Application Of Foreign Law

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Treatment of Foreign Law - Dynamics towards Convergence?

Author : Yuko Nishitani
Publisher : Springer
ISBN 13 : 9783319565729
Total Pages : 0 pages
Book Rating : 4.5/5 (657 download)

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Book Synopsis Treatment of Foreign Law - Dynamics towards Convergence? by : Yuko Nishitani

Download or read book Treatment of Foreign Law - Dynamics towards Convergence? written by Yuko Nishitani and published by Springer. This book was released on 2017-07-14 with total page 0 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.

The Application of Foreign Law

Author :
Publisher :
ISBN 13 :
Total Pages : 45 pages
Book Rating : 4.:/5 (99 download)

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Book Synopsis The Application of Foreign Law by :

Download or read book The Application of Foreign Law written by and published by . This book was released on 1972 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Application of Foreign Law

Author : Carlos Esplugues Mota
Publisher : Walter de Gruyter
ISBN 13 : 3866539126
Total Pages : 445 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Application of Foreign Law by : Carlos Esplugues Mota

Download or read book Application of Foreign Law written by Carlos Esplugues Mota and published by Walter de Gruyter. This book was released on 2011-03-30 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.

Private International Law in Commonwealth Africa

Author : Richard Frimpong Oppong
Publisher : Cambridge University Press
ISBN 13 : 0521199697
Total Pages : 559 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Private International Law in Commonwealth Africa by : Richard Frimpong Oppong

Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.

Limits to the Application of Foreign Laws

Author : Ademola Yakubu
Publisher :
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Limits to the Application of Foreign Laws by : Ademola Yakubu

Download or read book Limits to the Application of Foreign Laws written by Ademola Yakubu and published by . This book was released on 1999 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Trends of Private International Law

Author : Pavel Kalenský
Publisher : Springer Science & Business Media
ISBN 13 : 9401195900
Total Pages : 308 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis Trends of Private International Law by : Pavel Kalenský

Download or read book Trends of Private International Law written by Pavel Kalenský and published by Springer Science & Business Media. This book was released on 2013-12-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: to Seeking the answer to the three basic questions of contempo rary private international law, I also deemed it essential to out line to the reader the historical development of the different concepts of this particular branch of law, for without the know ledge of this history it is impossible to understand the contempo rary problems. The fact that private international law oscillates between public international law and substantive municipal law as it is applied in individual countries creates considerable problems in both theory and practice. I have tried to deal with these problems in the third part of my study, concerning "universa lism" and "nationalism" in the doctrine of private international law, as well as in its fourth part, which is devoted to the object and nature of this law and its place in the overall system of law. The character of private international law, ensuing from the plurality of municipal laws - which also characterize the origin and existence of comparative jurisprudence - in spired me to produce the fifth part of this study, which prima rily tries to expJain the theoretical problems of comparative jurisprudence but does so - defining its objectives and possibili ties - in order to underline at the same time its role in private international law and in the law of international trade.

Treatment of Foreign Law - Dynamics towards Convergence?

Author : Yuko Nishitani
Publisher : Springer
ISBN 13 : 3319565745
Total Pages : 643 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Treatment of Foreign Law - Dynamics towards Convergence? by : Yuko Nishitani

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 643 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.

Public Policy and Private International Law

Author : Meyer, Olaf
Publisher : Edward Elgar Publishing
ISBN 13 : 1789902665
Total Pages : 503 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Public Policy and Private International Law by : Meyer, Olaf

Download or read book Public Policy and Private International Law written by Meyer, Olaf and published by Edward Elgar Publishing. This book was released on 2022-09-06 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.

Foreign Law in English Courts

Author : Richard Fentiman
Publisher : Clarendon Press
ISBN 13 : 9780198258780
Total Pages : 378 pages
Book Rating : 4.2/5 (587 download)

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Book Synopsis Foreign Law in English Courts by : Richard Fentiman

Download or read book Foreign Law in English Courts written by Richard Fentiman and published by Clarendon Press. This book was released on 1998 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the pleading and proof of foreign law in English courts. Fentiman argues that the law is both more complex and more defensible than had previously been supposed. By providing a practical guide to the subject, he presents the conflict of laws in a way which is both novel and illuminating.

Judicial Cosmopolitanism

Author : Giuseppe Franco Ferrari
Publisher : BRILL
ISBN 13 : 9004297596
Total Pages : 915 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Judicial Cosmopolitanism by : Giuseppe Franco Ferrari

Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.

Guide to Foreign and International Legal Citations

Author :
Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Guide to Foreign and International Legal Citations by :

Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.

Foreign Law

Author : Otto C. Sommerich
Publisher :
ISBN 13 :
Total Pages : 184 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Foreign Law by : Otto C. Sommerich

Download or read book Foreign Law written by Otto C. Sommerich and published by . This book was released on 1959 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Court and the World

Author : Stephen Breyer
Publisher : Vintage
ISBN 13 : 1101912073
Total Pages : 402 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis The Court and the World by : Stephen Breyer

Download or read book The Court and the World written by Stephen Breyer and published by Vintage. This book was released on 2016-08-23 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.

Treatment of Foreign Law in Asia

Author : Kazuaki Nishioka
Publisher : Bloomsbury Publishing
ISBN 13 : 1509956557
Total Pages : 381 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Treatment of Foreign Law in Asia by : Kazuaki Nishioka

Download or read book Treatment of Foreign Law in Asia written by Kazuaki Nishioka and published by Bloomsbury Publishing. This book was released on 2023-11-16 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case? What should judges do if parties do not raise or disagree on the content of foreign law? This thematic volume in the Studies in Private International Law – Asia series analyses the treatment of foreign law before judicial authorities, that is, how the courts of Asian states deal with the proof of foreign law in court litigation involving cross-border elements. The individual chapters cover 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka, and India. The Introduction and Conclusion examine similarities and differences in the approaches taken by the 15 Asian states with a view to assessing the extent to which those approaches are consistent or different from each other. The book also puts forward suggestions for harmonising differing approaches, especially between Asian common law and civil law states. The book is a one-stop reference guide on the treatment of foreign law in Asia and will be indispensable to judges, practitioners, and scholars not just in Asia, but worldwide.

International Encyclopedia of Comparative Law:Pt. 2:Torts

Author : Andre Tunc
Publisher : Springer
ISBN 13 : 9789024728350
Total Pages : 45 pages
Book Rating : 4.7/5 (283 download)

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Book Synopsis International Encyclopedia of Comparative Law:Pt. 2:Torts by : Andre Tunc

Download or read book International Encyclopedia of Comparative Law:Pt. 2:Torts written by Andre Tunc and published by Springer. This book was released on 1986-09-09 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Application of Foreign Law in the British and German Courts

Author : Alexander DJ Critchley
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959602
Total Pages : 281 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Application of Foreign Law in the British and German Courts by : Alexander DJ Critchley

Download or read book The Application of Foreign Law in the British and German Courts written by Alexander DJ Critchley and published by Bloomsbury Publishing. This book was released on 2022-12-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the application of foreign law in civil proceedings in the British and German courts. It focuses on how domestic procedural law impacts on the application of choice of law rules in domestic courts. It engages with questions involved in the investigation and determination of foreign law as they affect the law of England and Wales, Scotland, and Germany. Although the relevant jurisdictions are the focus, the comparative analysis extends to explore examples from other jurisdictions, including relevant international and European conventions. Ambitious in scope, it expertly tracks the development of the law and looks at possible future reforms.

The Sources of International Law

Author : Hugh Thirlway
Publisher : Oxford University Press
ISBN 13 : 0199685398
Total Pages : 262 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Sources of International Law by : Hugh Thirlway

Download or read book The Sources of International Law written by Hugh Thirlway and published by Oxford University Press. This book was released on 2014-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.