In today's "flatter" world, the most serious criminal activity affecting the United States is increasingly transnational, thereby requiring the active assistance of other countries to combat it. The United States only relatively recently has dealt with this problem by entering into a growing number of bilateral and multilateral treaties, agreements, and formal and informal law enforcement arrangements. This treatise, designed for prosecutors, defense attorneys, judges and academics, is written by the former Department of Justice official responsible for supervising the implementation and design of United States treaties and statutes as it began to cope with this explosion of transnational criminal activity. It describes and analyzes in detail the legal aspects of, and operation under, these treaties, statutes, and other measures. Additional titles by Michael Abbell include: * International Prisoner Transfer 2010 * Extradition to and from the United States 2010 This is the final Edition, there will be no further updates for this series.

This collection offers an overview of the issues involved concerning the interface between human rights and intellectual property rights (IPRs). It makes clear that two schools of thought have developed. The first school maintains that human rights and IPRs are in fundamental conflict. Strong protection of IP is incompatible with human rights obligations. Thus, for resolving the conflict between the two, it is suggested that human rights should always prevail over IPRs. Whereas the second school of thought asserts that human rights and IPRs pursue the same aim; that is to define the appropriate scope of private monopoly power to create incentives for authors and inventors, while ensuring that the public has adequate access to the fruits of their efforts. Accordingly, they argue, human rights and IP are compatible. However, what is needed is to strike a balance between the provision of incentives to innovate and public access to products of that innovation. This collection explores this balance and the extent to which human rights standards can influence the interpretation of IP norms, for example in defining the scope of IPRs. The discussion on the relationship of human rights and IPRs is an ongoing one; this volume makes a valuable contribution to the debate and will further stimulate the interest to explore and address these complex and challenging issues. This is the second volume in The Raoul Wallenberg Institute of Human Rights and Humanitarian Law 'New Authors' series, which contains the best theses from the human rights masters programmes in Lund and Venice.

This book provides an analysis and comparison of international insolvency rules, maritime laws and their inevitable intersection in maritime cross-border insolvencies. Until today, the on-going shipping crisis resulted in the insolvency of numerous shipping companies all over the world. The tensions arising between the legal systems of maritime and insolvency law, paired with conflicts of law in maritime insolvencies, are a major source of legal uncertainty and risk. In 2010, the Comite Maritime International installed an international working group on international maritime insolvencies and until today it is work in progress. This book gives an overview on maritime insolvencies, with a focus on Germany, England & Wales and the USA, and assesses the chances of achieving meaningful harmonization in the complex scenarios, where ships as mobile assets add a further complication to international insolvency proceedings.

2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives-historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case's profound effects on the conceptual apparatus of the law of negligence more generally; explores the intersections between misstatement liabilities in contract, tort, equity and under statutory consumer protection provisions; and critically assesses the ways in which advisor liabilities have come to be limited and distributed under systems of 'joint and several' and 'proportionate' liability respectively. Inspired by Hedley Byrne, the purpose of the collection is to reflect on the case's echoes, effects and analogues throughout the private law and to provide a platform for thinking about the ways in which liabilities for misstatement and pure economic loss should be modelled in the modern day.

After an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a 'European contract law' has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonisation, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt. A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute of European and Comparative Law in collaboration with Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonisation. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far and suggesting areas where further analysis and research will be required

Thirteen national jurisdictions are covered in depth in this book. There are also general chapters on the global impact of merger legislation in the European Union and the United States, tax regimes, and private international law. Among the salient factors discussed in context as they arise are the following: a company's debt-to-equity ratio; the role of hedge funds; the role of private equity firms; and, currency mismatches. The authors, each an expert in his or her own country's insolvency law regime, provide precise information on the eligibility requirements, restrictions, and other provisions of the laws they discuss. They also analyze the important relevant cases in their jurisdictions. The jurisdictions covered in this book include: Argentina; Australia; Brazil; Canada; England and Wales; France; Hong Kong; India; Italy; Japan; Poland; Turkey; and, USA.

This book presents an original, deliberately controversial, and, at times, disturbing appraisal of the state of comparative law at the beginning of the 21st century. Looking at the weaknesses, strengths, and protagonists (most of whom were personally known to the author) of comparative law during the preceding thirty-five years, the book is a reminder of the unique opportunities the subject has in our shrinking world. The author brings to bear his experience of thirty-five years as a teacher of the subject to criticize the impact the long association with Roman law has had on the orientation and well-being of his subject. With equal force, he also warns against some modern trends linking it with variations of the critical legal studies movement, and he urges the study of foreign law in a way that can make it more attractive to practitioners and more usable by judges. This monograph represents a passionate call for greater intellectual cooperation. It offers one way of achieving it - a cooperation between practitioners and academics on the one hand and between Common and (modern) Civilian lawyers on the other, in an attempt to save the subject from the marginalization it suffered in the 1980s and from which the globalization movement of the 21st century may be about to deliver it.

Legal Challenges in the New Digital Age addresses a wide range of legal issues related to emerging technologies. These technologies pose prominent legal challenges, in particular, how to wedge new phenomena into old frameworks; whether we can and should delegate responsibilities to technologies and how to cope with newly created powers of manipulation. Edited by Ana Mercedes Lopez Rodriguez, Michael D. Green and Maria Lubomira Kubica, the book's sixteen chapters are written by highly qualified international practitioners and academics from different jurisdictions. Familiarity with the intricacies of emerging technologies is essential for judges, practitioners, legal staff, business people and scholars. This book's combination of highly thought-provoking topics and in-depth analysis will prove indispensable to all interested parties.

"The Comparative Law Yearbook of International Business", in its 2007 edition, treats two major topic areas: litigation and dispute resolution and banking and finance. The litigation and dispute resolution section examines various issues relating to international arbitration, such as the status of non-signatories, the employment of electronic discovery, the use of expert evidence, and costs. It further surveys the recognition of enforcement of foreign judgments in Italy, developments in litigation in Australia, Anton Pilar Orders and Internet defamation, and Italian conflict-of-law rules.The banking and finance section of the Yearbook examines Austrian capital maintenance rules, bank secrecy in Israel, and broker-dealer and investment banking strategies. Miscellaneous articles deal with Mexico's commercial bankruptcy law, Slovakia's new bankruptcy legislation, trade marks and the Madrid Protocol, trade mark registration in Hong Kong, franchising in Italy, data protection, Spanish antitrust legislation, and cartel enforcement in Australia.

ADR is not merely a substitute for court proceedings or arbitration, but a method of dispute settlement in its own right. In ADR proceedings, the parties call upon a third party not for a decision, but for assistance in reaching an agreement. As a result, ADR is not only less expensive and usually quicker than other methods, but it is capable of giving both parties some degree of satisfaction. The purpose of this book is precisely to look at ADR on its own terms as a way of resolving business disputes, particularly at the international level. Drawing upon diverse approaches, ADR experts from a variety of countries explore the situations to which ADR lends itself and the different permutations it offers to allow each dispute to be handled in the manner most fitting to the circumstances. The contributors also show how ADR serves such important considerations as the interests involved, the need to avoid a public display of differences, and the wish to anticipate problems. By throwing new light on the achievements of ADR and the possibilities it offers, this book will help to situate ADR amongst the panoply of dispute resolution methods now available to the international business community. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute which has arisen, will find expert guidance here when deciding which method of resolution to adopt, or whether a combination of procedures would be appropriate. Academics will discover a very useful volume which not only deals with many of the issues raised by ADR, in particular its relationship with arbitration, but also provides material for comparative study of how these issues have been approached and treated until now in various regions of the world, cultures and backgrounds.

aThe uniquely American sense of freedom that makes the First Amendment so beloved and so respected in its homeland is precisely what makes it a difficult model for constitutional protection of expression in other political systems. In this survey of free speech policies in Canada, Germany, Japan, and the United Kingdom, Krotosyznski introduces American students and scholars of constitutional law to a diverse range of culturally contingent approaches to protecting the freedom of expression in other industrialized countries. . . . As Krotosyznskias fascinating project demonstrates, comparative constitutional analysis challenges us as Americans to examine critically the cultural assumptions underlying our legal system.a
--Jim Chen, University of Minnesota Law School

"There are very few scholars who are willing to read as widely in the law of the world as Krotoszynski, and very few who are capable of forming such confident and intelligent judgments."
--James Whitman, Yale Law School

"For better or worse recent Supreme Court jurisprudence evidences a growing struggle over whether and, if so, how to address foreign court decisions. Ronald Krotoszynski's first-rate analysis of the comparative dimension of free speech issues could not be more timely. Not only does his work shed important light on free speech, but it informs as well."
--Michael Heise, Cornell Law School

"Krotoszynski has produced one of the best examples of the growing literature on comparative public law. His analysis of free speech law in four modern democracies is distinctive in that it goes beyond merely describing the rules governing expression in those countries to address the deeper differences incultural attitudes that explain the disparate legal outcomes. His sophisticated treatment of the intersecting lines of theory, doctrine, and culture makes this the most thorough and compelling assessment of comparative free speech law on the market today."
--Steven G. Gey, David and Deborah Fonvielle & Donald and Janet Hinkle Professor of Law, Florida State University College of Law

Krotoszynskias conclusions are revealing and forcefully presented. This is especially so when they are based on the authoras sophisticated and copiously documented comparison of the US with four advanced legal systems committed to participatory politics. The book undoubtedly challenges many of us who smugly accept American aexceptionalisma in freedom of speech and the press...Krotoszynski helps us appreciate the value of comparative free speech with a new, penetrating perspective.a
--"The Law and Politics Book Review"

The First Amendment --and its guarantee of free speech for all Americans--has been at the center of scholarly and public debate since the birth of the Constitution, and the fervor in which intellectuals, politicians, and ordinary citizens approach the topic shows no sign of abating as the legal boundaries and definitions of free speech are continually evolving and facing new challenges. Such discussions have generally remained within the boundaries of the U.S. Constitution and its American context, but consideration of free speech in other industrial democracies can offer valuable insights into the relationship between free speech and democracy on a larger and more global scale, thereby shedding new light on some unexamined (and untested) assumptions that underlie U.S. free speechdoctrine.

Ronald Krotoszynski compares the First Amendment with free speech law in Japan, Canada, Germany, and the United Kingdom--countries that are all considered modern democracies but have radically different understandings of what constitutes free speech. Challenging the popular--and largely American--assertion that free speech is inherently necessary for democracy to thrive, Krotoszynski contends that it is very difficult to speak of free speech in universalist terms when the concept is examined from a framework of comparative law that takes cultural difference into full account.

In this highly informative and very useful book, thirty-three local experts describe the ongoing process of adopting and adapting modern techniques of dispute resolution for economic and commercial matters in Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Syria, Tunisia, Turkey, and the West Bank and Gaza Strip. Each chapter illustrates multiple techniques, including court processes as well as arbitration and mediation processes, against the backdrop of economic and legislative changes that have occurred region-wide since the late twentieth century.
The country-by-country presentations are especially valuable for their emphasis on how local ADR practices deal with, or are affected by, such factors as the following:
- civil procedure codes
- international conventions
- international enforcement of awards
- appeals
- qualifications of arbitrators and mediators
- rules of local, regional, and international ADR institutions
- costs
- involvement of the judiciary
- cultural aspects
- regional and international trade agreements

The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks - comparative, historical and constitutional - which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission - noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.

Globalisation, Law and the State begins - as is customary in globalisation literature - with an acknowledgement of the definitional difficulties associated with globalisation. Rather than labour the point, the book identifies some economic, political and cultural dimensions to the phenomenon and uses these to analyse existing and emerging challenges to State-centric and territorial models of law and governance. It surveys three areas that are typically associated with globalisation - financial markets, the internet, and public contracts - as well as trade more generally, the environment, human rights, and national governance. On this basis it considers how global legal norms are formed, how they enmesh with the norms of other legal orders, and how they create pressure for legal harmonisation. This, in turn, leads to an analysis of the corresponding challenges that globalisation presents to traditional notions of sovereignty and the models of public law that have grown from them. While some of the themes addressed here will be familiar to students of the European process (there are prominent references to the European experience throughout the book), Globalisation, Law and the State provides a clear insight into how the sovereign space of States and their legal orders are diminishing and being replaced by an altogether more fluid system of intersecting orders and norms. This is followed by an analysis of the theory and practice of the globalisation of law, and a suggestion that the workings of law in the global era can best be conceived of in terms of networks that link together a range of actors that exist above, below and within the State, as well as on either side of the public-private divide. This book is an immensely valuable, innovative and concise study of globalisation and its effect on law and the state.

This book seeks to fill a gap in the existing literature by describing the formulation, interpretation and enforcement of the rules on consumer contracts in China and the EU, and by mapping key similarities and differences. The study addresses selected issues regarding consumer contracts: sources of law in the two jurisdictions are first discussed to set the scene. Afterwards, one preliminary issue - how to define the concept of a consumer contract - and two substantive topics - unfair terms and withdrawal rights - are dealt with. Apart from the descriptive analysis, the book also provides possible explanations for these comparative findings, and argues that the differences in consumer contract rules can be primarily attributed to a disparity of markets. The book offers a valuable resource, particularly for researchers and practitioners in the fields of private law and comparative law.

Cooperation, Comity, and Competition Policy, edited by Andrew T. Guzman, illustrates how domestic competition law policies intersect with the realities of international business. It offers a discussion of what might be done to improve the way in which cross-border business is handled by competition policy.
The first part of the book provides country reports written by local experts explaining the extraterritorial reach of national laws. Each country report summarizes existing domestic law and examines the conditions under which each country applies its substantive competition laws to conduct that takes place abroad. These chapters also address the question of comity, meaning the circumstances in which a country would decline to exercise jurisdiction on the grounds that another state is the more appropriate jurisdiction. Finally, the extent of cooperation between the local government and other states is examined. In conducting cross-border business activity, these reports provide the reader with a sense of the multiple jurisdictions that a business must consider within the scope of how laws from various states interact and overlap. The countries covered include: Australia, Brazil, Canada, China, the EC, Israel, Japan, Singapore and the United States.
The second part of the book offers several proposals for effectively managing these overlapping competition policy regimes. Written by top academics and practitioners, the proposals render some of the most important current thinking on the topic.
The country reports and the expert policy proposals together provide a unique perspective on international competition policy and the challenges of the international competition policy regime.

The Political Accountability of EU and US Independent Regulatory Agencies is an in-depth investigation on the law and practices of the political accountability arrangements of the 35 EU and 16 US independent agencies. The comparative analysis demonstrates similarities between the political accountability arsenals and challenges to political oversight in the EU and the US. The greatest differences are revealed in the organization of the political accountability of independent agencies, i.e., 'excessive diversity in the EU vs. uniformity in the US', and the design of accountability obligations. Based on comparative insights, the book concludes with three recommendations on how the EU agencies' political accountability could be adjusted in the ongoing reform on agencies' creation and operation.

Commentary on the Italian Code of Civil Procedure is a unique and comprehensive guide to understanding the structure and functioning of the Italian Code of Civil Procedure. The book provides a reliable translation to the provisions for the implementation of the 840 articles of the Italian Code of Civil Procedure. An indispensible resource for practitioners in the field, this book provides a description of civil procedure and the translated text of the Italian Code of Civil Procedure, with an explanation of the legal terms, provisions for the implementation of the Code, and valuable commentary. The commentary and translations included in this book were prepared by Italian attorneys with extensive experience working with the Italian Code of Civil Procedure and American Civil Procedure.

This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book's two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. "This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume." Professor G Alan Tarr, Rutgers University "Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries." Professor Balveer Arora, Jawaharlal Nehru University New Delhi "This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field." Professor Cheryl Saunders, The University of Melbourne "This is a remarkable book - for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Koessler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges." Professor Nico Steytler, University of the Western Cape

This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.

The United Nations system's foundational principle of sovereign equality reflects persistent disagreement within its membership as to what constitutes a legitimate and just internal public order. While the boundaries of the system's pluralism have narrowed progressively in the course of the United Nations era, accommodation of diversity in modes of internal political organization remains a durable theme of the international order. This accommodation of diversity underlies the international system's commitment to preserve states' territorial integrity and political independence, often at the expense of other values. For those who impute to the international legal order an inherent purpose to establish a universal justice that transcends the boundaries of territorial communities, the legal prerogatives associated with state sovereignty appear as impediments to the global advance of legality. That view, however, neglects the danger of allowing powerful states to invoke universal principles to rationalize unilateral (and often self-serving) impositions upon weak states. Though frequently counterintuitive, limitations on cross-border exercises of power are supported by substantial moral and political considerations, and are properly overridden only in a limited range of cases. Sovereign Equality and Moral Disagreement accomplishes two tasks. One is to construct a unifying account of the manifestations of the principle of sovereign equality in international legal norms governing a range of subject areas, from foundational matters such as the recognition of states and governments to controversial questions such as legal authority for extraterritorial criminal prosecution and armed intervention. The other is to defend the principle as a morally sound response to persistent and profound disagreement within the international community as to the requirements of legitimate and just internal public order.

Experience has shown that the complex issues raised by cross-border insolvencies cannot be adequately addressed by existing national bankruptcy law regimes. In order to deal effectively with such emerging factors as multi-jurisdictional intellectual property rights and contractual issues surrounding employment or immovable property - as well as such long-standing problem areas as choice of law and recognition of judgments - a system of international bankruptcy and insolvency law is needed. This monograph shows how such a system is ready to hand in Europe and potentially available at a global level. As an obvious step in this direction, Professor Torremans examines the EU Regulation on Insolvency Proceedings. He analyses all its provisions in detail, and sets out the solution it puts in place, partial and imperfect as it may be. He concludes that within the EU this Regulation promises to improve matters substantially, and that it bodes well to become a model for international co-operation in this area. To demonstrate the need for a coherent cross-border insolvency law regime, Professor Torremans first describes two very different national approaches, those of Belgium and the United Kingdom. He explores these two traditional approaches in detail, stressing their practical applications, and finds neither system can offer a satisfactory solution in a cross-border context. Finally, recognising that this problem does not stop at the EU's borders, Professor Torremans examines the UNCITRAL Model Law in detail to see whether it does indeed make a useful contribution.