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Author : Kenneth W. Dam
Publisher :
ISBN 13 :
Total Pages : 10 pages
Book Rating : 4.:/5 (319 download)
Download or read book Extraterritoriality and Conflicts of Jurisdiction written by Kenneth W. Dam and published by . This book was released on 1983 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Karl Matthias Meessen
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041108999
Total Pages : 294 pages
Book Rating : 4.1/5 (89 download)
Download or read book Extraterritorial Jurisdiction in Theory and Practice written by Karl Matthias Meessen and published by Martinus Nijhoff Publishers. This book was released on 1996-08-06 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the proceedings of a symposium held in Dresden addressing the topic of extraterritorial jurisdiction with respect to financial services, tax, arms control, environmental law, antitrust matters and mergers and acquisitions. It provides an overview of how differently jurisdictional issues are perceived and dealt with, especially in the USA and UK. Contributions are from experts in the field. The book differs from others in the field in that it provides a resolution on extraterritorial jurisdiction. "Audience: " Civil servants, practising lawyers and academics in the field of international public law and private international law.
Author : Cedric Ryngaert
Publisher : Oxford University Press, USA
ISBN 13 : 0199688516
Total Pages : 273 pages
Book Rating : 4.1/5 (996 download)
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by Oxford University Press, USA. This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author : R. Lea Brilmayer
Publisher : Aspen Publishing
ISBN 13 : 1543815073
Total Pages : 1173 pages
Book Rating : 4.5/5 (438 download)
Download or read book Conflict of Laws: Cases and Materials written by R. Lea Brilmayer and published by Aspen Publishing. This book was released on 2019-09-13 with total page 1173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading Conflict of Laws scholars, Conflict of Laws: Cases and Materials, Eighth Edition, presents a balanced study of Conflict of Laws, otherwise known as Private International Law. The book begins with a discussion of traditional approaches to choice-of-law problems, both inter-state and international, followed by an examination of how modern courts and commentators have struggled to formulate new and better approaches. The remaining broad topics—constitutional limitations on choice of law, personal jurisdiction, conflicts in the federal system, recognition and enforcement of judgments, extraterritorial application of federal law, choice of legal regimes, and choice of law in complex litigation—are considered in light of the wisdom derived from consideration of the basic choice-of-law problems. New to the Eighth Edition: Addition of new co-author Carlos M. Vázquez, a leading scholar in Conflict of Laws as well as the adjacent fields of International Law and Foreign Relations Law Expanded coverage of Conflict of Laws in the international context, with a focus on the increasingly important topic of extraterritorial application of federal law New Supreme Court decisions on personal jurisdiction and constitutional limits on choice of law Expanded coverage of choice of law in marriage and divorce Discussion of draft Third Restatement of Conflict of Laws Professors and students will benefit from: A balance of historical and recent cases, with problems that test application of case precedents A balance between theoretical and practical aspects of Conflict of Laws, with coverage of state law and comparative perspectives where appropriate Focus on Choice of Law Broader coverage of extraterritorial application of federal law than any leading Conflict of Laws casebook Modern applications to internet disputes, complex litigation, party autonomy, and jurisdictional competition, among other cutting-edge topics
Author : Malcolm Langford
Publisher : Cambridge University Press
ISBN 13 : 1107012775
Total Pages : 497 pages
Book Rating : 4.1/5 (7 download)
Download or read book Global Justice, State Duties written by Malcolm Langford and published by Cambridge University Press. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Author : Charles Doyle
Publisher : DIANE Publishing
ISBN 13 : 143793479X
Total Pages : 73 pages
Book Rating : 4.4/5 (379 download)
Download or read book Extraterritorial Application of American Criminal Law written by Charles Doyle and published by DIANE Publishing. This book was released on 2010-10 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime is usually territorial. It is a matter of the law of the place where it occurs. Nevertheless, a surprising number of American criminal laws apply outside of the U.S. Application is generally a question of legislative intent, expressed or implied. In either case, it most often involves crimes committed aboard a ship or airplane, crimes condemned by international treaty, crimes committed against government employees or property, or crimes that have an impact in this country even if planned or committed in part elsewhere. Although the crimes over which the U.S. has extraterritorial jurisdiction may be many, so are the obstacles to their enforcement. Contents of this report: (1) Introduction; (2) Constitutional Considerations; (3) Conclusion; (5) Bibliography.
Author : Symeon Symeonides
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 952 pages
Book Rating : 4.F/5 ( download)
Download or read book Conflict of Laws written by Symeon Symeonides and published by West Academic Publishing. This book was released on 2003 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the book, there is extensive information about the law and practice of other mostly civil-law countries that provides an opportunity for instructive comparative discussion. One chapter is devoted to international conflict, and another chapter is focused on conflict in cyberspace.
Author : Marko Milanovic
Publisher : OUP Oxford
ISBN 13 : 0191504807
Total Pages : 301 pages
Book Rating : 4.1/5 (915 download)
Download or read book Extraterritorial Application of Human Rights Treaties written by Marko Milanovic and published by OUP Oxford. This book was released on 2013-03-28 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.
Author : Ireland-Piper, Danielle
Publisher : Edward Elgar Publishing
ISBN 13 : 1788976665
Total Pages : 168 pages
Book Rating : 4.7/5 (889 download)
Download or read book Extraterritoriality in East Asia written by Ireland-Piper, Danielle and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extraterritoriality in East Asia examines the approaches of China, Japan and South Korea to exercising legal authority over crimes committed outside their borders, known as ‘extraterritorial jurisdiction’. It considers themes of justiciability and approaches to international law, as well as relevant examples of legislation and judicial decision-making, to offer a deeper understanding of the topic from the perspective of this legally, politically and economically significant region.
Author : Danielle Ireland-Piper
Publisher : Edward Elgar Publishing
ISBN 13 : 1786431785
Total Pages : 208 pages
Book Rating : 4.7/5 (864 download)
Download or read book Accountability in Extraterritoriality written by Danielle Ireland-Piper and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine.
Author : Austen Parrish
Publisher : Edward Elgar Publishing
ISBN 13 : 1800885598
Total Pages : 519 pages
Book Rating : 4.8/5 (8 download)
Download or read book Research Handbook on Extraterritoriality in International Law written by Austen Parrish and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: By engaging with the ongoing discussion surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance.
Author : Judith Seddon
Publisher : Law Business Research Ltd.
ISBN 13 : 1912377837
Total Pages : 1026 pages
Book Rating : 4.9/5 (123 download)
Download or read book Practitioner's Guide to Global Investigations written by Judith Seddon and published by Law Business Research Ltd.. This book was released on 2018-01-19 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
Author : Mistale Taylor
Publisher : Cambridge University Press
ISBN 13 : 1108805981
Total Pages : 309 pages
Book Rating : 4.1/5 (88 download)
Download or read book Transatlantic Jurisdictional Conflicts in Data Protection Law written by Mistale Taylor and published by Cambridge University Press. This book was released on 2023-04-13 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction. Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the EU's General Data Protection Regulation started applying in 2018, its data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.
Author : Cecil J. Olmstead
Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.3/5 (91 download)
Download or read book Extra-territorial Application of Laws and Responses Thereto written by Cecil J. Olmstead and published by . This book was released on 1984 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Douglas E. Rosenthal
Publisher : Routledge
ISBN 13 : 135138886X
Total Pages : 106 pages
Book Rating : 4.3/5 (513 download)
Download or read book National Laws and International Commerce written by Douglas E. Rosenthal and published by Routledge. This book was released on 2017-10-10 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Chatham House Paper, first published in 1982, examines the problem of extraterritoriality. A wide range of economic activity is subject to the laws of more than one state, yet there is little provision for resolving situations where states impose contradictory requirements. This paper is particularly concerned with four areas of difficulty: extraterritorial anti-trust enforcement; overlapping regulatory claims; economic regulation for political aims; and different approaches to adjudication.
Author : Exterritory Project
Publisher : punctum books
ISBN 13 : 0692629432
Total Pages : 484 pages
Book Rating : 4.6/5 (926 download)
Download or read book Extraterritorialities in Occupied Worlds written by Exterritory Project and published by punctum books. This book was released on 2016 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The concept of extraterritoriality designates certain relationships between space, law, and representation. This collection of essays explores contemporary manifestations of extraterritoriality and the diverse ways in which the concept has been put to use in various disciplines. Some of the essays were written especially for this volume; others are brought here together for the first time. The inquiry into extraterritoriality found in these essays is not confined to the established boundaries of political, conceptual, and representational territories or fields of knowledge; rather, it is an invitation to navigate the margins of the legal-juridical and the political, but also the edges of forms of representation and poetics.Within its accepted legal and political contexts, the concept of extraterritoriality has traditionally been applied to people and to spaces. In the first case, extraterritorial arrangements could either exclude or exempt an individual or a group of people from the territorial jurisdiction in which they were physically located; in the second, such arrangements could exempt or exclude a space from the territorial jurisdiction by which it was surrounded. The special status accorded to people and spaces had political, economic, and juridical implications, ranging from immunity and various privileges to extreme disadvantages. In both cases, a person or a space physically included within a certain territory was removed from the usual system of laws and subjected to another. In other words, the extraterritorial person or space was held at what could be described as a legal distance. (In this respect, the concept of extraterritoriality presupposes the existence of several competing or overlapping legal systems.) It is this notion of being held at a legal distance around which the concept of extraterritoriality may be understood as revolving.
Author : Maher M. Dabbah
Publisher : Cambridge University Press
ISBN 13 : 1139492713
Total Pages : pages
Book Rating : 4.1/5 (394 download)
Download or read book International and Comparative Competition Law written by Maher M. Dabbah and published by Cambridge University Press. This book was released on 2010-09-16 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This thorough appraisal of competition law and policy from an international and comparative perspective covers the role of different international organisations active in the area, the significance of multinational enterprises and, in particular, the differences between US and EU systems. Taking examples from regions such as Africa, the Middle East and Asia, Maher M. Dabbah looks at the law and policy in developing countries and at a regional level, the internationalisation of competition law and the doctrines of extraterritoriality, bilateral cooperation and multilateral cooperation as well as the relationship between competition and trade policy. The book should prove useful to anyone who is interested in gaining an insight into the international dimension of competition law and policy. It is written in a language and style which make such a complex topic both possible to understand and enjoyable.
