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Author : Slaheddine Mellouli
Publisher :
ISBN 13 :
Total Pages : 563 pages
Book Rating : 4.:/5 (949 download)
Download or read book Le contrat de transport maritime de marchandises à l'épreuve de formalisme written by Slaheddine Mellouli and published by . This book was released on 2004 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hervé Roméo Watat
Publisher :
ISBN 13 : 9782731411256
Total Pages : 550 pages
Book Rating : 4.4/5 (112 download)
Download or read book Le contrat de transport maritime de marchandises à l'épreuve du droit commun des written by Hervé Roméo Watat and published by . This book was released on 2019 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Le contrat de transport maritime de marchandises written by and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Germain Merlin Nguimfack Tsobgo
Publisher :
ISBN 13 :
Total Pages : 550 pages
Book Rating : 4.:/5 (124 download)
Download or read book Réflexion critique sur les modes de règlement des litiges dans le transport maritime de marchandises written by Germain Merlin Nguimfack Tsobgo and published by . This book was released on 2012 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le traitement des litiges entre usagers et opérateurs des transports maritimes de marchandises est ordinairement dévolu aux juridictions étatiques. Cependant, d'innombrables données concourent à complexifier la tâche de ces juridictions : la nature singulière du contrat de transport maritime de marchandises, l'internationalité immanente des opérations matérielles, la pluralité des intervenants et l'enchevêtrement d'une multitude de contrats annexes, etc. Les instances judiciaires sont aussi confrontées à des facteurs complémentaires de complexification découlant du défaut d'uniformité des textes de fond et de procédure. La combinaison de ces éléments conduit à observer que, les outils déployés par les juridictions étatiques sont considérablement mis à l'épreuve, voire ébranlés, lorsque le litige se rapporte au transport maritime de marchandises. Or, les questions juridiques en cause sont essentielles, tant elles touchent à des aspects processuels primordiaux comme l'identification du juge compétent, la détermination de la loi applicable, etc. Elles concernent aussi des aspects procéduraux décisifs tels que l'identification des parties en litige, la prescription, la transmission des droits d'action, l'efficience des institutions. Pour remédier aux carences, un réflexe naturel conduit à s'orienter vers des modèles alternatifs plus souples comme l'arbitrage ou les procédés amiables (médiation/conciliation). Cependant, ces modèles sont, quant à eux, tiraillés par une quête de légitimation qui les pousse à se proceduraliser, à s'institutionnaliser, voire à se juridictionnaliser. Au demeurant, ils ne sont point exempts des critiques habituellement formulées à l'égard des institutions judiciaires, relativement au coût et à la lenteur de traitement des litiges. Voilà autant de paradoxes qui ont justifiés qu'une réflexion critique soit menée sur les fondements, les aspirations et les outils déployés par les trois modèles de traitement des litiges retenus dans le cadre de notre étude.
Download or read book Le contrat de transport maritime de marchandises written by and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Laurent Mayali
Publisher : Springer
ISBN 13 : 3319733621
Total Pages : 345 pages
Book Rating : 4.3/5 (197 download)
Download or read book Customary Law Today written by Laurent Mayali and published by Springer. This book was released on 2018-06-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current practices in customary law. It includes contributions by scholars from various legal systems (the USA, France, Israel, Canada etc.), who examine the current impacts of customary law on various aspects of private law, constitutional law, business law, international law and criminal law. In addition, the book expands the traditional concept of the rule of law, and argues that lawyers should not narrowly focus on statutory law, but should instead pay more attention to the impact of practices on “real legal life.” It states that the observation of practices calls for a stronger focus on usage, customs and traditions in our legal systems – the idea being not to replace statutory law, but to complement it with customary observations.
Author : Thomas Wilhelmsson
Publisher : Springer Science & Business Media
ISBN 13 : 9780792316596
Total Pages : 276 pages
Book Rating : 4.3/5 (165 download)
Download or read book Critical Studies in Private Law written by Thomas Wilhelmsson and published by Springer Science & Business Media. This book was released on 1992-03-31 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical Studies in Private Law discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The starting point of the analysis is the recognition of contradictions within the legal order. In this respect the theory may use the experience of both American Critical Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law. The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure.
Author : Jaime Rodríguez-Arana Muñoz
Publisher : Springer
ISBN 13 : 3319189743
Total Pages : 389 pages
Book Rating : 4.3/5 (191 download)
Download or read book Recognition of Foreign Administrative Acts written by Jaime Rodríguez-Arana Muñoz and published by Springer. This book was released on 2015-12-11 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an analysis of the concept of the administrative act and its classification as ‘foreign’, and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy and enforceability of foreign administrative acts at national level. The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.
Author :
Publisher :
ISBN 13 : 9780646180885
Total Pages : 245 pages
Book Rating : 4.1/5 (88 download)
Download or read book The Men's Bibliography written by and published by . This book was released on 1996 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Françoise Bouchet-Saulnier
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442221135
Total Pages : 827 pages
Book Rating : 4.4/5 (422 download)
Download or read book The Practical Guide to Humanitarian Law written by Françoise Bouchet-Saulnier and published by Rowman & Littlefield Publishers. This book was released on 2013-12-12 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.
Author : Zheng Sophia Tang
Publisher : Edward Elgar Publishing
ISBN 13 : 1849808597
Total Pages : 507 pages
Book Rating : 4.8/5 (498 download)
Download or read book Conflict of Laws in the People’s Republic of China written by Zheng Sophia Tang and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.
Author : Herman Verbist
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041168265
Total Pages : 634 pages
Book Rating : 4.0/5 (411 download)
Download or read book ICC Arbitration in Practice written by Herman Verbist and published by Kluwer Law International B.V.. This book was released on 2015-12-19 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rules of Arbitration of the International Chamber of Commerce - commonly referred to as the ICC Rules — are the rules most frequently used in commercial disputes between business partners from different countries. Since they were first launched in 1922, these Rules have been applied in over 21,000 cases. The second revised edition of this eminently practical volume provides an article-by-article commentary of the current version of the ICC Rules of Arbitration in force as from 1 January 2012. Using clear and concise language, unencumbered by footnotes and illustrated by flow diagrams, the authors guide the reader through the various stages of ICC arbitration proceedings, from initiation to the final award. This thorough analysis is enhanced with other invaluable material, including: • a digest of statistics relating to ICC arbitration for the years 2009 to 2013; • references to selected national arbitration laws and to the UNCITRAL Model Law on International Commercial Arbitration; • a bibliography, including useful web sites; and • a separate chapter on ICC’s other dispute resolution services, such as mediation, expert proceedings, dispute boards, DOCDEX and the pre-arbitral referee procedure. Appendices provide the reader with the texts of ICC’s various dispute resolution rules and other relevant documents. The authors, all practicing lawyers, have all worked as counsel at the Secretariat of the ICC International Court of Arbitration. They have gone on to represent parties and act as arbitrators in many international proceedings. They also serve as mediators and party representatives in international mediations. They are also members of the ICC Commission on Arbitration and ADR and participated in the discussions leading to the 2012 ICC Rules of Arbitration. Written from a practical perspective, this book remains an essential resource for company lawyers who wish to familiarize themselves with ICC arbitration, assess the pros and cons of entering into an arbitration clause referring to the ICC Rules, or obtain information and guidance on how to proceed in a given situation. Arbitration practitioners will find useful information on the practice of ICC arbitration, including various notes of the ICC Court Secretariat and reports of the ICC Commission on Arbitration and ADR.
Author : Jonathan Hill
Publisher : Oxford University Press
ISBN 13 : 0198732295
Total Pages : 593 pages
Book Rating : 4.1/5 (987 download)
Download or read book Clarkson & Hill's Conflict of Laws written by Jonathan Hill and published by Oxford University Press. This book was released on 2016 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clarkson & Hill's Conflict of Laws provides a detailed account of the topics taught on private international law courses, reflecting the profound changes that the subject has undergone in recent years. Focusing on key principles in an engaging and approachable style, this text is key reading for private international law students.
Author : Nathalie Najjar
Publisher : BRILL
ISBN 13 : 9004357483
Total Pages : 1340 pages
Book Rating : 4.0/5 (43 download)
Download or read book Arbitration and International Trade in the Arab Countries written by Nathalie Najjar and published by BRILL. This book was released on 2017-10-23 with total page 1340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.
Author : Serena Forlati
Publisher : BRILL
ISBN 13 : 9004408576
Total Pages : 219 pages
Book Rating : 4.0/5 (44 download)
Download or read book Universal Civil Jurisdiction written by Serena Forlati and published by BRILL. This book was released on 2020-10-12 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.
Author : J A De Moor
Publisher : BRILL
ISBN 13 : 900462564X
Total Pages : 242 pages
Book Rating : 4.0/5 (46 download)
Download or read book Imperialism and War written by J A De Moor and published by BRILL. This book was released on 2023-08-21 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Judith Surkis
Publisher : Cornell University Press
ISBN 13 : 1501729993
Total Pages : 296 pages
Book Rating : 4.5/5 (17 download)
Download or read book Sexing the Citizen written by Judith Surkis and published by Cornell University Press. This book was released on 2018-07-05 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did marriage come to be seen as the foundation and guarantee of social stability in Third Republic France? In Sexing the Citizen, Judith Surkis shows how masculine sexuality became central to the making of a republican social order. Marriage, Surkis argues, affirmed the citizen's masculinity, while also containing and controlling his desires. This ideal offered a specific response to the problems—individualism, democratization, and rapid technological and social change—associated with France's modernity. This rich, wide-ranging cultural and intellectual history provides important new insights into how concerns about sexuality shaped the Third Republic's pedagogical projects. Educators, political reformers, novelists, academics, and medical professionals enshrined marriage as the key to eliminating the risks of social and sexual deviance posed by men-especially adolescents, bachelors, bureaucrats, soldiers, and colonial subjects. Debates on education reform and venereal disease reveal how seriously the social policies of the Third Republic took the need to control the unstable aspects of male sexuality. Surkis's compelling analyses of republican moral philosophy and Emile Durkheim's sociology illustrate the cultural weight of these concerns and provide an original account of modern French thinking about society. More broadly, Sexing the Citizen illuminates how sexual norms continue to shape the meaning of citizenship.
