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Author: Trans-Tasman Working Group
Publisher:
ISBN: 9781921241079
Category : Australia
Languages : en
Pages : 31
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Book Description
"In August 2005, after considering a wide range of policy and procedural issues, the Working Group released a public discussion paper inviting views on problems, options and preferred solutions about the resolution of trans-Tasman disputes and increased regulatory cooperation. The discussion paper was circulated widely and made available to the public on the websites of the Australian government Attorney0General's Departmetn and the New Zealand Ministry of Justice. Having considered the responses received, the Working Group has made a series of recommendations as to how the legla framework for resolving civil disputes with a trans-Tasman element might be imporved. Cheaper, mor eefficient and less complicated dispute resolution mechanisms would be of significant benifit to individuals and business in the two countries" -- from the Executive Summary, p. 3 - 4.
Author: Trans-Tasman Working Group
Publisher:
ISBN: 9781921241079
Category : Australia
Languages : en
Pages : 31
Get Book Here
Book Description
"In August 2005, after considering a wide range of policy and procedural issues, the Working Group released a public discussion paper inviting views on problems, options and preferred solutions about the resolution of trans-Tasman disputes and increased regulatory cooperation. The discussion paper was circulated widely and made available to the public on the websites of the Australian government Attorney0General's Departmetn and the New Zealand Ministry of Justice. Having considered the responses received, the Working Group has made a series of recommendations as to how the legla framework for resolving civil disputes with a trans-Tasman element might be imporved. Cheaper, mor eefficient and less complicated dispute resolution mechanisms would be of significant benifit to individuals and business in the two countries" -- from the Executive Summary, p. 3 - 4.
Author:
Publisher:
ISBN: 9780478290042
Category : Australia
Languages : en
Pages : 54
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Book Description
"The relationship between Australia and New Zealand was greatly strengthened in 1983 by the Australia New Zealand Closer Economic Relations Trade Agreement (CER). CER has increased co-operation and integration between the two countries and facilitated trans-Tasman trade. Initiatives under CER include the Trans-Tasman Mutual Recognition Arrangement and the work being carried out under the Memorandum of Understanding on Business Law Co-ordination ... In such an environment, there is a greater possibility of disputes with a cross-border element. Closer integration of both countries' civil justice systems could help resolve these. It is also necessary for teh success of other CER or single economic market initiatives ... In 2003 the Hon John Howard MP anbd the Rt Hon Helen Clark MP agreed to review existing trans-Tasman co-operation in court proceedings and regulatory enforcement. They also agreed to investigate the possibility of streamlining and improving existing mechanisms, especially in areas such as service of process, taking of evidence, recognition of judgments in civil and regulatory matters and regulatory enforcement. A working group was set up to undertake this review ... This discussion paper, prepared by the Working Group: highlights a number of recurring problems in civil court proceedings with a trans-Tasman element and the enforcement of regulatory regimes (such as securities, competition and consumer protection law); discusses options to address these problems and (except for issue 11) indicates a preferred option; and seeks your views." -- from the Introduction, p. 1-3.
Author:
Publisher:
ISBN:
Category : Australia
Languages : en
Pages : 10
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Book Description
Author: Andrew Dickinson
Publisher: Bloomsbury Publishing
ISBN: 1782255281
Category : Law
Languages : en
Pages : 180
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Book Description
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.
Author: Maria Hook
Publisher: Bloomsbury Publishing
ISBN: 1509901027
Category : Law
Languages : en
Pages : 300
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Book Description
This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.
Author: Brendan J. Sweeney
Publisher: Routledge
ISBN: 113521204X
Category : Business & Economics
Languages : en
Pages : 538
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Book Description
The widespread move towards more market-driven models of political economy combined with the expanding internationalisation of business and commerce has led to a series of proposals for global competition rules. To date these proposals have been hotly contested. The purpose of this book is to investigate in some depth whether there is a rational foundation for pursuing international competition rules, and what form these laws should take. The book takes examples from existing competition laws around the world, in particular the US and the EU both of which have a long history of enforcing established competition rules.
Author: Julien Chaisse
Publisher: Oxford University Press
ISBN: 019256241X
Category : Law
Languages : en
Pages : 576
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Book Description
Since China adopted its 'open door' policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market, its goal has remained unchanged: to assist the readjustment of China's economy, to coordinate its modernization programs, and to improve its quality of life. With the 1997 launch of the 'Going Global' policy, an outward focus regarding foreign investment was added, to circumvent trade barriers and improve the competitiveness of Chinese firms. In order to accommodate inward and outward investment, China's participation in the international investment regime has underpinned its efforts to join multilateral investment-related legal instruments and conclude international investment agreements. This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China's investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade Area of the Asia Pacific; and global initiatives, spear-headed by China's presidency of the G20 and its 'Belt and Road initiative'. The book's overarching topic is whether these three tracks compete with each other, or whether they complement one another - a question of profound importance for the country's political and economic future and world investment governance.
Author: Professor Paul Omar
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409466671
Category : Law
Languages : en
Pages : 725
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Book Description
International insolvencies are a common feature worldwide in business and finance sectors and the scale and frequency of such occurrences have caught the attention of many academics and commentators. Following on from the 2008 book, International Insolvency Law: Themes and Perspectives, this book presents up-to-date accounts of themes in the field of insolvency law. It deals with reforms in and challenges to the subject in relation to its comparative and international aspect. The cutting edge contributions include chapters from common law, civil and mixed traditions and have been conceived to increase awareness of the impact of insolvency law within domestic, regional and global contexts. Useful and thought-provoking, the chapters take an innovative approach and give new interpretations to hitherto available material. This book will be invaluable for those wishing to keep abreast of developments in jurisdictions representing all legal traditions and is a useful guide to the improvement and reform of insolvency laws and frameworks.
Author: Simon Greenberg
Publisher: Cambridge University Press
ISBN: 113949449X
Category : Law
Languages : en
Pages : 583
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Book Description
There has been an exponential rise in the use of ICA for resolving international business disputes, yet international arbitration is a scarcely regulated, specialty industry. International Commercial Arbitration: An Asia Pacific Perspective is the first book to explain ICA topic by topic with an Asia Pacific focus. Written for students and practising lawyers alike, this authoritative book covers the principles of ICA thoroughly and comparatively. For each issue it utilises academic writings from Asia, Europe and elsewhere, and draws on examples of legislation, arbitration procedural rules and case law from the major Asian jurisdictions. Each principle is explained with a simple statement before proceeding to more technical, theoretical or comparative content. Real-world scenarios are employed to demonstrate actual application to practice. International Commercial Arbitration is an invaluable resource that provides unique insight into real arbitral practice specific to the Asia Pacific region, within a global context.
Author: Elizabeth Siew-Kuan Ng
Publisher: Cambridge University Press
ISBN: 1316739104
Category : Law
Languages : en
Pages : 353
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Book Description
The Association of Southeast Asian Nations (ASEAN) is actively seeking ways for member countries to enhance their individual economic development within the context of overall regional advancement. Central to this is the creation of a regional intellectual property framework. This book examines the efforts to move beyond sovereign protections of intellectual property rights and establish meaningful inter-state cooperation on intellectual property issues. Rather than aim for IP harmonization, ASEAN recognizes its internal diversity and pursues an agenda of 'IP Interoperability'. The essays in this collection examine the unique dynamics of 'interoperability', analyzing the administration of intellectual property in a part of the world that is of increasing importance. The book enables the reader to compare and contrast the ASEAN model to other approaches in regional cooperation, such as Europe and Latin America, and also explores private international law as a potential vehicle for interoperability.
