Global Legal Pluralism

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107376912
Total Pages : 357 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Global Legal Pluralism by : Paul Schiff Berman

Download or read book Global Legal Pluralism written by Paul Schiff Berman and published by Cambridge University Press. This book was released on 2012-02-27 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

The Future of the Commercial Contract in Scholarship and Law Reform

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Publisher : Springer
ISBN 13 : 3319959697
Total Pages : 472 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis The Future of the Commercial Contract in Scholarship and Law Reform by : Maren Heidemann

Download or read book The Future of the Commercial Contract in Scholarship and Law Reform written by Maren Heidemann and published by Springer. This book was released on 2018-11-02 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.

The Creeping Codification of the New Lex Mercatoria

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131795
Total Pages : 466 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Creeping Codification of the New Lex Mercatoria by : Klaus Peter Berger

Download or read book The Creeping Codification of the New Lex Mercatoria written by Klaus Peter Berger and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advanced notion of the Creeping Codification which is based on the 'TransLex Principles', operated by the Center for Transnational Law (CENTRAL) of Cologne University at www.trans-lex.org. The Trans- Lex Principles are based on the 'List of Principles, Rules and Standards of the Lex Mercatoria' which was reproduced in the Annex of the first edition of this book. This Internet-based codification method realized through the TransLex Principles corresponds to the unique character of the Creeping Codification of the New Lex Mercatoria which is an ongoing, spontaneous, and dynamic process which is never completed.

Transnational Legal Orders

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Publisher : Cambridge University Press
ISBN 13 : 1107069920
Total Pages : 559 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Transnational Legal Orders by : Terence C. Halliday

Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.

Letter of Intent in International Contracting

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Publisher :
ISBN 13 : 9781780684499
Total Pages : 0 pages
Book Rating : 4.6/5 (844 download)

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Book Synopsis Letter of Intent in International Contracting by : Ekaterina Pannebakker

Download or read book Letter of Intent in International Contracting written by Ekaterina Pannebakker and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Letter of Intent in International Contracting provides readers with a unique point of reference on the legal effects of a letter of intent-the document frequently used in international transactions. Firstly, the book takes a fresh look at trade usages in negotiations of international contracts. It integrates the view of negotiations as strategies and tactics (well-known in business, but largely disregarded by the law) with the legal analysis. Secondly, it discusses in turn those provisions frequently used in a letter of intent and comments on them based on thorough comparative research of four jurisdictions: the Netherlands, France, England and Wales, and the United States. The discussion of French law is based on the recent reform of the French law of obligations which significantly modified the French Civil Code in 2016. At the international level, the study addresses the 1980 Vienna Convention on the International Sale of Goods and international soft law: UNIDROIT Principles of International Commercial Contracts 2010, Principles of European Contract Law, and the Draft Common Frame of Reference. This book is a result of doctoral research conducted at the Erasmus University Rotterdam. It will be relevant to legal practitioners working in the field of international contracts, as well as to scholars and policy makers concerned with harmonization of law based on non-binding principles and business practices. Dissertation. (Series: Ius Commune Europaeum, Vol. 156) Subject: International Law, Contract Law]

Comparative Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847316980
Total Pages : 515 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Comparative Law by : Esin Örücü

Download or read book Comparative Law written by Esin Örücü and published by Bloomsbury Publishing. This book was released on 2007-10-12 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Örücü, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.

General Jurisprudence

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Publisher : Cambridge University Press
ISBN 13 : 113947538X
Total Pages : 519 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis General Jurisprudence by : William Twining

Download or read book General Jurisprudence written by William Twining and published by Cambridge University Press. This book was released on 2009-02-12 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory.

Rules and Networks

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847312357
Total Pages : 442 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Rules and Networks by : Richard Appelbaum

Download or read book Rules and Networks written by Richard Appelbaum and published by Bloomsbury Publishing. This book was released on 2001-12-21 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: International business transactions are heavily influenced by culture,practice and rule. The pursuit of business relationships within nation-states can be subject to differences in the generation of norms and the processing of disputes, but these conflicts are magnified many times over in cross-border transactions where nation-state control and support is weak or absent. This book seeks different explanations of the ways in which business people and their legal advisers try to minimise the effect of these magnified difficulties. At the outset the editors suggest four sources through which the international business community might be considered to have supplemented nation-state conflict prevention and dispute resolution institutions-an international legal order; the development of a private normative order based on common business practices (denominated the lex mercatoria); through the efforts and work product of internationalised law firms, and by means of extensive, thick personal relationships often referred to by their Chinese term guanxi. Since most explanations are dominated by North American and European legal scholarship and practice, a second concern of this book is to open up the discussion to competing explanatory frameworks. Specifically, it develops the notion that global legal convergence may not be the immediate, inevitable result of increased global economic interaction. Rather, less formal mechanisms for achieving normative understanding and predictability in business dealings may also flourish.

From Lex Mercatoria to Commercial Law

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Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis From Lex Mercatoria to Commercial Law by : Vito Piergiovanni

Download or read book From Lex Mercatoria to Commercial Law written by Vito Piergiovanni and published by . This book was released on 2005 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The argument of lex mercatoria - because of its important implications mainly in the international and commercial field of great interest to the jurist of civil law - is also fundamental to the historian of law. In fact, it can be considered both as a witness of new commercial legal institutions risen from the practice of affairs and defined by an international juridical science, and as a moment of crisis of the consolidated system since the first codes of the juridical sources. The authors of the articles collected in the present volume are historians of law of different cultural background and provenience. The publication at issue was conceived as an almost obligatory intervention in a debate which rather scantily considers epistemology as well as disciplinary boundaries.Each single study highlights a different aspect of the lex mercatoria and its relationship to the ius commune, studying both under different perspectives. The authors explore well-founded historical evidence across a broad chronological period from the Middle Ages until the nineteenth century, acrossing institutional settings differing both politically and operationally.The historical problem of the lex mercatoria is mainly dealt with from the point of view of the sources. The volume collects general studies in relation to the problem of the existence of the lex mercatoria and more specific items - many of them dedicated to the maritime law. Thus different keys of interpretation are given concerning the development of the European commercial law.

International Cooperation in Bankruptcy and Insolvency Matters

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Publisher : Oxford University Press
ISBN 13 : 0195340175
Total Pages : 285 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis International Cooperation in Bankruptcy and Insolvency Matters by : Bob Wessels

Download or read book International Cooperation in Bankruptcy and Insolvency Matters written by Bob Wessels and published by Oxford University Press. This book was released on 2009 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.

The Oxford Handbook of Transnational Law

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Publisher : Oxford University Press
ISBN 13 : 0197547419
Total Pages : 1246 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen

Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Elgar Encyclopedia of Comparative Law, Second Edition

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781006105
Total Pages : 1025 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Elgar Encyclopedia of Comparative Law, Second Edition by : J. M. Smits

Download or read book Elgar Encyclopedia of Comparative Law, Second Edition written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.

Towards a European Contract Law

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Publisher : Walter de Gruyter
ISBN 13 : 3866539541
Total Pages : 295 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Towards a European Contract Law by : Reiner Schulze

Download or read book Towards a European Contract Law written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2011-08-29 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Trade Usages

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Publisher :
ISBN 13 :
Total Pages : 90 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Trade Usages by : Clive Macmillan Schmitthoff

Download or read book International Trade Usages written by Clive Macmillan Schmitthoff and published by . This book was released on 1987 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Enforcement of Arbitration Agreements and International Arbitral Awards

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Publisher : Cameron May, Limited
ISBN 13 : 9781905017478
Total Pages : 988 pages
Book Rating : 4.0/5 (174 download)

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Book Synopsis Enforcement of Arbitration Agreements and International Arbitral Awards by : Emmanuel Gaillard

Download or read book Enforcement of Arbitration Agreements and International Arbitral Awards written by Emmanuel Gaillard and published by Cameron May, Limited. This book was released on 2008 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enforcement of Arbitration Agreements and International Arbitral Awards provides the most exhaustive commentary on the fundamental aspects of the New York Convention. The significant legal developments and associated practice over the last 50 years have been put been put under the microscope by distinguished academics and practitioners in the area. Each of the 31 chapters provides focused analysis of individual issues with the emphasis on the relevant case law from various Contracting States without ever straying from a global outlook.

The Oxford Handbook of Global Legal Pluralism

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Publisher : Oxford University Press, USA
ISBN 13 : 0197516742
Total Pages : 1133 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman

Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Critical Theory and Legal Autopoiesis

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Publisher : Critical Theory and Contemporary Society
ISBN 13 : 9781526107220
Total Pages : 408 pages
Book Rating : 4.1/5 (72 download)

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Book Synopsis Critical Theory and Legal Autopoiesis by : Gunther Teubner

Download or read book Critical Theory and Legal Autopoiesis written by Gunther Teubner and published by Critical Theory and Contemporary Society. This book was released on 2019-04-12 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects and revises the key essays of Gunther Teubner, one of the world's leading sociologists of law. Written over the past twenty years, these essays examine the 'dark side' of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner's claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.