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Author : Singapore Academy of Law. Conference
Publisher :
ISBN 13 :
Total Pages : 988 pages
Book Rating : 4.3/5 (91 download)
Download or read book Developments in Singapore Law Between 2001 and 2005 written by Singapore Academy of Law. Conference and published by . This book was released on 2006 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Franco Ferrari
Publisher : Walter de Gruyter
ISBN 13 : 3866539290
Total Pages : 481 pages
Book Rating : 4.8/5 (665 download)
Download or read book Conflict of Laws in International Arbitration written by Franco Ferrari and published by Walter de Gruyter. This book was released on 2010-12-23 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.
Author : Faye Fangfei Wang
Publisher : Routledge
ISBN 13 : 1135272387
Total Pages : 342 pages
Book Rating : 4.1/5 (352 download)
Download or read book Law of Electronic Commercial Transactions written by Faye Fangfei Wang and published by Routledge. This book was released on 2010-01-21 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The exponential growth of electronic usage in global commercial transactions has generated potential opportunities in productivity, facilitated the cross-border free movement of goods and service, and stimulated export and import trade as well as domestic sale, but at the same time, it has led to new challenges to existing laws due to the unique characteristics and complexities of online technology, culture and social behaviours. This book compares the legislative frameworks of e-commerce in the EU, US, China and International Organisations. It highlights and analyses the main legal obstacles to the establishment of trust and confidence in doing business online. It provides an in-depth research into finding solutions to remove the barriers to the validity of electronic contracts and signatures, the enforceability of data privacy protection, the determination of Internet jurisdiction and choice of law, as well as the promotion of online dispute resolution. It encourages modernisation and harmonisation of laws concerning electronic commercial transactions through well-balanced area-specific international instruments. Law of Electronic Commercial Transactions will be of great interest to academics, legislative organisations, practitioners and lawyers in the field of international commerce.
Author : Mukarrum Ahmed
Publisher : Bloomsbury Publishing
ISBN 13 : 1509914471
Total Pages : 290 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Nature and Enforcement of Choice of Court Agreements written by Mukarrum Ahmed and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.
Author : Alex Mills
Publisher : Cambridge University Press
ISBN 13 : 0521515416
Total Pages : 421 pages
Book Rating : 4.5/5 (215 download)
Download or read book The Confluence of Public and Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2009-07-02 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the relationship between private international law, examined from an international systemic perspective, and public international law.
Author : Roman Tomasic
Publisher : Routledge
ISBN 13 : 1351571540
Total Pages : 562 pages
Book Rating : 4.3/5 (515 download)
Download or read book Commercial Law in East Asia written by Roman Tomasic and published by Routledge. This book was released on 2017-07-05 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.
Author : Marian Hoeks
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132465
Total Pages : 562 pages
Book Rating : 4.0/5 (411 download)
Download or read book Multimodal Transport Law written by Marian Hoeks and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: We only have to look around us on the road while we travel to work or home, or to use our eyes at a railway station to know that the transport of goods takes up a lot of the room our modern day infrastructures provide. Sometimes perhaps a little too much; nowadays congestion seems to be the rule rather than the exception. This is an uncomfortable side effect of the explosive growth freight transport has experienced the last few decades1. Modern day transport offers a considerable array of possibilities; possibilities that are for the most part taken for granted by the general public that enjoys their benefits. The average European would not be surprised to learn that the fruit on offer in the local supermarket originates from another continent for instance. The idea that most of the things we use in our daily routine stem from a distant source, such as a cell phone from Japan, a trendy pair of designer jeans made in China or a glass of Australian wine, seems completely natural to us. Clearly the contemporary transport industry offers us a lot of benefits besides such discomforts as congestion and pollution. In earlier times, before machinery such as the steam engine had been invented it was hardly cost effective or even feasible when it came to perishables to carry goods halfway around the world if they were not at least valuable and extraordinary2. The limitations set on trade by the transport structures available did more however than simply curtail the range of affordable products on offer for the public. They also had a negative effect on the location of the industry, limited transport possibilities and forced production to take place near or in heavily populated areas to secure the necessary workforce and market possibilities. After all, industrial decentralisation is only feasible if there is an infrastructure capable of supporting a cost effective movement of goods and employees3 ...
Author : Kazuaki Nishioka
Publisher : Bloomsbury Publishing
ISBN 13 : 1509956573
Total Pages : 381 pages
Book Rating : 4.5/5 (99 download)
Download or read book Treatment of Foreign Law in Asia written by Kazuaki Nishioka and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case? What should judges do if parties do not raise or disagree on the content of foreign law? This thematic volume in the Studies in Private International Law – Asia series analyses the treatment of foreign law before judicial authorities, that is, how the courts of Asian states deal with the proof of foreign law in court litigation involving cross-border elements. The individual chapters cover 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka, and India. The Introduction and Conclusion examine similarities and differences in the approaches taken by the 15 Asian states with a view to assessing the extent to which those approaches are consistent or different from each other. The book also puts forward suggestions for harmonising differing approaches, especially between Asian common law and civil law states. The book is a one-stop reference guide on the treatment of foreign law in Asia and will be indispensable to judges, practitioners, and scholars not just in Asia, but worldwide.
Author : Abubakri Yekini
Publisher : Bloomsbury Publishing
ISBN 13 : 1509947094
Total Pages : 312 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Hague Judgments Convention and Commonwealth Model Law written by Abubakri Yekini and published by Bloomsbury Publishing. This book was released on 2021-08-12 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.
Author : Peng Guo
Publisher : Springer Nature
ISBN 13 : 3662652501
Total Pages : 397 pages
Book Rating : 4.6/5 (626 download)
Download or read book Selected Chinese Cases on the UN Sales Convention (CISG) Vol. 1 written by Peng Guo and published by Springer Nature. This book was released on 2022-07-07 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, mainly from 1990 to 2005. During this period, the number of cases grew gradually. The total number of cases remained low, the reasons of which might be the following: parties were not familiar with the CISG hence decided to opt out of it; the case collection and report systems in China at that time were not as developed as now rendering many cases inaccessible. This book deals with the cases in the early days of the development of the CISG in China. These cases reflect how People’s Court of all levels started to deal with various issues arising from the CISG and will help understand whether and how the People’s Courts change their approaches to the interpretation and application of the CISG in the future.
Author : Stephan Ortmann
Publisher : Routledge
ISBN 13 : 1135244669
Total Pages : 260 pages
Book Rating : 4.1/5 (352 download)
Download or read book Politics and Change in Singapore and Hong Kong written by Stephan Ortmann and published by Routledge. This book was released on 2009-12-04 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In democratization theory, Singapore continues to be a remarkable country for its extremely low level of contentious politics despite rapid economic development. In contrast, many different groups in Hong Kong have taken their demands to the streets since the 1970s. Even though there is an obvious difference in the willingness of the population to actively challenge the regime, the political developments of the two city-states show a similar pattern of political mobilization and government reaction. This book examines the changing pattern of contentious politics in the democratization process of these Asian city-states. It explores the causal connections between popular contention and democratization, using a multi-disciplinary approach with theoretical insights from the political sciences, sociology and psychology. The political process model is applied to provide further understanding of the patterns of interaction between contenders, opposition groups or social movements and the ruling elite. The book argues that differences in the strategies applied by the ruling elite explain why members of the opposition were empowered or obstructed in challenging the government.
Author : Dan Jerker B. Svantesson
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159657
Total Pages : 646 pages
Book Rating : 4.0/5 (411 download)
Download or read book Private International Law and the Internet written by Dan Jerker B. Svantesson and published by Kluwer Law International B.V.. This book was released on 2016-03-22 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this, the third edition of Private International Law and the Internet, Professor Dan Svantesson provides a detailed and insightful account of what is emerging as the most crucial current issue in private international law; that is, how the Internet affects and is affected by the four fundamental questions: When should a lawsuit be entertained by the courts? Which state's law should be applied? When should a court that can entertain a lawsuit decline to do so? And will a judgment rendered in one country be recognized and enforced in another? He identifies and investigates twelve characteristics of Internet communication that are relevant to these questions, and then proceeds with a detailed discussion of what is required of modern private international law rules. Professor Svantesson's approach focuses on several issues that have far-reaching practical consequences in the Internet context, including the following: • cross-border defamation; • cross-border business contracts; • cross-border consumer contracts; and • cross-border intellectual property issues. A wide survey of private international law solutions encompasses insightful and timely analyses of relevant laws adopted in a variety of countries including Australia, England, Hong Kong, the United States, Germany, Sweden, and China as well as in a range of international instruments. There is also a chapter on advances in geo-identification technology and its special value for legal practice. The book concludes with two model international conventions, one on cross-border defamation and one on cross-border contracts; as well as a set of practical check-lists to guide legal practitioners faced with cross-border matters within the discussed fields. Professor Svantesson's book brings together a wealth of research findings in the overlapping disciplines of law and technology that will be of particular utility to practitioners and academics working in this new and rapidly changing field. His thoughtful analysis of the interplay of the developing Internet and private international law will also be of great value, as will the tools he offers with which to anticipate the future. Private International Law and the Internet provides a remarkable stimulus to continue working towards globally acceptable rules on jurisdiction, applicable law, and recognition and enforcement of judgments for communication via the Internet.
Author : Allen L. Springer
Publisher : University of Toronto Press
ISBN 13 : 1442635177
Total Pages : 273 pages
Book Rating : 4.4/5 (426 download)
Download or read book Cases of Conflict written by Allen L. Springer and published by University of Toronto Press. This book was released on 2016-01-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases of Conflict focuses on times of dispute as important moments in the development of international environmental law. Conflict tests international law--both its content and its relevance become clearer in times of controversy--but conflict can also help shape the law. Drawing from a growing body of scholarship connecting the fields of international relations and international law, Cases of Conflict examines six prominent case studies to demonstrate how transboundary disputes have influenced the development of international environmental law and policy. Embracing their rich detail and real-world messiness, this book looks to develop a better understanding of the true content and potential of international environmental law.
Author : Paul Volken
Publisher : sellier. european law publ.
ISBN 13 : 3866530188
Total Pages : 479 pages
Book Rating : 4.8/5 (665 download)
Download or read book Yearbook of Private International Law 2006 written by Paul Volken and published by sellier. european law publ.. This book was released on 2007 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Main description: Current Volume VIII (2006) of the Yearbook of Private International Law is arguably one of the most comprehensive collections of essays in English-language of our time: It presents the reader with a broad overview on the status and trends of private international law from the United States to India, from France to Tunisia, from England to China, from Latvia to Qatar, from Sweden to Japan. All main areas of law are addressed: among others, marriage, including same-sex marriage, adoption and protection of children, euthanasia and living wills, inheritance, contracts, torts, insolvency. Each of the four traditional steps of the 0conflict process0 is taken into account: adjudicatory jurisdiction, international cooperation and procedure, applicable law and its various incidents, recognition of foreign judgments. Practitioners will especially benefit from several contributions on international arbitration. Benefecial for: scholars, lawyers, judges, notaries, lawyers in law departments of international enterprises, legal libraries, working in the field of Private International Law.
Author : Zou Keyuan
Publisher : Routledge
ISBN 13 : 1351562290
Total Pages : 488 pages
Book Rating : 4.3/5 (515 download)
Download or read book International Law in East Asia written by Zou Keyuan and published by Routledge. This book was released on 2017-07-05 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the world?s political and economic landscape changes in response to the rise of Asian countries such as China, so Asian influences on the global legal order will become more pronounced. Many countries in the region, such as Japan and South Korea, influence the development of international law in various ways, either individually or collectively through multinational organisations such as ASEAN. This collection of published work by leading East Asian scholars covers Asian perspectives concerning various issues in international law, ranging from general perspectives to particular themes such as international economic law, international human rights law, international ocean law, international criminal law, international security law and international dispute settlement. For the first time it provides a comprehensive picture of how and why East Asian countries participate in international law making, as well as comply with international law in their state practices. In so doing, the editors attempt to address the question whether the rising powers in East Asia will change the existing international legal order in future.
Author : Nong Hong
Publisher : Routledge
ISBN 13 : 1136277846
Total Pages : 282 pages
Book Rating : 4.1/5 (362 download)
Download or read book UNCLOS and Ocean Dispute Settlement written by Nong Hong and published by Routledge. This book was released on 2012-07-26 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the Law of the Sea (UNCLOS) offers a legal framework for the sustainable development of the oceans and their natural resources. However, recently there have been calls to amend the Convention due to some ambiguous provisions which are unable to address a variety of contemporary maritime issues. This book evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. The book’s central focus is on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book examines the ways in which an emphasis on sovereignty, threats to maritime security and overlapping maritime claims caused by the newly established maritime regimes authorized by UNCLOS are all contributing factors to the SCS dispute. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at participation in the UNCLOS negotiations, maritime legislation, and the dispute settlement practice of relevant States party to the SCS dispute. The author goes on to explore the relationship between UNCLOS and the regimes and institutions in the SCS, particularly in regard to issues of maritime security, marine environment protection, joint development of oil and gas and general political interaction. The author proposes practical mechanisms to resolve the dispute whilst also offering a final judgement on the effectiveness of UNCLOS for settling disputes. UNCLOS and Ocean Dispute Settlement will be of particular interest to academics, students and policy makers of international, shipping and maritime law as well as being of interest to academics and students in the field of international relations.
Author : Kamaruzzaman Bustamam-Ahmad
Publisher : The University of Malaya Press
ISBN 13 : 9674880194
Total Pages : 193 pages
Book Rating : 4.6/5 (748 download)
Download or read book Islamic thought in Southeast Asia: New Interpretations and Movements written by Kamaruzzaman Bustamam-Ahmad and published by The University of Malaya Press. This book was released on 2013 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have witnessed a remarkable growth in scholarship on Islam within Southeast Asia. Underlying this scholarship is a desire to resolve pressing social and political problems facing Muslim communities, an awareness of the significance of pluralism and cultural hybridity within Southeast Asian societies, and the rapidly growing interaction between Southeast Asian Muslims and the outside world. The chapters in this book represent some of the exciting new directions young scholars in Southeast Asia universities are taking Islamic Studies. Themes covered include Islam and liberalism, the diverse streams of contemporary Islamic thought, “neo-Sufi” movements, Islam and human rights, the growing influence of Islamic law, Islam and democratic politics, Islamic education, and the relationship between Islam and ethnic identity.
