Globalization Of Civil Procedure

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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.

The Globalization of International Law

Author : PaulSchiff Berman
Publisher : Routledge
ISBN 13 : 1351543970
Total Pages : 699 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis The Globalization of International Law by : PaulSchiff Berman

Download or read book The Globalization of International Law written by PaulSchiff Berman and published by Routledge. This book was released on 2017-07-05 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.

Globalization of Civil Procedure

Author : American Society of Comparative Law
Publisher :
ISBN 13 :
Total Pages : 38 pages
Book Rating : 4.:/5 (5 download)

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Book Synopsis Globalization of Civil Procedure by : American Society of Comparative Law

Download or read book Globalization of Civil Procedure written by American Society of Comparative Law and published by . This book was released on 2007 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Globalization of Discovery

Author : Lucas V.M. Bento
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041189211
Total Pages : 469 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Globalization of Discovery by : Lucas V.M. Bento

Download or read book Globalization of Discovery written by Lucas V.M. Bento and published by Kluwer Law International B.V.. This book was released on 2019-11-21 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery—the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.’s generous discovery tools, particularly 28 U.S.C. § 1782 (“Section 1782”), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782’s interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person “found” in the district, pursuant to Section 1782? Who qualifies as an “interested person?” What is a “foreign or international tribunal?” Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel—jurisdictional reach, receptivity, circumvention and burden—be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.

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.

The Reception and Transmission of Civil Procedural Law in the Global Society

Author : Masahisa Deguchi
Publisher : Garant
ISBN 13 : 904660151X
Total Pages : 361 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis The Reception and Transmission of Civil Procedural Law in the Global Society by : Masahisa Deguchi

Download or read book The Reception and Transmission of Civil Procedural Law in the Global Society written by Masahisa Deguchi and published by Garant. This book was released on 2008 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern times, the civil procedural laws of every country have been influenced by those of other countries. For instance, the Japanese legal system was itself influenced by Chinese culture and later developed independently under the policy of national isolation. And since 1868, Japan has modernized its civil procedural law, using French, German, and American law as its models. Japan has recently tried to contribute by way of legislative and legal educational assistance to other Asian countries (Vietnam, Cambodia, etc.) in civil and procedural law. The civil procedural laws of different countries should be expected to harmonize with each other in the global society. This book is the outcome of the Congress of the International Association of Procedural Law at the Ritsumeikan University in Kyoto, Japan. In this book, various outstanding contributors are treating a contemporary legal problem in their own civil procedural systems, including examples from India, the Netherlands, Korea, Italy, China, Japan, etc.

The Dynamism of Civil Procedure - Global Trends and Developments

Author : Colin B. Picker
Publisher : Springer
ISBN 13 : 3319219812
Total Pages : 286 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 286 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 Chinese Legal System

Author : Pitman B. Potter
Publisher : Routledge
ISBN 13 : 1134561296
Total Pages : 571 pages
Book Rating : 4.1/5 (345 download)

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Book Synopsis The Chinese Legal System by : Pitman B. Potter

Download or read book The Chinese Legal System written by Pitman B. Potter and published by Routledge. This book was released on 2005-07-08 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.

The Globalization of Class Actions

Author : Deborah R. Hensler
Publisher : SAGE Publications, Incorporated
ISBN 13 : 9781412975094
Total Pages : 0 pages
Book Rating : 4.9/5 (75 download)

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Book Synopsis The Globalization of Class Actions by : Deborah R. Hensler

Download or read book The Globalization of Class Actions written by Deborah R. Hensler and published by SAGE Publications, Incorporated. This book was released on 2009-03-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking volume of The ANNALS provides the first overview of class action laws and related mechanisms around the world. It features 30 "country reports" by leading scholars, describing the adoption, characteristics and consequences to date of class action and non-class group litigation procedures ranging across North and Latin America, Australia, Asia and Europe. In December 2007, Stanford Law School and the Oxford Centre for Socio-Legal Studies organized an international conference that studied the global spread of class actions and group litigation procedures. Scholars, jurists, and practitioners from around the world gathered to discuss and debate the use of group litigation procedures and initiate a research project on the evolution of class actions and aggregate litigation worldwide. This volume of The ANNALS is one result of that conference. Students, scholars and policymakers will find this anthology of reports to be an essential overview, providing a solid understanding of the effects of class actions around the globe.

Globalization and Local Adaptation in International Trade Law

Author : Pitman B. Potter
Publisher : UBC Press
ISBN 13 : 0774819065
Total Pages : 321 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Globalization and Local Adaptation in International Trade Law by : Pitman B. Potter

Download or read book Globalization and Local Adaptation in International Trade Law written by Pitman B. Potter and published by UBC Press. This book was released on 2011-01-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trade principles of Western liberal democracies are at the core of international trade law regimes and standards. Are non-Western societies uniformly adopting international standards, or are they adapting them to local norms and cultural values? This volume presents a new conceptual approach – the paradigm of selective adaptation – to explore and explain the reception of international trade law in the Pacific Rim. Building on a conceptual discussion of the normative and institutional contexts for international law, the contributors draw on examples from China, Japan, Thailand, and North America to show that formal acceptance of international trade standards through accession to the World Trade Organization and the General Agreement on Tariffs and Trade does not necessarily translate into uniform enforcement and acceptance at the local level. This book provides compelling evidence that non-uniform compliance will be a legitimate outcome of the globalization of international trade law.

Globalization: A Very Short Introduction

Author : Manfred B. Steger
Publisher : Oxford University Press
ISBN 13 : 0192589326
Total Pages : 185 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Globalization: A Very Short Introduction by : Manfred B. Steger

Download or read book Globalization: A Very Short Introduction written by Manfred B. Steger and published by Oxford University Press. This book was released on 2020-05-28 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live today in an interconnected world in which ordinary people can became instant online celebrities to fans thousands of miles away, in which religious leaders can influence millions globally, in which humans are altering the climate and environment, and in which complex social forces intersect across continents. This is globalization. In the fifth edition of his bestselling Very Short Introduction Manfred B. Steger considers the major dimensions of globalization: economic, political, cultural, ideological, and ecological. He looks at its causes and effects, and engages with the hotly contested question of whether globalization is, ultimately, a good or a bad thing. From climate change to the Ebola virus, Donald Trump to Twitter, trade wars to China's growing global profile, Steger explores today's unprecedented levels of planetary integration as well as the recent challenges posed by resurgent national populism. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Global Issues in Civil Procedure

Author : PAUL SCHIFF. WOO BERMAN (MARGARET.)
Publisher : West Academic Publishing
ISBN 13 : 9781642428544
Total Pages : 315 pages
Book Rating : 4.4/5 (285 download)

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Book Synopsis Global Issues in Civil Procedure by : PAUL SCHIFF. WOO BERMAN (MARGARET.)

Download or read book Global Issues in Civil Procedure written by PAUL SCHIFF. WOO BERMAN (MARGARET.) and published by West Academic Publishing. This book was released on 2021-02-26 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to facilitate the introduction of international, transnational, and comparative law issues into a first year civil procedure course. The book is very accessible for first year law students (and their professors). The chapters can be used in any combination and in any order. The book can be assigned or recommended as optional reading to supplement a domestic-only course to advance the students' understanding of their own system.

Court Delay and Law Enforcement in China

Author : Qing-Yun Jiang
Publisher : Springer Science & Business Media
ISBN 13 : 3835090127
Total Pages : 281 pages
Book Rating : 4.8/5 (35 download)

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Book Synopsis Court Delay and Law Enforcement in China by : Qing-Yun Jiang

Download or read book Court Delay and Law Enforcement in China written by Qing-Yun Jiang and published by Springer Science & Business Media. This book was released on 2008-05-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Qing-Yun Jiang shows that court delay is not a serious problem in the lower courts in respect to trial cases, but mainly in appeal cases and retrial cases, which require more time. The author confirms that law enforcement has been an obstacle for the development of market economy and a bottleneck of the judiciary and he concludes that judicial reform should not only deal with symptoms, but with the roots of the political and economic structure.

Principles of Civil Procedure

Author : Neil Andrews
Publisher : Sweet & Maxwell Uk
ISBN 13 : 9780421487109
Total Pages : 617 pages
Book Rating : 4.4/5 (871 download)

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Book Synopsis Principles of Civil Procedure by : Neil Andrews

Download or read book Principles of Civil Procedure written by Neil Andrews and published by Sweet & Maxwell Uk. This book was released on 1994-01-01 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic and analytical treatment of the modern law of civil procedure in England and Wales. It sets out the leading principles behind civil procedure, with contents following the sequence of litigation, from writ to trial and execution. The general aims of civil justice, such as promotion of access to justice, and prevention of undue delay during litigation, and the management of complex matters, are stressed. The book also discusses law reform, questions of delay, expense, complexity and conservatism in the litigation system.

The Civil Sphere

Author : Jeffrey C. Alexander
Publisher : Oxford University Press
ISBN 13 : 0199708959
Total Pages : 814 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Civil Sphere by : Jeffrey C. Alexander

Download or read book The Civil Sphere written by Jeffrey C. Alexander and published by Oxford University Press. This book was released on 2008-09-08 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt: What binds societies together and how can these social orders be structured in a fair way? Jeffrey C. Alexander's masterful work, The Civil Sphere, addresses this central paradox of modern life. Feelings for others--the solidarity that is ignored or underplayed by theories of power or self-interest--are at the heart of this novel inquiry into the meeting place between normative theories of what we think we should do and empirical studies of who we actually are. Solidarity, Alexander demonstrates, creates inclusive and exclusive social structures and shows how they can be repaired. It is not perfect, it is not absolute, and the horrors which occur in its lapses have been seen all too frequently in the forms of discrimination, genocide, and war. Despite its worldly flaws and contradictions, however, solidarity and the project of civil society remain our best hope: the antidote to every divisive institution, every unfair distribution, every abusive and dominating hierarchy. This grand, sweeping statement and rigorous empirical investigation is a major contribution to our thinking about the real but ideal world in which we all reside.

Globalization on Trial

Author : Farhang Rajaee
Publisher : IDRC
ISBN 13 : 0889369097
Total Pages : 165 pages
Book Rating : 4.8/5 (893 download)

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Book Synopsis Globalization on Trial by : Farhang Rajaee

Download or read book Globalization on Trial written by Farhang Rajaee and published by IDRC. This book was released on 2000 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization on Trial challenges the conventional view that equates globalization with the expansion of the capitalist economic system. With a broad historical and holistic brush, the author presents a view of globalization that is both multidisciplinary and multicultural. What opportunities must we seize? What dangers must we overcome? Rajaee examines human governance and the paradox of globalism and nationalism (or "nativism"), providing a particularly fresh perspective on Islamic civilization. He also focuses on our education system and how it will have to adapt to meet the new challenges.

Conflict of Laws in a Globalized World

Author : Eckart Gottschalk
Publisher : Cambridge University Press
ISBN 13 : 9780521174015
Total Pages : 320 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Conflict of Laws in a Globalized World by : Eckart Gottschalk

Download or read book Conflict of Laws in a Globalized World written by Eckart Gottschalk and published by Cambridge University Press. This book was released on 2011-03-03 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains ten contributions that examine current topics in the evolving transatlantic dialogue on the conflict of laws. The first five contributions deal with the design of judgments conventions in general, the recently adopted Hague Convention on Choice of Court Agreements, problems involving negative declaratory actions in international disputes, and recent transatlantic developments relating to service of process and collective proceedings. The remaining five contributions focus on comparative and economic dimensions of party autonomy, choice of law relating to intellectual property rights, the applicable law in antitrust law litigation, international arbitration, and actions for punitive damages.