democracy by : John Keane

Download or read book The Life and Death of Democracy written by John Keane and published by Simon and Schuster. This book was released on 2009-06-01 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Keane's The Life and Death of Democracy will inspire and shock its readers. Presenting the first grand history of democracy for well over a century, it poses along the way some tough and timely questions: can we really be sure that democracy had its origins in ancient Greece? How did democratic ideals and institutions come to have the shape they do today? Given all the recent fanfare about democracy promotion, why are many people now gripped by the feeling that a bad moon is rising over all the world's democracies? Do they indeed have a future? Or is perhaps democracy fated to melt away, along with our polar ice caps? The work of one of Britain's leading political writers, this is no mere antiquarian history. Stylishly written, this superb book confronts its readers with an entirely fresh and irreverent look at the past, present and future of democracy. It unearths the beginnings of such precious institutions and ideals as government by public assembly, votes for women, the secret ballot, trial by jury and press freedom. It tracks the changing, hotly disputed meanings of democracy and describes quite a few of the extraordinary characters, many of them long forgotten, who dedicated their lives to building or defending democracy. And it explains why democracy is still potentially the best form of government on earth -- and why democracies everywhere are sleepwalking their way into deep trouble.

Law and Globalization from Below

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Publisher : Cambridge University Press
ISBN 13 : 9781139446143
Total Pages : 424 pages
Book Rating : 4.4/5 (461 download)

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Book Synopsis Law and Globalization from Below by : Boaventura de Sousa Santos

Download or read book Law and Globalization from Below written by Boaventura de Sousa Santos and published by Cambridge University Press. This book was released on 2005-09-08 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.

Radical Deprivation on Trial

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Publisher : Cambridge University Press
ISBN 13 : 1107078881
Total Pages : 235 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Radical Deprivation on Trial by : César Rodríguez-Garavito

Download or read book Radical Deprivation on Trial written by César Rodríguez-Garavito and published by Cambridge University Press. This book was released on 2015-10-22 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.

The Struggle Against Enforced Disappearance and the 2007 United Nations Convention

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900416149X
Total Pages : 453 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Struggle Against Enforced Disappearance and the 2007 United Nations Convention by : Tullio Scovazzi

Download or read book The Struggle Against Enforced Disappearance and the 2007 United Nations Convention written by Tullio Scovazzi and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforced disappearance is one of the most serious human rights violations. It constitutes an autonomous offence and a crime under international law on account of its multiple and continuing character. It is not a phenomenon of the past, nor is it geographically limited to Latin America: such scourge is widespread today and on the increase in other continents. For more than twenty-five years, relatives of disappeared people worldwide have insisted on the pressing need for an international legally binding instrument against enforced disappearances. 2006 is the year of the adoption of the International Convention on the Protection of All Persons from Enforced Disappearances, which represents the result of several legislative and jurisprudential developments that are duly analyzed in this book. The Convention has been opened for signature in February 2007.

Closing the Books

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Publisher : Cambridge University Press
ISBN 13 : 9780521548540
Total Pages : 316 pages
Book Rating : 4.5/5 (485 download)

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Book Synopsis Closing the Books by : Jon Elster

Download or read book Closing the Books written by Jon Elster and published by Cambridge University Press. This book was released on 2004-09-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.

Global Environmental Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1107022258
Total Pages : 427 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Global Environmental Constitutionalism by : James R. May

Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

Territory

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Publisher : John Wiley & Sons
ISBN 13 : 1405153059
Total Pages : 176 pages
Book Rating : 4.4/5 (51 download)

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Book Synopsis Territory by : David Delaney

Download or read book Territory written by David Delaney and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short introduction conveys the complexities associated with the term "territory" in a clear and accessible manner. It surveys the field and brings theory to ground in the case of Palestine. A clear and accessible introduction to the complexities associated with the term "territory". Provides an interdisciplinary survey of the many strands of research in the field. Addresses specific areas including interpretations of territorial structures; the relationship between territoriality and scale; the validity and fluidity of territory; and the practical, social processes associated with territorial re-configurations. Stresses that our understanding of territory is inseparable from our understanding of power. Uses Israel/Palestine as an extended illustrative case study. The author’s strong legal and geographical background gives the work an authoritative perspective.

Civil Litigation in a Globalising World

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Publisher : Springer Science & Business Media
ISBN 13 : 906704816X
Total Pages : 381 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Civil Litigation in a Globalising World by : X.E. Kramer

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.

Inclusion Matters

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Publisher : World Bank Publications
ISBN 13 : 1464800111
Total Pages : 301 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Inclusion Matters by : World Bank

Download or read book Inclusion Matters written by World Bank and published by World Bank Publications. This book was released on 2013-11-26 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social inclusion is on the agenda of governments, policymakers, and nonstate actors around the world. Underpinning this concern is the realization that despite progress on poverty reduction, some people continue to feel left out. This report aims to unpack the concept of social inclusion and understand better how policies can be designed to further inclusion. First, the report offers a definition of social inclusion as the "process of improving the terms for individuals and groups to take part in society." It unpacks different domains of society that excluded groups and individuals are at particular risk of being left out of -- markets, services, and spaces. Second, the report discusses the most important global mega-trends such as migration, climate chnage, and aging of societies, which will impact challenges and opportunities for inclusion. Finally, it argues that despite these challenges, change towards inclusion is possible and offers examples of inclusionary policies.

Global Perspectives on ADR

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Publisher :
ISBN 13 : 9781780681399
Total Pages : 0 pages
Book Rating : 4.6/5 (813 download)

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Book Synopsis Global Perspectives on ADR by : Carlos Esplugues Mota

Download or read book Global Perspectives on ADR written by Carlos Esplugues Mota and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area, with the aim of providing citizens with the opportunity to resolve their disputes outside State courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation, and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. It examines the various ADR devices present in relevant countries, including the US, Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, the Philippines, Singapore, South Korea, and Thailand. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyzes subjects covered by ADR devices, the existing legal regime, and its solutions and problems. Written by leading practitioners and scholars, the book provides a clear image of the existing framework from a legal, theoretical, and practical standpoint. It will be essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world. [Subject: Alternative Dispute Resolution, International Law, Comparative Law, Commercial Law]

Comparing Fiscal Federalism

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Publisher : BRILL
ISBN 13 : 9004340955
Total Pages : 409 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Comparing Fiscal Federalism by : Alice Valdesalici

Download or read book Comparing Fiscal Federalism written by Alice Valdesalici and published by BRILL. This book was released on 2018-02-27 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing Fiscal Federalism investigates intergovernmental financial relations and the current de jure and de facto allocation of financial and fiscal powers in compound states from a comparative and interdisciplinary perspective. The volume combines theoretical approaches with case studies and involves scholars from various disciplines, in order to provide a comprehensive analysis of different approaches, developments and trends. This includes outlining fiscal federalism’s basic principles and overall frameworks, investigating current constitutional/legislative settings and how financial systems function, as well as zooming in on a selection of emerging issues in financial and fiscal relations. The single chapters are based on comparative investigations under the umbrella of a broad definition of fiscal federalism that includes all varieties of federal systems.

The North American Mosaic

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Publisher :
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The North American Mosaic by : Commission for Environmental Cooperation (Montréal, Québec). Secretariat

Download or read book The North American Mosaic written by Commission for Environmental Cooperation (Montréal, Québec). Secretariat and published by . This book was released on 2001 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The North American Mosaic has four overarching features. First, it is, to the extent feasible, based on comparable information on the status and trends of major indicators of the state of the environment in Canada,Mexico, and the United States. Second, the report confirms that these three countries together make up an incredibly complex, dynamic, and interconnected ecosystem in which humans play a dominant and decisive role. Third, the report raises important and sometimes disquieting questions concerning the sustainability of some current trends. Finally, the report is a reminder that our economic, social, and physical well-being are utterly dependent on the life-sustaining services provided by nature. This report emphasizes the importance of developing mutually compatible economic, social, and environmental goals and policies across the three-country region.

Neutrality and Theory of Law

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Publisher : Springer Science & Business Media
ISBN 13 : 9400760671
Total Pages : 283 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Neutrality and Theory of Law by : Jordi Ferrer Beltrán

Download or read book Neutrality and Theory of Law written by Jordi Ferrer Beltrán and published by Springer Science & Business Media. This book was released on 2013-04-03 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.

Civil and Commercial Mediation in Europe (set - Vols. 1&2)

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Author :
Publisher :
ISBN 13 : 9781780682495
Total Pages : 0 pages
Book Rating : 4.6/5 (824 download)

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Book Synopsis Civil and Commercial Mediation in Europe (set - Vols. 1&2) by : Carlos Esplugues Mota

Download or read book Civil and Commercial Mediation in Europe (set - Vols. 1&2) written by Carlos Esplugues Mota and published by . This book was released on 2014-03-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally available as two separate volumes, Intersentia's Civil and Commercial Mediation in Europe is now available as a two volume set. *** About Volume I on National Mediation Rules and Procedures: Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current legal framework in every EU Member State regarding mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. It is written by renowned specialists on mediation in Europe and provides an exhaustive account for both scholars and practitioners in Europe and beyond the continent. Every chapter on national law analyzes: both out-of-court and court-annexed mediation in the existing legal framework * the areas of law covered by mediation * the value and formal requirements of the agreement to submit any dispute to mediation * personal features and requirements for mediators * procedural requirements in the mediation procedure * the relationship between the mediator and public authorities * the outcome of the mediation procedure * in the scenario in which a mediation settlement is reached, its requirements and effects. *** About Volume II on Cross-Border Mediation: Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which for several reasons the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union the institution of mediation has received much support in the form of Directive 2008/52/EC which sets forth a minimum common legal framework for mediation in the Member States. The 2008 Directive has finally been implemented in the Member States and this book provides the much needed in-depth analysis of the status of the mediation regimes in the European Union. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. This volume includes national reports on cross-border mediation including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings and the content of the settlement reached by the parties. Special attention is of course given to the recognition and enforcement in the European Union of settlements reached in other Member States and outside Europe. In addition the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the European Union for cross-border mediation. It is an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.