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Transnational Litigation In A Nutshell
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Book Synopsis Transnational Litigation in a Nutshell by : George A. Bermann
Download or read book Transnational Litigation in a Nutshell written by George A. Bermann and published by West Academic Publishing. This book was released on 2021-01-15 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title identifies and explores recurring issues of jurisdiction, procedure, and choice of law entailed in the resolution of transnational disputes in U.S. courts. It covers the sources of transnational litigation law in the United States, personal and subject matter jurisdiction, parallel litigation, foreign sovereign immunity and the act of state doctrine, choice of law, extraterritorial discovery, extraterritorial provisional relief, recognition of foreign judgments, and the role of courts in connection with international arbitration.
Book Synopsis Transnational Litigation in a Nutshell by : George A. Bermann
Download or read book Transnational Litigation in a Nutshell written by George A. Bermann and published by West Academic Publishing. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A book of poetry regarding love, lust, and erotica. It is expressive and intense and will keep the reader wanting for more.
Book Synopsis Transnational Litigation in Comparative Perspective by : Stephen C. McCaffrey
Download or read book Transnational Litigation in Comparative Perspective written by Stephen C. McCaffrey and published by . This book was released on 2010 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Litigation in Comparative Perspective: Theory and Application is the only casebook that examines the principal issues in transnational litigation from a comparative perspective. Each chapter focuses on a particular core problem that all legal systems must address. The first half of each chapter is devoted to exploring the theoretical context of the issue, thereby enabling students to appreciate the complexity of the problem and to see how achieving a resolution requires balancing competing interests. The second part of each chapter then focuses on how different systems deal with these challenges. Topics covered include protective measures, personal jurisdiction, forum non conveniens, forum selection clauses, state immunity, state doctrine, service of process, gathering evidence abroad, choice of law, and recognition and enforcement of foreign judgments. Distinctive Features *Uses a comparative approach that better prepares future lawyers for international litigation that may be initiated in countries other than the U.S. *Offers a hypothetical at the beginning of each chapter to introduce the fundamental issue; the hypotheticals raise questions that are diagnostic rather than prescriptive, leading to many "right" answers *Accommodates different types of courses--professors who employ a less theoretical approach can use the hypotheticals to ground class discussions *Considers issues unique to arbitration as they arise in connection with the various topics studied
Book Synopsis Corporations and Transnational Human Rights Litigation by : Sarah Joseph
Download or read book Corporations and Transnational Human Rights Litigation written by Sarah Joseph and published by Hart Publishing. This book was released on 2004-08 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines ways of holding multinational corporations liable for offshore human rights abuses in the courts of the companies' home States.
Book Synopsis Litigating International Law Disputes by : Natalie Klein
Download or read book Litigating International Law Disputes written by Natalie Klein and published by Cambridge University Press. This book was released on 2014-04-10 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating International Law Disputes provides a fresh understanding of why states resort to international adjudication or arbitration to resolve international law disputes. A group of leading scholars and practitioners discern the reasons for the use of international litigation and other modes of dispute settlement by examining various substantive areas of international law (such as human rights, trade, environment, maritime boundaries, territorial sovereignty and investment law) as well as considering case studies from particular countries and regions. The chapters also canvass the roles of international lawyers, NGOs, and private actors, as well as the political dynamics of disputes, and identify emergent trends in dispute settlement for different areas of international law.
Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby, Jr.
Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby, Jr. and published by Oxford University Press. This book was released on 2017-02-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Book Synopsis Transnational Litigation by : Richard H. Kreindler
Download or read book Transnational Litigation written by Richard H. Kreindler and published by . This book was released on 1998 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a clear, easy-to-understand guide to the issues and decision points encountered when planning to resolve, or avoid, a transnational dispute. Each basic concept and all facets of litigation procedure and strategy are explored in the context of multi-jurisdictional interaction; that is, exposing the characteristics of one legal system which may, or may not, be available in the other. The analysis elucidates the choices available at the different stages of a transnational litigation. These choices appear in each and every phase of litigation, as well as during the planning process when dispute avoidance is the primary objective. The first half of this book is a practitioner's guide with ample descriptions of how to conduct litigation abroad. The second half is sub-divided into six appendices, and includes a table of cases and a topic index.
Book Synopsis Litigation of International Disputes in U.S. Courts by : Ved P. Nanda
Download or read book Litigation of International Disputes in U.S. Courts written by Ved P. Nanda and published by . This book was released on 2003 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Transnational Legal Orders by : Terence C. Halliday
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Book Synopsis International Litigation and Arbitration by : THOMAS E. CARBONNEAU
Download or read book International Litigation and Arbitration written by THOMAS E. CARBONNEAU and published by West Academic Publishing. This book was released on 2020-07-03 with total page 1051 pages. Available in PDF, EPUB and Kindle. Book excerpt: Description Coming Soon!
Book Synopsis International Procedure in Interstate Litigation and Arbitration by : Eric De Brabandere
Download or read book International Procedure in Interstate Litigation and Arbitration written by Eric De Brabandere and published by Cambridge University Press. This book was released on 2021-11-25 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.
Book Synopsis Transnational Law and Practice by : Donald Earl Childress
Download or read book Transnational Law and Practice written by Donald Earl Childress and published by Aspen Publishing. This book was released on 2020-09-15 with total page 1056 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Transnational Law and Practiceemphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today’s globalized world—regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be “international law-centric” or “international court-centric” and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. New to the Second Edition: Substantially re-written chapter on recognition and enforcement of foreign judgments to reflect recent important developments Excerpts from and discussion of new Supreme Court decisions on extraterritoriality, personal jurisdiction, the Alien Tort Statute and Foreign Sovereign Immunity Excerpts from the new Restatement (Fourth) of the Foreign Relations Law of the United States and the draft Restatement of the U.S. Law of International Commercial and Investor-State Arbitration Professors and students will benefit from: A practice-oriented approach that focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Comparative perspectives throughout. A team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions. An excellent alternative to classic public international law texts for introductory or first-year courses on international or transnational law. Multiple uses: With advanced material on transnational practice in U.S. courts, also ideal for upper-division courses on international civil litigation. Practical materials not traditionally included in public international law casebooks, such as materials on transnational commercial arbitration and conflict of laws. Extensive explanatory text to facilitate student learning and notes and questions that emphasize real-world lawyering, not just theory and doctrine. Review questions at the end of each chapter to help students synthesize, logically structure, and flowchart complex material.
Book Synopsis International Commercial Litigation by : Trevor C. Hartley
Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2009-07-09 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.
Book Synopsis Multi-Tier Approaches to the Resolution of International Disputes by : Anselmo Reyes
Download or read book Multi-Tier Approaches to the Resolution of International Disputes written by Anselmo Reyes and published by Cambridge University Press. This book was released on 2021-12-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
Book Synopsis International Civil Litigation in United States Courts by : Gary Born
Download or read book International Civil Litigation in United States Courts written by Gary Born and published by Aspen Publishers. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The law governing international civil litigation has changed dramatically in the five years since the fourth edition was published. Recent decisions of the United States Supreme Court have had a significant impact on fields such as personal jurisdiction, sovereign immunity, and extraterritoriality. This current edition reflects those changes and raises important questions about the broader implications of those decisions ... Developments in this field are of course not limited to the United States. While the book still focuses primarily on United States law, the current edition deliberately incorporates more excerpts, more extensive references, and more questions concerning foreign law, especially European law. In part, this reflects an important reality--that successful practice in this area, even for the United States lawyer, requires a keen understanding of other legal systems". -- PREFACE OF THE FIFTH EDITON.
Book Synopsis Principles of International Litigation and Arbitration by : Ralph Haughwout Folsom
Download or read book Principles of International Litigation and Arbitration written by Ralph Haughwout Folsom and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Litigation and Arbitration is part of West Academic Publishing's Concise Hornbook series. Its coverage commences in Part One with an introduction to the area, notably choice of law, choice of forum and forum non conveniens issues. Part Two focuses on International Commercial and Foreign Investment Arbitration. Part Three examines International Business Litigation (including jurisdiction, procedure, sovereign defenses, enforcement of judgments and the EU litigation system), finishing with Part Four on WTO and NAFTA Dispute Settlement. Principles provides considerably more depth, analysis, citations and related documents than found in the West Nutshell Series. Principles of International Business Litigation and Arbitration can be used in connection with any international dispute settlement course book. West Academic Publishing has a number of course books in these areas. Principles can also be used independently as an inexpensive course book, notably in conjunction with the legal documents appended at the end of its chapters.
Book Synopsis Business and Human Rights by : Dalia Palombo
Download or read book Business and Human Rights written by Dalia Palombo and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.