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Author : Stephen C. McCaffrey
Publisher :
ISBN 13 : 9780197720981
Total Pages : 0 pages
Book Rating : 4.7/5 (29 download)
Download or read book Transnational Litigation in Comparative Perspective written by Stephen C. McCaffrey and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen C. McCaffrey
Publisher :
ISBN 13 :
Total Pages : 750 pages
Book Rating : 4.F/5 ( download)
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
Author : Eric De Brabandere
Publisher : Cambridge University Press
ISBN 13 : 1108963218
Total Pages : 445 pages
Book Rating : 4.1/5 (89 download)
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.
Author : Donald Earl Childress III
Publisher : Aspen Publishing
ISBN 13 : 1543817521
Total Pages : 1056 pages
Book Rating : 4.5/5 (438 download)
Download or read book Transnational Law and Practice written by Donald Earl Childress III and published by Aspen Publishing. This book was released on 2022-10-27 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 Practice emphasizes 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.
Author : Mauro Cappelletti
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 464 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Judicial Process in Comparative Perspective written by Mauro Cappelletti and published by Oxford University Press, USA. This book was released on 1989 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first application of the comparative method to the analysis of both the basic features of judicial process and their evolution and profound transformation in Europe and America. Cappelletti discusses the challenges facing the courts of justice and other adjudicatory agencies, and evaluates the solutions adopted by contemporary legal systems.
Author : Craig Martin Scott
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316808
Total Pages : 500 pages
Book Rating : 4.8/5 (473 download)
Download or read book Torture as Tort written by Craig Martin Scott and published by Bloomsbury Publishing. This book was released on 2001-05-22 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation. Cited in Nevsun Resources Ltd. v. Araya, 2020 SCC 5.
Author : Nadja Marie Alexander
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132244
Total Pages : 538 pages
Book Rating : 4.0/5 (411 download)
Download or read book International and Comparative Mediation written by Nadja Marie Alexander and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.
Author : William Elliott Butler
Publisher : BRILL
ISBN 13 : 9789028600898
Total Pages : 338 pages
Book Rating : 4.6/5 (8 download)
Download or read book International Law in Comparative Perspective written by William Elliott Butler and published by BRILL. This book was released on 1980-02 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Daniel Peat
Publisher : Cambridge University Press
ISBN 13 : 1108415474
Total Pages : 293 pages
Book Rating : 4.1/5 (84 download)
Download or read book Comparative Reasoning in International Courts and Tribunals written by Daniel Peat and published by Cambridge University Press. This book was released on 2019-06-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Author : Lauren Fielder
Publisher : Routledge
ISBN 13 : 1317006828
Total Pages : 288 pages
Book Rating : 4.3/5 (17 download)
Download or read book Transnational Legal Processes and Human Rights written by Lauren Fielder and published by Routledge. This book was released on 2016-02-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is becoming increasingly common for human rights norms to be transferred between legal and political systems and this book is a fresh approach to the intersection of transnational law and the protection of cultural difference beyond the single state border. It investigates how the construction and evolution of human rights norms are transferred in transnational legal settings and asks whether law should reflect, express or control any given aspect of culture. The chapters explore the ways that law and cultural identity may or may not co-exist, particularly in circumstances where a prima facie clash is observed. Examining legal approaches to cultural differences from a comparative perspective and across a wide range of locations, the book covers topics such as juvenile punishment, religious defamation, religious rights and conflict between industry and indigenous communities. It will be of value to those working in the areas of transnational and comparative law, as well as those concerned with human rights and the intersection of law and cultural difference.
Author : Günther Doeker-Mach
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515085601
Total Pages : 448 pages
Book Rating : 4.0/5 (856 download)
Download or read book Law and Legal Culture in Comparative Perspective written by Günther Doeker-Mach and published by Franz Steiner Verlag. This book was released on 2004 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative legal studies are at last commanding the thoughts of contemporary jurists� Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.
Author : Christopher Hodges
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316158
Total Pages : 580 pages
Book Rating : 4.8/5 (473 download)
Download or read book The Costs and Funding of Civil Litigation written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2010-11-17 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules... I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010
Author : Peer Zumbansen
Publisher : Oxford University Press
ISBN 13 : 0197547419
Total Pages : 1246 pages
Book Rating : 4.1/5 (975 download)
Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
Author : Klaus J. Hopt
Publisher : Oxford University Press
ISBN 13 : 0199653488
Total Pages : 1408 pages
Book Rating : 4.1/5 (996 download)
Download or read book Mediation written by Klaus J. Hopt and published by Oxford University Press. This book was released on 2013 with total page 1408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation has become a vital means of resolving disputes in jurisdictions around the world. This book offers the most comprehensive comparative analysis available of mediation, introducing the law and practical experience of mediation in 22 jurisdictions and analysing how mediation should be regulated at a national and international level.
Author : Joachim Zekoll
Publisher : West Academic Publishing
ISBN 13 : 9780314908131
Total Pages : 0 pages
Book Rating : 4.9/5 (81 download)
Download or read book Transnational Civil Litigation written by Joachim Zekoll and published by West Academic Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Casebook addresses the global dimension of civil procedure. The authors provide a unique comparative perspective on international litigation. This very teachable set of materials is designed to be accessible to Civil Procedure teachers who wish to teach the course, and it is also suitable for current teachers of transnational litigation. Topics include personal jurisdiction; cross-border service of process; subject matter jurisdiction; taking of evidence abroad; problems of choice of forum, choice of law and parallel proceedings; recognition and enforcement of foreign judgments; international arbitration; and foreign sovereign immunities.
Author : Sarah Joseph
Publisher : Hart Publishing
ISBN 13 : 1841134570
Total Pages : 190 pages
Book Rating : 4.8/5 (411 download)
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.
Author : Mortimer Sellers
Publisher : Springer Science & Business Media
ISBN 13 : 9048137497
Total Pages : 253 pages
Book Rating : 4.0/5 (481 download)
Download or read book The Rule of Law in Comparative Perspective written by Mortimer Sellers and published by Springer Science & Business Media. This book was released on 2010-07-23 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.
