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Books > Law > International law > Private international law & conflict of laws
This book highlights the importance of optional choice of court
agreements, and the need for future research and legal development
in this area. The law relating to choice of court agreements has
developed significantly in recent years, reflecting their increased
use in practice. However, most recent legal developments concern
exclusive choice of court agreements. In comparison, optional
choice of court agreements, also called permissive forum selection
clauses and non-exclusive jurisdiction clauses, have attracted
little attention from lawmakers or commentators. This collection is
comprised of 19 National Reports, providing a critical analysis of
the legal treatment of optional choice of court agreements,
including asymmetric choice of court agreements, under national
laws as well as under multilateral instruments. It also includes a
General Report offering an overview of this area of the law and a
synthesis of the findings of the national reporters. The
contributions to this collection show that the legal treatment of
optional choice of courts differs between legal systems. In some
countries, the law on the effect of optional choice of court
agreements is at an early stage in its development, whereas in
others the law is relatively advanced. Irrespective of this, the
national reporters identify unresolved issues with the effect of
optional choice of court agreements, where the law is unclear or
the cases are conflicting, demonstrating that this topic warrants
greater attention. This book is of interest to judges, legislators,
lawyers, academics and students who are concerned with private
international law and international civil procedure.
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Laceis
(Paperback)
Ross Dale Kelly
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R319
Discovery Miles 3 190
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Ships in 10 - 15 working days
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This work presents a thorough investigation of existing rules and
features of the treatment of foreign law in various jurisdictions.
Private international law (conflict of laws) and civil procedure
rules concerning the application and ascertainment of foreign law
differ significantly from jurisdiction to jurisdiction. Combining
general and individual national reports, this volume demonstrates
when and how foreign law is applied, ascertained, interpreted and
reviewed by appeal courts. Traditionally, conflicts lawyers have
been faced with two contrasting approaches. Civil law jurisdictions
characterize foreign law as "law" and provide for the ex officio
application and ascertainment of foreign law by judges. Common law
jurisdictions consider foreign law as "fact" and require that
parties plead and prove foreign law. A closer look at various
reports, however, reveals more differentiated features with their
own nuances among civil law jurisdictions, and the difference of
the treatment of foreign law from other facts in common law
jurisdictions. This challenges the appropriacy of the conventional
"law-fact" dichotomy. This book further examines the need for
facilitating access to foreign law. After carefully analyzing the
benefits and drawbacks of existing instruments, this book explores
alternative methods for enhancing access to foreign law and
considers practical ways of obtaining information on foreign law.
It remains to be seen whether and the extent to which legal systems
around the world will integrate and converge in their treatment of
foreign law.
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Favor for My Labor
(Paperback)
Parice C. Parker; Edited by Fountain Of Life Publisher's House; Diane Patterson
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R500
Discovery Miles 5 000
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Winner of the 2016-2018 KG Idman Prize. This monograph seeks the
optimal way to promote compatibility between systems of proprietary
security rights in Europe, focusing on security rights over
tangible movables and receivables. Based on comparative research,
it proposes how best to tackle cross-border problems impeding trade
and finance, notably uncertainty of enforceability and unexpected
loss of security rights. It offers an extensive analysis of the
academic literature of more recent years that has appeared in
English, German, the Scandinavian languages and Finnish. The author
organises the concrete means of promoting compatibility into a
centralised substantive approach, a centralised conflicts-approach,
a local conflicts-approach and a local substantive approach. The
centralised approaches develop EU law, and the local approaches
Member State laws. The substantive approaches unify or harmonise
substantive law, while the conflicts approaches rely on private
international law. The author proposes determining the optimal way
to promote compatibility by objective-based division of labour
between the four approaches. The objectives developed for that
purpose are derived from the economic functions of security rights,
the conditions for legal evolution and a transnational conception
of justice. This book is an important contribution to the future of
secured transactions law in Europe and more widely. It will be of
interest to academics, policymakers and legal practitioners
involved in this field.
The Developing World of Arbitration studies the recent emergence of
Asia Pacific jurisdictions as regional or international arbitration
centres, thanks to various reform efforts and initiatives. This
book provides an up-to-date and comprehensive analysis of the ways
in which arbitration law and practice have recently been reformed
in Asia Pacific jurisdictions. Leading contributors across the Asia
Pacific region analyse twelve major jurisdictions representing
varying patterns and degrees of development, whether driven from
top down, bottom up, or by some hybrid impetus. Setting the
arbitration systems and reforms of each investigated jurisdiction
in the context of its economic, political, and judicial dynamics,
this book presents, for the first-time, a cross-jurisdiction
comparative and contextual study of the developing world of
arbitration in the Asia Pacific and contributes to comparative
international arbitration literature from an Eastern perspective.
It also aims to identify an Asia Pacific model of arbitration
modernisation, one that may be distinct from a Western model, and
predicts future trajectories of development and challenge in light
of the ever increasing competition between Eastern- and
Western-based arbitration centres. This edited collection will be
an invaluable addition to the libraries of academics and
practitioners in the field of international commercial arbitration.
This substantial and original book examines how the EU Private
International Law (PIL) framework is functioning and considers its
impact on the administration of justice in cross-border cases
within the EU. It grew out of a major project (ie EUPILLAR:
European Union Private International Law: Legal Application in
Reality) financially supported by the EU Civil Justice Programme.
The research was led by the Centre for Private International Law at
the University of Aberdeen and involved partners from the
Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid
(Complutense). The contributors address the specific features of
cross-border disputes in the EU by undertaking a comprehensive
analysis of the Court of Justice of the EU (CJEU) and national case
law on the Brussels I, Rome I and II, Brussels IIa and Maintenance
Regulations. Part I discusses the development of the EU PIL
framework. Part II contains the national reports from 26 EU Member
States. Parts III (civil and commercial) and IV (family law)
contain the CJEU case law analysis and several cross-cutting
chapters. Part V briefly sets the agenda for an institutional
reform which is necessary to improve the effectiveness of the EU
PIL regime. This comprehensive research project book will be of
interest to researchers, students, legal practitioners, judges and
policy-makers who work, or are interested, in the field of private
international law.
The taking of private property for development projects has caused
controversy in many nations, where it has often been used to
benefit powerful interests at the expense of the general public.
This edited collection is the first to use a common framework to
analyze the law and economics of eminent domain around the world.
The authors show that seemingly disparate nations face a common set
of problems in seeking to regulate the condemnation of private
property by the state. They include the tendency to forcibly
displace the poor and politically weak for the benefit of those
with greater influence, disputes over compensation, and resort to
condemnation in cases where it destroys more economic value than it
creates. With contributions from leading scholars in the fields of
property law and economics, the book offers a comparative
perspective and considers a wide range of possible solutions to
these problems.
A nation's prosperity depends not only on the willingness of its
businesses to export goods and services, and of its citizens and
residents to travel to take advantage of opportunities overseas,
but also on the willingness of the businesses and citizens of other
nations to cross the nation's borders to do business. Economic
expansion, and parallel increases in tourism and immigration, have
brought Australians more frequently into contact with the laws and
legal systems of other nations. In particular, in recent years,
trade with partners in the Asia-Pacific Region has become
increasingly important to the nation's future. At the same time,
Australian courts are faced with a growing number of disputes
involving foreign facts and parties. In recognition of these
developments, and the need to ensure that the applicable rules meet
the needs both of transacting parties and society, the
Attorney-General's Department launched in 2012 a full review of
Australian rules of private international law. This collection
examines the state and future of Australian private international
law against the background of the Attorney-General's review. The
contributors approach the topic from a variety of perspectives
(judge, policy maker, practitioner, academic) and with practical
and theoretical insights as to operation of private international
law rules in Australia and other legal systems.
This book grew out of a major European Union (EU) funded project on
the Hague Maintenance Convention of 2007 and on the EU Maintenance
Regulation of 2009. The project involved carrying out analytical
research on the implementation into national law of the EU
Regulation and empirical research on the first year of its
operation in practice. The project also engaged international
experts in a major conference on recovery of maintenance in the EU
and worldwide in Heidelberg in March 2013. The contributions in
this book are the revised, refereed and edited versions of the best
papers that were given at the conference. The book is divided into
four parts: (i) comparative context (ii) international, looking at
national and non-European regional practice and how the Hague
Convention could change things; (iii) international and the EU,
looking at issues covered by both the Hague Convention and the EU
Regulation; and (iv) the EU - looking at the Maintenance
Regulation. This is the first study to look carefully at both of
the new cross-border maintenance regimes globally and in Europe and
to begin the examination of the practical operation of the latter
regime. The approval of the Hague Convention by the EU on 9 April
2014 is a major step forward for its practical significance in
enabling the recovery of child and spousal support, as from 1
August 2014 all of the 28 EU Member States apart from Denmark will
be bound by the Convention.
This book provides a systematic elaboration of Chinese Private
International Law, reveals the general techniques concerning
conflict of laws in China, explains the detailed Chinese conflict
rules for different areas of law, and demonstrates how
international civil litigation is pursued in China. Clearly
structured and written by a native Chinese scholar specializing in
the field, the book's easy-to-read style makes it accessible to a
broad readership, while its content makes it a useful reference
guide, especially for jurists and researchers.
In this book various perspectives on fundamental rights in the
fields of public and private international law are innovatively
covered. Published on the occasion of the 50th anniversary of the
T.M.C. Asser Instituut in The Hague, the collection reflects the
breadth and scope of the Institute's research activities in the
fields of public international law, EU law, private international
law and international and European sports law. It does so by
shedding more light on topical issues - such as drone warfare, the
fight against terrorism, the international trade environment nexus
and forced arbitration - that can be related to the theme of
fundamental rights, which runs through all these four areas of
research. Points of divergence and areas of common ground are
uncovered in contributions from both staff members and
distinguished external authors, having long-standing academic
relations with the Institute. The Editors of this book are all
staff members of the T.M.C. Asser Instituut, each of them
representing one of the areas of research the Institute covers.
This book provides a systematic elaboration of Chinese Private
International Law, reveals the general techniques concerning
conflict of laws in China, explains the detailed Chinese conflict
rules for different areas of law, and demonstrates how
international civil litigation is pursued in China. Clearly
structured and written by a native Chinese scholar specializing in
the field, the book's easy-to-read style makes it accessible to a
broad readership, while its content makes it a useful reference
guide, especially for jurists and researchers.
A globe circling grand slam against drug prohibition. A scathing
indictment of the war on drugs. Seattle Police Chief (Ret) Norm
Stamper: " For decades, Dean Becker has given himself over to the
cause of sane and sensible drug policies. In 'To End the War on
Drugs', he explains his passion for reform, and tells us why he's
been willing to make sacrifice after sacrifice to end this
country's disastrous drug war. Along the way, we hear from scores
of reformers (and more than a few apologists for U.S. drug policy).
But it is Dean's voice that comes through loud and clear as he
makes a strong, compelling case for an end to the War on Drugs."
Authored by Pacifica radio host and former cop Dean Becker. This
book features the thoughts of 115 experts on the subject of drug
war. Included are the words of scientists, doctors, cops, wardens,
prosecutors, politicians, authors, prisoners, patients, pastors,
pot providers and more. 340 pages of unvarnished truth that will
help bring an end to this century of lies.
This book studies how technological solutions can be used to
alleviate the current state of legal systems, with their clogged up
courtrooms and inefficient conflict resolution methods. It reviews
the shortcomings and disadvantages of traditional and alternative
conflict resolution methods and turns to Artificial Intelligence
for problem-solving techniques and solutions. The book is divided
into four parts. The first part presents a general and systematic
analysis of the current state of the legal systems, identifying the
main problems and their causes.It then moves on to present UM
Court: a framework for testing and prototyping conflict resolution
services. This framework was developed with the objective of using
Artificial Intelligence techniques to build a service environment
for conflict resolution. The third part of the book takes a step
into the future by analyzing the use of Intelligent Environments in
the support of conflict management and resolution. It describes the
approach taken and the experiments performed in the Intelligent
Systems Lab of the University of Minho. The final part of the book
contains the conclusions and shows the potential advantages of the
use of Intelligent Environments as a way to implement better
conflict resolution procedures (virtual or real), in which all the
participants have access to more and better information and are
able to take better informed decisions."
No one would dispute that the duty to provide for those that you
have a legal and moral obligation to support is very important.
With the movement and migration of people both within Europe and
globally, there are more and more families and relations who live
in different States. Therefore it is imperative that suitable and
workable methods exist to create maintenance obligations and then
secure the transfer of funds, particularly from abroad. In the book
the provisions in EU Maintenance Regulation no 4/2009 and the Hague
Maintenance Convention of 2007 are analysed in order to discover
what developments and therefore potential improvements have been
made in relation to the recovery of maintenance from abroad. The
book also includes an empirical study on the first year of
operation of the Maintenance Regulation. Data collected has been
analysed in order to supplement the critique of the instruments.
The information and analysis is used to suggest suitable solutions
for the future, which include amendments to the Regulation and
recommendations for best practice.
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