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This collection is the multifaceted result of an effort to learn from those who have been educated in an American law school and who then returned to their home countries to apply the lessons of that experience in nations experiencing social, economic, governmental, and legal transition. Written by an international group of scholars and practitioners, this work provides a unique insight into the ways in which legal education impacts the legal system in the recipient's home country, addressing such topics as efforts to influence the current style of legal education in a country and the resistance faced from entrenched senior faculty and the use of U.S. legal education methods in government and private legal practice. This book will be of significant interest not only to legal educators in the United States and internationally, and to administrators of legal education policy and reform, but also to scholars seeking a more in-depth understanding of the connections between legal education and socio-political change.
This collection is the multifaceted result of an effort to learn from those who have been educated in an American law school and who then returned to their home countries to apply the lessons of that experience in nations experiencing social, economic, governmental, and legal transition. Written by an international group of scholars and practitioners, this work provides a unique insight into the ways in which legal education impacts the legal system in the recipient's home country, addressing such topics as efforts to influence the current style of legal education in a country and the resistance faced from entrenched senior faculty and the use of U.S. legal education methods in government and private legal practice. This book will be of significant interest not only to legal educators in the United States and internationally, and to administrators of legal education policy and reform, but also to scholars seeking a more in-depth understanding of the connections between legal education and socio-political change.
The Hague Convention on Choice of Court Agreements was concluded on June 30, 2005, and promises to become an important instrument in judicial relations throughout the world, making choice of forum clauses both more likely to be honored and more likely to lead to judgments that will be recognized and enforced around the globe. The convention, and the proposed treatise, will serve as an indispensable source for both transactions lawyers drafting the transnational commercial contracts of the future and for litigators involved in the resolution of disputes between parties to important transnational commercial transactions.
With increased international trade transactions and a corresponding
increase in disputes arising from those transactions, the
application of the doctrine of Forum Non Conveniens - the
discretionary power of a court to decline jurisdiction based on the
convenience of the parties and the interests of justice - has
become extremely relevant when determining which country's court
should preside over a controversy involving nationals of different
countries. Forum Non Conveniens: History, Global Practice, and
Future Under the Hague Convention on Choice of Court Agreements
provides an in-depth analysis of the common law doctrine of Forum
Non Conveniens as it has evolved in the four major common law
countries (UK, US, Canada, and Australia), and looks at the
similarities and differences of the doctrine among those four
countries. It compares Forum Non Conveniens to the more rigid
analogous doctrine of Lis Alibi Pendens found in civil law
countries, which requires automatic deference to the court where a
dispute is first filed and explains current initiatives for
coordinating jurisdictional issues between the common law and civil
law systems, the most important of which is the 2005 Hague
Convention on Choice of Court Agreements. The authors explain how
the Hague Convention provides a rational approach to the confluence
of common law and civil law doctrines and how its application to
international transactions is likely to temper judicial application
of the doctrine of Forum Non Conveniens and provides greater
predictability with respect to enforcement of private party choice
of court agreements.
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