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Pierre F. Walter presents a comparative law analysis that spans two of the seven existing national statutes on foreign sovereign immunity, the United States' Foreign Sovereign Immunities Act, 1976, and the Canadian State Immunity Act, 1982. The study concludes in demonstrating two distinct rules of the burden of proof, for each kind of immunity; the rules are widely uniform, and were corroborated by case law and scholarly opinion in both of the examined jurisdictions. In addition, they can be said to form today rules of international law. The monograph is of high practical importance for international lawyers and government counsel in both the United States and Canada. It can be taken as a reference guide for foreign sovereign immunity litigation in these important jurisdictions. Pierre F. Walter shows in this study that solid knowledge of procedural rules and the law of evidence in sovereign immunity litigation is often the basis of winning a case. While this is generally so, it is of even more importance in the highly complex trials that involve foreign sovereign immunity. The law firm stands out that can anticipate the judge's assessment of the burden of proof situation in every phase of the trial, thereby reducing cost for the client and substantially shifting probability up for winning the case.
TOWARD SOCIAL CHANGE, Revised Edition, 2012, presents an articulate Peace Agenda that contains twelve distinct proposals for reducing violence to a minimum while promoting and encouraging pleasure-seeking behaviors both in children and adults. The proposals are based upon research evidence of the often overlooked bioenergetic roots of violence demonstrating how the historical turndown of the pleasure function through compulsive morality or moralism resulted in an inevitable upsurge of violence through the neurodissociative brain. Newest research on early tactile deprivation conducted by James W. Prescott, Ashley Montagu, Frederick Leboyer, Michel Odent and others namely shows the correlation between mother-infant affectional bonding, tactile pleasure and breastfeeding for the development of the healthy, neurointegrative brain and the building of peaceful and affectionate behaviors. The most important research results are: - Violence is learnt, not inborn, and not part of natural human behavior; - Violence is a response of the biosystem to the denial of pleasure/desire; - Violence is a collective malfunctioning of a society that replaced love with moralism. The Peace Agenda consists of the following 12 Proposals: 01/12 - Crime Prevention 02/12 - The Possible Human 03/12 - Fostering Public Sanity 04/12 - Respecting Natural Intimacy 05/12 - Serving Children 06/12 - More Public Education 07/12 - Free Education 08/12 - Politically Neutral Science 09/12 - Humanism and Realism 10/12 - Promoting Pleasure-Seeking Behaviors 11/12 - Male Affection as a Peace Conductor 12/12 - Fostering Permissive Education
EVIDENCE AND BURDEN OF PROOF UNDER THE FOREIGN SOVEREIGN IMMUNITIES ACT, 1976 is practical guide for assessing the quality of the evidence and the burden of proof in sovereign immunity trials under the FSIA 1976. The study concludes in demonstrating two distinct rules of the burden of proof, for each kind of immunity; the rules are widely uniform, and were corroborated by most US District Courts, Courts of Appeals and the United States Supreme Court. Pierre F. Walter shows in this study that solid knowledge of procedural rules and the law of evidence in sovereign immunity litigation is often the basis of winning a case. While this is generally so, it is of even more importance in the highly complex trials that involve foreign sovereign immunity. The law firm stands out that can anticipate the judge's assessment of the burden of proof situation in every phase of the trial, thereby reducing cost for the client and substantially shifting probability up for winning the case. DR. PIERRE F. WALTER, ESQ. is an international lawyer holding degrees in German and European law, and a 'Docteur en droit' in international law from the law faculty of the University of Geneva (1987). Before expanding his career into corporate training and business consultancy, he has worked as a research assistant with Freshfields, Bruckhaus, Deringer in Cologne, Germany, with Lalive Lawyers in Geneva and with Professor Louis B. Sohn, UGA Law School, Department of International Law.
EVIDENCE AND BURDEN OF PROOF IN SOVEREIGN IMMUNITY LITIGATION is the first specialized, and very practically important, analysis of the evidence problems and the burden of proof in matters of foreign sovereign immunity litigation, both regarding jurisdictional immunities and immunity from execution. The monograph is a comparative law analysis that spans six of the seven existing national statutes on foreign sovereign immunity, starting with the United States' Foreign Sovereign Immunities Act, 1976, to the Canadian State Immunity Act, 1982. The study concludes in demonstrating two distinct rules of the burden of proof, for each kind of immunity; the rules are widely uniform, and were corroborated by case law and scholarly opinion in all of the examined jurisdictions. They can be said to form today rules of international law. The monograph is of high practical value for litigation involving foreign sovereign immunity, particularly for international lawyers and government counsel. It can be taken as a reference guide for solving the evidence problems in those trials, and as such is a precious asset in any international law library. The only titles that in scope, depth and size can be compared with the present study are already quite out of date, and they have, if ever, only randomly dealt with the specific procedural problems of evidence and burden of proof in international sovereign immunity litigation.
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