Reason and Fairness

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Publisher : BRILL
ISBN 13 : 9004393722
Total Pages : 676 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Reason and Fairness by : Ulrike Müßig

Download or read book Reason and Fairness written by Ulrike Müßig and published by BRILL. This book was released on 2019-07-08 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.

The Law and Economics of Class Actions in Europe

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781001243
Total Pages : 401 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis The Law and Economics of Class Actions in Europe by : Jürgen G. Backhaus

Download or read book The Law and Economics of Class Actions in Europe written by Jürgen G. Backhaus and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Law and Economics of Class Actions in Europe marshals an impressive array of expertise from both sides of the Atlantic to illuminate the debate over class action litigation. This volume is a valuable addition to the literature on class actions in both the US and Europe.' – Jennifer Arlen, New York University, School of Law, US 'The availability and performance of class actions is a fundamental question being addressed in many legal systems. Class actions offer a rare opportunity for individuals with small losses to obtain redress against large companies and may provide important incentives to comply with the law. Effective class actions that provide these benefits exist in few countries. This book assembles leading scholars from around the world to provide important new insights into the theory and practice of this important legal procedure.' – Theodore Eisenberg, Cornell University, US This well-documented book discusses the power and limitations of class actions with insights and analysis from a panel of distinguished scholars. It pays special attention to the introduction and the applicability of such a legal device in European civil law countries. The book offers a broad legal and economic investigation, drawing insights from US judicial experience and giving a rigorous discussion of both the philosophical and constitutional aspects and the economic mechanisms and incentives set up by class actions. The Law and Economics of Class Actions in Europe will be a welcome addition to the bookshelf of all those interested in the function of class action litigation for promoting justice and efficiency. In particular, it will benefit graduate and postgraduate students, researchers and academics in law, economics, and law and economics, policymakers, judges and attorneys.

A Handbook of Dispute Resolution

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Author :
Publisher : Routledge
ISBN 13 : 1134952805
Total Pages : 355 pages
Book Rating : 4.1/5 (349 download)

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Book Synopsis A Handbook of Dispute Resolution by : Karl J Mackie

Download or read book A Handbook of Dispute Resolution written by Karl J Mackie and published by Routledge. This book was released on 2013-01-11 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.

The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies

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Publisher : Oxford University Press
ISBN 13 : 0191062065
Total Pages : 1293 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies by : August Reinisch

Download or read book The Conventions on the Privileges and Immunities of the United Nations and its Specialized Agencies written by August Reinisch and published by Oxford University Press. This book was released on 2016-03-24 with total page 1293 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies entered into force more than 60 years ago. This Commentary offers for the first time a comprehensive discussion covering both Conventions in their entirety, providing an overview of academic writings and jurisprudence for a legal field of particular practical relevance and gives both the academic researcher as well as the practitioner a unique source to understand the complexity of legal issues that the UN, its Specialized Agencies, their officials, Member States' representatives, and experts face in today's world.

Comparative International Commercial Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041115684
Total Pages : 994 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Comparative International Commercial Arbitration by : Julian D. M. Lew

Download or read book Comparative International Commercial Arbitration written by Julian D. M. Lew and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise describes the practice of international commercial arbitration with reference to the major international treaties and instruments, arbitration rules and national laws. It provides an analysis of the interaction between party autonomy and arbitration practice.

Law and Reality

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Publisher : BRILL
ISBN 13 : 9004637907
Total Pages : 429 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Law and Reality by : Mathilde Sumampouw

Download or read book Law and Reality written by Mathilde Sumampouw and published by BRILL. This book was released on 2023-11-27 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this Liber Amicorum deal with questions of procedural law in an international context. They cover not only problems of international civil procedure and international arbitration, but also questions of administering justice in the domestic civil and criminal law contexts, as well as in the fields of public international law and European Law. As will be clear from the list of authors, these topics are dealt with in an outstanding manner, quality needs no praise.

Recueil Des Cours

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041110169
Total Pages : 420 pages
Book Rating : 4.1/5 (11 download)

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Book Synopsis Recueil Des Cours by : Academie de Droit International

Download or read book Recueil Des Cours written by Academie de Droit International and published by Martinus Nijhoff Publishers. This book was released on 1998-06-03 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: - Souverainete territoriale et globalisation des marches: le domaine d'application des lois contre les restrictions de la concurrence, par J. BASEDOW, professeur a l'Universite libre de Berlin. The number of national laws that protect competition against private restrictions are constantly increasing. Their application to trans-boundary situations poses difficult problems for both private international law and public international law. The course deals with both, either with respect to application of the "lex fori" or with respect to application of foreign laws. - Enforcement in the International Context by K.D. KERAMEUS, Professor at the University of Athens. In recent years, enforcement proceedings have gone through a comprehensive reform in many countries. Furthermore, modern enforcement increasingly relies on foreign judgements. The course focuses on three subjects: the comparative element in recent codifications and case-law developments in the area of enforcement: salient and converging trends in the enforcement of foreign judgments on the basis of domestic law or international conventions: and the delimitation of "lex fori"and foreign law during the enforcement proceedings. To access the abstract texts for this volume please click here

In the Almost Promised Land

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Publisher : JHU Press
ISBN 13 : 9780801850653
Total Pages : 404 pages
Book Rating : 4.8/5 (56 download)

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Book Synopsis In the Almost Promised Land by : Hasia R. Diner

Download or read book In the Almost Promised Land written by Hasia R. Diner and published by JHU Press. This book was released on 1995-10 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seeking the reasons behind Jewish altruism toward African Americans, Hasis Finer shows how-in the wake of the Leo Frank trial and lynching in Atlanta-Jews came to see that their relative prosperity wa sno protection against the same social forces that threatened blacks. Jewish leaders and organizations genuinely believed in the cause of black civil rights, Diner suggests, but they also used that cause as a way of advancing their own interests-launching a vicarious attack on the nation that they felt had not lived up to its own ideals of freedom and equality.

On Civil Procedure

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Publisher : Cambridge University Press
ISBN 13 : 0521584191
Total Pages : 444 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis On Civil Procedure by : J. A. Jolowicz

Download or read book On Civil Procedure written by J. A. Jolowicz and published by Cambridge University Press. This book was released on 2000-02-17 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Jolowicz's comparative analysis of civil procedure concentrates on the purposes served by the institution of litigation rather than on the intentions of those who litigate. Stressing that those purposes go beyond mere dispute resolution by non-violent means, Jolowicz surveys a variety of topics of procedural law, making substantial use of the comparative method, in the attempt to examine and explain the ideas which underlie some of the most important of its constituent elements. In the final section, he deals with the reform of English law and ventures a prediction of the consequences that the new Civil Procedure Rules, together with the reforms which more or less immediately preceded them, will have on the character of English procedural law.

Position und Aufgaben des Richters nach westlichem und nach islamischem Recht

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Publisher : Mohr Siebeck
ISBN 13 : 9783161494703
Total Pages : 140 pages
Book Rating : 4.4/5 (947 download)

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Book Synopsis Position und Aufgaben des Richters nach westlichem und nach islamischem Recht by : Heinrich Scholler

Download or read book Position und Aufgaben des Richters nach westlichem und nach islamischem Recht written by Heinrich Scholler and published by Mohr Siebeck. This book was released on 2007 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: English summary: This volume contains the expanded articles written by a group of specialists in comparative legal history, oriental law and ethnological legal research who dealt with various aspects of the position and the function of the judge in Western and Islamic law during the 30th conference for comparative law in Wurzburg in 2005. In both legal systems, the main issue is basically the just judge. Attempts to guarantee that justice is done by a judge can be made in various ways and can complement each other, such as for example through a selection according to general knowledge and honesty, preordained professional careers or rules of procedure for the trial. German description: Dieser Band enthalt die erweiterten Beitrage der Fachgruppe fur vergleichende Rechtsgeschichte, orientalische Rechte und ethnologische Rechtsforschung, die sich auf der 30. Tagung fur Rechtsvergleichung in Wurzburg 2005 mit verschiedenen Aspekten von Position und Aufgaben des Richters nach westlichem und nach islamischem Recht beschaftigte. Dahinter steht in beiden Rechtssystemen letztlich die Frage nach dem gerechten Richter. Versuche, die Gerechtigkeit des Richters zu gewahrleisten, konnen in verschiedenster Weise erfolgen und sich erganzen, so z.B. durch Auswahl nach Sachkunde und Redlichkeit, vorgezeichnete Berufslaufbahnen oder Verfahrenvorschriften fur den Prozess. Im vorliegenden Band mit Beitragen von Wissenschaftlern aus Deutschland, der Turkei, Iran und dem Libanon werden sowohl historische wie aktuelle Aspekte dieses Themas behandelt.

Effectiveness of judicial protection and constitutional order

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Publisher :
ISBN 13 :
Total Pages : 584 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Effectiveness of judicial protection and constitutional order by : Walther J. Habscheid

Download or read book Effectiveness of judicial protection and constitutional order written by Walther J. Habscheid and published by . This book was released on 1983 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Organizations Before National Courts

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Publisher : Cambridge University Press
ISBN 13 : 0521653266
Total Pages : 523 pages
Book Rating : 4.5/5 (216 download)

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Book Synopsis International Organizations Before National Courts by : August Reinisch

Download or read book International Organizations Before National Courts written by August Reinisch and published by Cambridge University Press. This book was released on 2000-04-13 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-based right of access to court on immunizing international organizations against national jurisdictions. Finally he identifies contemporary trends, seeking to ascertain whether a more flexible principle exempting certain types of disputes from domestic adjudication might substitute for the traditional immunity concept, which would simultaneously guarantee the functioning and independence of international organizations without impairing private parties' access to a fair dispute settlement procedure.

International Encyclopedia of Comparative Law, Instalment 16

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024730117
Total Pages : 118 pages
Book Rating : 4.7/5 (31 download)

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Book Synopsis International Encyclopedia of Comparative Law, Instalment 16 by : K. Zweigert

Download or read book International Encyclopedia of Comparative Law, Instalment 16 written by K. Zweigert and published by Martinus Nijhoff Publishers. This book was released on 1982-03-01 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America

Mediation

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Publisher : Oxford University Press
ISBN 13 : 0191669350
Total Pages : 1424 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Mediation by : Klaus J. Hopt

Download or read book Mediation written by Klaus J. Hopt and published by Oxford University Press. This book was released on 2018-12-13 with total page 1424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.

Verbraucherschutz

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Publisher : Mohr Siebeck
ISBN 13 : 9783166449692
Total Pages : 524 pages
Book Rating : 4.4/5 (496 download)

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Book Synopsis Verbraucherschutz by : Eike von Hippel

Download or read book Verbraucherschutz written by Eike von Hippel and published by Mohr Siebeck. This book was released on 1986 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Procedural law on the threshold of a new millennium

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Publisher :
ISBN 13 :
Total Pages : 594 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Procedural law on the threshold of a new millennium by : Center of Legal Competence

Download or read book Procedural law on the threshold of a new millennium written by Center of Legal Competence and published by . This book was released on 2002 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transnational aspects of procedural law

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Publisher :
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Transnational aspects of procedural law by : International Association of Procedural Law

Download or read book Transnational aspects of procedural law written by International Association of Procedural Law and published by . This book was released on 1998 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: