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National Reports For The Xii International Congress Of Comparative Law
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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
Book Synopsis International Encyclopedia of Comparative Law by : Arthur Taylor von Mehren
Download or read book International Encyclopedia of Comparative Law written by Arthur Taylor von Mehren and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis American Comparative Law by : David S. Clark
Download or read book American Comparative Law written by David S. Clark and published by Oxford University Press. This book was released on 2022-09-02 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--
Book Synopsis The Competitive State by : Alb. Breton
Download or read book The Competitive State written by Alb. Breton and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: I. The concept of competition played a central role in the very first attempts to apply the tools of economics to the analysis of politics. Adopting Hotelling's (1929) industrial organization model of imperfect competition in markets in which space has a predominant role, Downs (1957), following on some perceptive insights of Schumpeter (1942), was able to formulate a model of electoral competition in which political parties, seeking the support of citizens, compete against each other in offering policies designed to elicit their vote. Downs' model and the numerous variants to which it gave birth soon became the major component of what was to become Public Choice Theory. The enormous efforts of the last 30 years devoted to modelling electoral competition have helped improve our understanding of politics and have contributed a basic element that undoubtedly will remain essential to any reasonably complete theory of politics. But whatever may have been early expectations, it is now clear that electoral competition will only be one such element. More recently, the idea of competition has been used to model interest-group behavior. Becker (1983), building on earlier work by Bentley (1908), Truman (1958), Olson (1965), Stigler (1971) and Peltzman (1976), applied the Public Finance analysis of the excess-burden of taxes and subsidies - to which, incidentally, Hotelling (1938) had made pioneering contribution- to produce a model in which competition between interest groups determines an equilibrium distribution of income.
Book Synopsis Smart Contracts and Comparative Law by : Andrea Stazi
Download or read book Smart Contracts and Comparative Law written by Andrea Stazi and published by Springer Nature. This book was released on 2021-12-08 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.
Book Synopsis Comparative Legal Reasoning and European Law by : Markku Kiikeri
Download or read book Comparative Legal Reasoning and European Law written by Markku Kiikeri and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Legal Reasoning and European Law deals with the use of comparative law in European legal adjudication. It describes the different forms of the use of comparative law in legal reasoning, argumentation and justification in several national legal orders and in European level legal institutions. The book begins with an inquiry into the nature of comparative law as a legal source. After the description of the empirical study it ends to the general theory of European law and several hard cases of European law are examined. The book is intended for students and researchers in European law but it also contains aspects to be taken into account in the practical work in European legal orders and legal institutions by judges and legal practitioners.
Book Synopsis Selected Essays on the Conflict of Laws by : Friedrich Juenger
Download or read book Selected Essays on the Conflict of Laws written by Friedrich Juenger and published by BRILL. This book was released on 2021-10-25 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Friedrich K. Juenger on the conflict of laws is always worth attending to. Rejecting the "conventional wisdom" that prevails in the field, he sees the conflict of laws not as a discipline devoid of substantive values but as a powerful catalyst for multistate justice. Here is a wide-ranging collection of essays on a variety of problems posed by transactions that transcend state and national borders. The essays include a comparison of jurisdiction issues in the United States and the European Communities, opinions on forum shopping, a critique of interest analysis techniques, and a plea for a comparative approach to choice-of-law issues. Invaluable studies in the extraterritorial application of United States antitrust law, recognition of foreign money judgments and divorces, and regional conventions round out the collection. Published under the Transnational Publishers imprint.
Book Synopsis A History of International Law in Italy by : Giulio Bartolini
Download or read book A History of International Law in Italy written by Giulio Bartolini and published by Oxford University Press. This book was released on 2020-04-02 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically reassesses the history and impact of international law in Italy. It examines how Italy's engagement with international law has been influenced and cross-fertilized by global dynamics, in terms of theories, methodologies, or professional networks. It asks to what extent historical and political turning points influenced this engagement, especially where scholars were part of broader academic and public debates or even active participants in the role of legal advisers or politicians. It explores how international law was used or misused by relevant actors in such contexts. Bringing together scholars specialized in international law and legal history, this volume first provides a historical examination of the theoretical legal analysis produced in the Italian context, exploring its main features, and dissident voices. The second section assesses the impact on international law studies of key historical and political events involving Italy, both international and domestically; and, conversely, how such events influenced perceptions of international law. Finally, a concluding section places the preceding analysis within a broader, contemporary perspective. This volume weighs in on in the growing debate on the need to explore international law from comparative and local viewpoints. It shows how regional, national, and local contexts have contributed to shaping international legal rules, institutions, and doctrines; and how these in turn influenced local solutions.
Book Synopsis General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé by : Karen B. Brown
Download or read book General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé written by Karen B. Brown and published by Springer Science & Business Media. This book was released on 2011-12-29 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. This comprehensive volume tells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. The volume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law.
Book Synopsis Israel's National Security Law by : Amichai Cohen
Download or read book Israel's National Security Law written by Amichai Cohen and published by Routledge. This book was released on 2012-08-06 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terror attacks on western civilian targets have stimulated interest in the dilemmas faced by liberal societies when combating threats to national security. Combining the perspectives of political science and law, this book addresses that discourse, asking how democracies seek to harmonize the protection of individual liberties with the defence of state interests. The book focuses on the experience of Israel, a country whose commitment to democratic values has continuously been challenged by multiple threats to national survival. It examines the legal, legislative and institutional methods employed to resolve the dilemmas generated by that situation, and thus provides a unique interpretation of Israeli national security behaviour. Policy-making and policy-implementation in this sphere, it shows, have reflected not just external constraints but also shifts in the domestic balance of power between the executive, the legislature and the judiciary. The book concludes with an agenda of the measures that each branch of government needs to implement in order to repair the flaws that have developed in this system over time. Based on a close reading of legislative and court readings, the book proposes a new taxonomy for the analysis of national security legal frameworks, both in Israel and elsewhere in the democratic world. As such it will be of great interest to students and scholars of political science, national security law, Israeli history and civil-military relations.
Author :Academie de Droit International Publisher :Martinus Nijhoff Publishers ISBN 13 :9789041110169 Total Pages :420 pages Book Rating :4.1/5 (11 download)
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
Book Synopsis Comparative Law and Economics by : Ugo Mattei
Download or read book Comparative Law and Economics written by Ugo Mattei and published by University of Michigan Press. This book was released on 1997 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book links the study of comparative law with the study of law and economics
Book Synopsis Enforcing International Human Rights in Domestic Courts by : Benedetto Conforti
Download or read book Enforcing International Human Rights in Domestic Courts written by Benedetto Conforti and published by BRILL. This book was released on 2021-09-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law.
Download or read book International Books in Print written by and published by . This book was released on 1998 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Wade Vade Mecum on Comparative Law by : Daniel L. Wade
Download or read book The Wade Vade Mecum on Comparative Law written by Daniel L. Wade and published by . This book was released on 1992 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Adaptation of Long-Term Gas Sale Agreements by Arbitrators by : Pietro Ferrario
Download or read book The Adaptation of Long-Term Gas Sale Agreements by Arbitrators written by Pietro Ferrario and published by Kluwer Law International B.V.. This book was released on 2017-04-15 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: International commercial gas sale agreements are often characterised by a duration of twenty years or more. Consequently, when unforeseen events alter market conditions the contractual equilibrium originally found by the parties is disrupted, giving rise to the necessity to renegotiate and adapt the agreement. If negotiation fails, the parties in most cases submit the matter to arbitration. This comprehensive analysis of what can happen under such circumstances proceeds from an in-depth consideration of the power of arbitrators to intervene on the agreement in the light of arbitrability and procedural law. The author fully explains the complex special nature of gas pricing and contract clauses, and takes into account such features as the following, especially in the wake of the 2009 crisis as it affected the gas sector: - take or pay clauses; - mechanisms for gas price calculation; - price review and price re-opener clauses; - hardship provisions; - problems arising from the absence of a specific clause providing for adaptation/adjustment; - effect on contracts of the emergence and development of spot or traded gas markets; and - trend toward introducing spot-market elements into an oil-indexed price formula. The analysis draws on interviews with lawyers and arbitrators who have been involved in recent proceedings regarding gas sale contract adaptations, and also considers court decisions issued in setting aside or enforcing arbitration awards handed down in energy disputes. A central discussion throughout this book is the possible responses to the question of whether it is possible to determine a principle of law justifying the arbitrator’s power to intervene in contract adaptation. All professionals involved in the production, wholesaling, or distribution of gas will find this book indispensable. It will also be of special value to practitioners, policymakers, and regulators in the fields of energy law and environmental law.
