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Author: Eckart Gottschalk
Publisher: Cambridge University Press
ISBN: 9780521174015
Category : Law
Languages : en
Pages : 320
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Book Description
This book contains ten contributions that examine current topics in the evolving transatlantic dialogue on the conflict of laws. The first five contributions deal with the design of judgments conventions in general, the recently adopted Hague Convention on Choice of Court Agreements, problems involving negative declaratory actions in international disputes, and recent transatlantic developments relating to service of process and collective proceedings. The remaining five contributions focus on comparative and economic dimensions of party autonomy, choice of law relating to intellectual property rights, the applicable law in antitrust law litigation, international arbitration, and actions for punitive damages.
Author: Eckart Gottschalk
Publisher: Cambridge University Press
ISBN: 9780521174015
Category : Law
Languages : en
Pages : 320
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Book Description
This book contains ten contributions that examine current topics in the evolving transatlantic dialogue on the conflict of laws. The first five contributions deal with the design of judgments conventions in general, the recently adopted Hague Convention on Choice of Court Agreements, problems involving negative declaratory actions in international disputes, and recent transatlantic developments relating to service of process and collective proceedings. The remaining five contributions focus on comparative and economic dimensions of party autonomy, choice of law relating to intellectual property rights, the applicable law in antitrust law litigation, international arbitration, and actions for punitive damages.
Author: Paul Schiff Berman
Publisher:
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133
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Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Author: Cuniberti, Gilles
Publisher: Edward Elgar Publishing
ISBN: 1839106530
Category : Law
Languages : en
Pages : 488
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Book Description
Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.
Author: Jurgen Basedow
Publisher: Kluwer Law International B.V.
ISBN: 9041113320
Category : Law
Languages : en
Pages : 246
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Book Description
The phenomenon of increased interconnectedness of the world's societies, generally referred to as `globalisation', is not only changing our everyday life, it also influences the legal framework we are living in. The challenges brought about by this process are especially great in fields of law which are by their very nature international such as Private International Law, the Law of Capital Markets, International Insolvency Law or the Law of the Internet. Can, for example, established conflict-of-law rules survive in a globalised world? What options exist for regulating capital markets in the era of globalisation? Are national laws on international insolvencies prepared for the increasing number of cross-border insolvency proceedings or does the UNCITRAL Model Law on Cross-Border Insolvency show the way? How can national or international legislators react to the new forms of torts and copyright infringements via the World Wide Web? These are some of the questions which eminent scholars from Japan and Germany try to answer in this volume. All essays are based on contributions to a symposium which took place in Fukuoka, Japan, on 28-29 March, 1999.
Author: Walter Lee
Publisher: World Scientific Publishing Company
ISBN: 9789811232138
Category : Political Science
Languages : en
Pages : 350
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Book Description
The search for universal principles and laws in world politics is a colossal common task for all civilisations. It should not be monopolised by the Western liberal paradigm. Thirty years after the end of the Cold War, global conflicts have been satisfactorily resolved neither by communism nor liberalism. Humanitarian intervention, now under the cover of the responsibility to protect (R2P), has destabilised many societies, leaving justice undone. This inspiring book invites debates on the post-liberal imagination of 'emancipated Leviathan': an almighty political authority which exercises awe and force to restore order, as well as enshrines globally-negotiated values of common conscience and reinvented cosmopolitanism. Human well-being will truly become reality when we synergise pre-modern and pre-liberal ways of thinking, worldviews, ethics, and aesthetic styles by means of cross-civilisational, cross-disciplinary fundamental research, and let an emancipated Leviathan exercises principles and laws of virtue derived from the study.The starting point of such intellectual innovation is China. This book explores the application of classical Chinese resources to the innovation of thoughts in contemporary Chinese international relations (IR). It examines whether 'Knowledge Archaeology of Chinese International Relations' (KACIR), coined by the author, responds sensibly to today's issues of international ethics and global justice. The book contends that emancipative hermeneutics holds the key to the Chinese soft power puzzle. A bottom-up, non-nationalistic, and non-ethnocentric approach to the Chinese civilisation will reinvent intellectual pluralism and cosmopolitan elements in the Chinese tradition that interact constructively with and ultimately transcend the liberal Western model. Strolling from contemporary IR back to ancient Chinese philosophy, then striding into the future searching for common principles and laws, this insightful book is a must-read for those who want to reflect on global conflicts in this era of great uncertainty and transformation, as well as those who love to make our world a better place to live in.
Author: Kaushik Basu
Publisher: Cornell University Press
ISBN: 1501754831
Category : Business & Economics
Languages : en
Pages : 159
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Book Description
In Law, Economics, and Conflict, Kaushik Basu and Robert C. Hockett bring together international experts to offer new perspectives on how to take analytic tools from the realm of academic research out into the real world to address pressing policy questions. As the essays discuss, political polarization, regional conflicts, climate change, and the dramatic technological breakthroughs of the digital age have all left the standard tools of regulation floundering in the twenty-first century. These failures have, in turn, precipitated significant questions about the fundamentals of law and economics. The contributors address law and economics in diverse settings and situations, including central banking and the use of capital controls, fighting corruption in China, rural credit markets in India, pawnshops in the United States, the limitations of antitrust law, and the role of international monetary regimes. Collectively, the essays in Law, Economics, and Conflict rethink how the insights of law and economics can inform policies that provide individuals with the space and means to work, innovate, and prosper—while guiding states and international organization to regulate in ways that limit conflict, reduce national and global inequality, and ensure fairness. Contributors: Kaushik Basu; Kimberly Bolch; University of Oxford; Marieke Bos, Stockholm School of Economics; Susan Payne Carter, US Military Academy at West Point; Peter Cornelisse, Erasmus University Rotterdam; Gaël Giraud, Georgetown University; Nicole Hassoun, Binghamton University; Robert C. Hockett; Karla Hoff, Columbia University and World Bank; Yair Listokin, Yale Law School; Cheryl Long, Xiamen University and Wang Yanan Institute for Study of Economics (WISE); Luis Felipe López-Calva, UN Development Programme; Célestin Monga, Harvard University; Paige Marta Skiba, Vanderbilt Law School; Anand V. Swamy, Williams College; Erik Thorbecke, Cornell University; James Walsh, University of Oxford. Contributors: Kimberly B. Bolch, Marieke Bos, Susan Payne Carter, Peter A. Cornelisse, Gaël Giraud, Nicole Hassoun, Karla Hoff, Yair Listokin, Cheryl Long, Luis F. López-Calva, Célestin Monga, Paige Marta Skiba, Anand V. Swamy, Erik Thorbecke, James Walsh
Author: Paul Schiff Berman
Publisher: Cambridge University Press
ISBN: 1107376912
Category : Law
Languages : en
Pages : 357
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Book Description
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
Author: Neil Kaplan
Publisher: Kluwer Law International B.V.
ISBN: 9041186387
Category : Law
Languages : en
Pages : 552
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Book Description
The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Author: Sam Muller
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8293081805
Category : Law
Languages : en
Pages : 528
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Book Description
Rights of robots, a closer collaboration between law and the health sector, the relation between justice and development - these are some of the topics covered in The Law of the Future and the Future of Law: Volume II. The central question is: how will law evolve in the coming years? This book gives you a rich array of visions on current legal trends. The readable think pieces offer indications of law's cutting edge. The book brings new material that is not available in the first volume of The Law of the Future and the Future of Law, published in June 2011. Among the authors in this volume are William Twining (Emeritus Quain Professor of Jurisprudence, University College London), David Eagleman (Director, Initiative on Neuroscience and Law), Hassane Cisse (Deputy General Counsel, The World Bank), Gabrielle Marceau (Counsellor, World Trade Organisation), Benjamin Odoki (Chief Justice, Republic of Uganda), Martijn W. Scheltema (Attorney at law, Pels Rijcken and Droogleever Fortuijn), Austin Onuoha (Founder, The Africa Centre for Corporate Responsibility), Lokke Moerel (Partner, De Brauw Blackstone Westbroek), S.I. Strong (Senior Fellow, Center for the Study of Dispute Resolution), Jan M. Smits (Chair of European Private Law, Maastricht University).
Author: Robin Geiß
Publisher:
ISBN: 019882727X
Category : Law
Languages : en
Pages : 1197
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Book Description
A unique overview of the relationship between international law and global security, Major areas of coverage include armed conflict, human rights, the environment, and technology Book jacket.
