Civil Litigation In A Globalising World

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Civil Litigation in a Globalising World

Author : X.E. Kramer
Publisher : Springer Science & Business Media
ISBN 13 : 9067048178
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 2012-02-01 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.

Civil Litigation in a Globalizing World

Author :
Publisher :
ISBN 13 :
Total Pages : 387 pages
Book Rating : 4.:/5 (76 download)

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Book Synopsis Civil Litigation in a Globalizing World by :

Download or read book Civil Litigation in a Globalizing World written by and published by . This book was released on 2012 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Civil Litigation in a Globalising World

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

DOWNLOAD NOW!

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.

Law and Justice in a Globalized World

Author : Harkristuti Harkrisnowo
Publisher : CRC Press
ISBN 13 : 1351840452
Total Pages : 434 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis Law and Justice in a Globalized World by : Harkristuti Harkrisnowo

Download or read book Law and Justice in a Globalized World written by Harkristuti Harkrisnowo and published by CRC Press. This book was released on 2017-11-14 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book consists of a selection of papers presented at the Asia-Pacific Research Conference on Social Sciences and Humanities. It contains essays on current legal issues in law and justice, and their role and transformation in a globalizing world. Topics covered include human rights, criminal law, good governance, democracy, foreign investment, and regional integration. The conference focused on Asia and the Pacific, two regions where law has taken an important position in creating and shaping the regional integrations, new legal institutions, and norms. This reconfirms the idea that the legal system is extremely important in the global world. This book provides new insights and new horizons on how law and justice took part in globalizing human interaction, especially in the Asia-Pacific region.

Advanced Introduction to Law and Globalisation

Author : Jaakko Husa
Publisher : Edward Elgar Publishing
ISBN 13 : 178811647X
Total Pages : 192 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Advanced Introduction to Law and Globalisation by : Jaakko Husa

Download or read book Advanced Introduction to Law and Globalisation written by Jaakko Husa and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Advanced Introduction offers a fresh critical analysis of various dimensions of law and globalisation, drawing on historical, normative, theoretical, and linguistic methodologies. Its comprehensive and multidisciplinary approach spans the fields of global legal pluralism, comparative legal studies, and international law.

The Dynamism of Civil Procedure - Global Trends and Developments

Author : Colin B. Picker
Publisher : Springer
ISBN 13 : 3319219812
Total Pages : 283 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Dynamism of Civil Procedure - Global Trends and Developments by : Colin B. Picker

Download or read book The Dynamism of Civil Procedure - Global Trends and Developments written by Colin B. Picker and published by Springer. This book was released on 2015-11-11 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book’s introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions’ analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure – for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book’s contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.

The Internationalisation of Legal Education

Author : Christophe Jamin
Publisher : Springer
ISBN 13 : 3319291254
Total Pages : 346 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Internationalisation of Legal Education by : Christophe Jamin

Download or read book The Internationalisation of Legal Education written by Christophe Jamin and published by Springer. This book was released on 2016-04-30 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an overview of the state of internationalisation of legal education (IOLE) in many civil law and common law countries. It provides a picture of the status of the debate about the shape and degree of internationalisation in the curriculum in the different countries, and the debates surrounding the adoption of a more international approach to legal education in the contemporary world. It is a compilation of the National Reports submitted for the August 2014 Congress of the IACL held at Vienna, and contains an introductory general report. Together, the reports examine such questions as: Why is the topic of internationalization of legal education on the agenda now? Why is it a relevant subject for examination today? Does the topic generate the same level of interest everywhere in the world? Is enthusiasm for IOLE mainly driven by the academic sector, by government, by multinational corporations? Is the interest closely linked with the globalization of the practice of law? Or is globalisation of law itself something of a myth, or a reality reserved for only a very small percentage of practising lawyers around the world? The general and national reports make clear that there is indeed widespread interest in IOLE, and numerous disparate initiatives around the world. Nonetheless, some National Reporters state that the topic is simply not on the agenda at all. All in all, the volume shows that the approaches to internationalisation are many and varied, but every jurisdiction recognises the importance of introducing aspiring lawyers to a more integrated global environment.

Judicial Decision-Making in a Globalised World

Author : Elaine Mak
Publisher : A&C Black
ISBN 13 : 1782253645
Total Pages : 290 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Judicial Decision-Making in a Globalised World by : Elaine Mak

Download or read book Judicial Decision-Making in a Globalised World written by Elaine Mak and published by A&C Black. This book was released on 2014-07-04 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.

Economic Consequences of Litigation Worldwide

Author : Charles Platto
Publisher : Kluwer Law International B.V.
ISBN 13 : 904111095X
Total Pages : 454 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Economic Consequences of Litigation Worldwide by : Charles Platto

Download or read book Economic Consequences of Litigation Worldwide written by Charles Platto and published by Kluwer Law International B.V.. This book was released on 1999-07-28 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1992, The Section on Business Law of the International Bar Association established a Task Force on Economic Consequences of Litigation Worldwide to study and report on the different civil and commercial court systems throughout the world. The purpose of the Task Force was to evaluate the problems of civil litigation and propose solutions on a global scale, based on a comparative analysis of different jurisdictions, with a particular focus on commercial litigation and the economic consequences of litigation to worldwide business. The Task Force included representatives from Asia Pacific, Canada, Europe, United Kingdom and the United States. The project was divided into three stages: Fundamentals of Commercial Litigation, Problems and Consequences, and Solutions and Proposals for Change. Economic Consequences of Litigation Worldwide is the result of six years of intensive study and effort. It includes chapters on Asia Pacific (Australia, Hong Kong, Japan, New Zealand, Singapore), Canada, Europe (Denmark, France, Germany, Holland, Italy, Norway, Portugal, Spain, Sweden, Switzerland), the United Kingdom and the United States. The book provides a practical study of the various court systems throughout the world and problems and consequences of commercial litigation, along with a thoughtful analysis of proposed solutions.

From common rules to best practices in European Civil Procedure

Author : Burkhard Hess
Publisher : Nomos Verlag
ISBN 13 : 3845285214
Total Pages : 486 pages
Book Rating : 4.8/5 (452 download)

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Book Synopsis From common rules to best practices in European Civil Procedure by : Burkhard Hess

Download or read book From common rules to best practices in European Civil Procedure written by Burkhard Hess and published by Nomos Verlag. This book was released on 2017-12-08 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zwanzig Jahre nach der Verabschiedung des Amsterdamer Vertrags über die justizielle Zusammenarbeit in Zivilsachen wurden vom europäischen Gesetzgeber zahlreiche Instrumente des EU-Zivilprozessrechts entwickelt, die heute in der nationalen Rechtsprechung fest verankert sind. Diese Instrumente haben einen grenzüberschreitenden Raum der Rechtssicherheit geschaffen, dem Bürgerinnen und Bürger sowie und Unternehmen vertrauen können. Das vorliegende Buch fragt nach den "best practices" gemeinsamer Regeln und Praktiken. Inspiriert von der Verschiebung des Schwerpunkts von der Schaffung neuer Rechtsvorschriften hin zu einer Konzentration auf die konkrete Umsetzung, bietet der Band einen Überblick über einen einheitlichen europäischen Rechtsraum und seinen Regeln.

Global Issues in Civil Procedure

Author : Thomas O. Main
Publisher : West Academic Publishing
ISBN 13 : 9780314159786
Total Pages : 202 pages
Book Rating : 4.1/5 (597 download)

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Book Synopsis Global Issues in Civil Procedure by : Thomas O. Main

Download or read book Global Issues in Civil Procedure written by Thomas O. Main and published by West Academic Publishing. This book was released on 2006 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The cases and materials in this book were selected to introduce first year civil procedure students to a range of cmparative, transnational, and international perspectives"--P.v.

Globalisation and the Rule of Law

Author : Spencer Zifcak
Publisher : Routledge
ISBN 13 : 1134339461
Total Pages : 262 pages
Book Rating : 4.1/5 (343 download)

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Book Synopsis Globalisation and the Rule of Law by : Spencer Zifcak

Download or read book Globalisation and the Rule of Law written by Spencer Zifcak and published by Routledge. This book was released on 2004-08-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation and the Rule of Law reassesses the idea of the 'rule of law' within the present complex and increasingly internationalized environment. There have been many books studying the phenomenon of globalization and its economic, social or cultural consequences. This book, however, is the first to relate globalization exclusively to law. It examines the impact of globalization upon the rule of law, a fundamental value within liberal democratic sovereign states. The book opens with three chapters discussing the theory of the rule of law and its necessary reconceptualization in a global environment. Then, in three sections considering global trade, security and human rights, it proposes new ways of thinking about global law and its application in new and existing institutions of global governance. Contributors include top-flight academics, politicians and judges, making this book significant and relevant in both jurisprudential theory and political practice.

Jurisprudence in a Globalized World

Author : Jorge Luis Fabra-Zamora
Publisher : Edward Elgar Publishing
ISBN 13 : 1788974425
Total Pages : 288 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Jurisprudence in a Globalized World by : Jorge Luis Fabra-Zamora

Download or read book Jurisprudence in a Globalized World written by Jorge Luis Fabra-Zamora and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading legal scholars and philosophers provide a breadth of perspectives and inspire stimulating debate around the transformations of jurisprudence in a globalized world. This innovative book considers modifications to jurisprudence’s methodological approaches driven by globalization, the concepts and theoretical tools required to account for putative new forms of legal phenomena, and normative issues relating to the legitimacy and democratic character of these legal orders.

Globalization and Private Law

Author : Michael Faure
Publisher : Edward Elgar Publishing
ISBN 13 : 1849805210
Total Pages : 509 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Globalization and Private Law by : Michael Faure

Download or read book Globalization and Private Law written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.

Law and State in the Globalized World

Author : Surendra Bhandari
Publisher :
ISBN 13 : 9781634834575
Total Pages : 459 pages
Book Rating : 4.8/5 (345 download)

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Book Synopsis Law and State in the Globalized World by : Surendra Bhandari

Download or read book Law and State in the Globalized World written by Surendra Bhandari and published by . This book was released on 2015 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than at any other time in history, today, law governs us all. As a result, some level of knowledge of the law is becoming increasingly important at all levels. It is especially useful for students of law, international relations, politics, and social sciences. International professionals as well as civil society organizations also benefit from the basic knowledge of law. In the post-war era, it is not only domestic laws, but also international laws that govern our individual rights, duties, and social interactions, including international relations. This is particularly the case in the fields of peace, security, human rights, international crime, environmental protection, and world trade. Moreover, the demand for harmonization between domestic and international law has, in many respects, caused international law to become the main source for the creation and development of domestic law. This book offers a comparative perspective on the basic concepts and ideas about law and state. It was created in response to a number demands. It is written in a simple and comprehensive style so that general readers, law students, paralegals, and students from different social science disciplines can, in a straightforward fashion, all understand the legal concepts, legal philosophy, and law-state relationships in the context of globalization, international cooperation, and the maintaining of the rule of law at the domestic level. This book aims to offer legal knowledge not only to students who are required to study law as an introductory course, but also to general readers on a wider scale. Its treatment is not confined to a particular legal system full of technical jargons, but rather explains general legal principles applicable to different legal systems in a non-technical manner, allowing the reader to understand the basic legal concepts from a general standpoint.

Law and Globalization from Below

Author : Boaventura de Sousa Santos
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.

Global Civil Society and Its Limits

Author : G. Laxer
Publisher : Springer
ISBN 13 : 0230523714
Total Pages : 279 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis Global Civil Society and Its Limits by : G. Laxer

Download or read book Global Civil Society and Its Limits written by G. Laxer and published by Springer. This book was released on 2003-04-30 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically examines the promise of a global civil society. Exploring issues in cases of diverse social justice movements, the contributors show that a global civil society is still far from emerging and its promotion may even harm the realization of grassroots democracy. The Internet is an exciting new means for activists to communicate internationally, and citizens' movements increasingly co-ordinate campaigns through transnational advocacy networks, but most effective civic action still takes place at national and local levels.