Author:
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 744

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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 95

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Author:
Publisher:
ISBN: 9789462368019
Category :
Languages : en
Pages : 0

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Author: Pontian N. Okoli
Publisher: Kluwer Law International B.V.
ISBN: 9403511125
Category : Law
Languages : en
Pages : 356

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Book Description
In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.

Author: Anne Waddingham
Publisher: Oxford University Press, USA
ISBN: 0199570027
Category : Authorship
Languages : en
Pages : 475

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Book Description
'New Hart's Rules' is a brand-new text that brings the principles of the old text (first printed in 1893) into the 21st century, providing answers to questions of editorial style for a new generation of professionals.

Author:
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 846

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Author: Rosalind Dixon
Publisher: Cambridge University Press
ISBN: 1108415334
Category : History
Languages : en
Pages : 471

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Book Description
Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

Author: John Dugard
Publisher:
ISBN: 9781485128281
Category : Human rights
Languages : en
Pages : 940

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Book Description
This fifth edition of International Law: A South African Perspective is now titled Dugard's International Law: A South African Perspective, in recognition of the fact that this work is a continuation of the earlier editions written by John Dugard. The substance of the work has undergone major changes to take account of new developments both on the international legal scene and in South Africa. Dugard's International Law: A South African Perspective presents a South African perspective of international law. The basic principles of international law are described and examined with reference to the principal sources of international law. This examination, however, takes place within the context of South African law. South African state practice, judicial decisions and legislation on international law receive equal treatment with international law as it is practised and taught abroad. The present work is designed to assist judicial officers and practitioners, educate students, and guide diplomats in the intricacies of international law both at home in South Africa and abroad.

Author: Werner F. Menski
Publisher: Cambridge University Press
ISBN: 1139452711
Category : Law
Languages : en
Pages : 565

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Book Description
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

Author:
Publisher:
ISBN:
Category : Women
Languages : en
Pages : 106

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