Abuse Of Procedural Rights Comparative Standards Of Procedural
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Abuse Of Procedural Rights Comparative Standards Of Procedural
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Author : International Association of Procedural Law
language : en
Publisher: Kluwer Law International B.V.
Release Date : 1999-11-25
Abuse Of Procedural Rights Comparative Standards Of Procedural written by International Association of Procedural Law and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-11-25 with Law categories.
In a very meaningful way, the health of a judicial system may be judged by the care with which its procedural rights are observed. Now, in a book that takes stock of this important element as it is currently used or abused in a number of the world's legal systems, eighteen outstanding scholars approach the subject through an analysis of the following factors: the theoretical and moral implications of procedural abuses the subjects who commit them the typologies of abusive practices the consequences of abusive practices Several authors report on practices in their own countries, revealing distinct evidence of a significant degree of lowered procedural standards in the United States, several European countries, Australia, Japan, and Latin America. General and final reports provide a comparative framework for an analytical study that will repay the study of anyone concerned with the fairness of our legal institutions.
Competition Law Analysis Of Price And Non Price Discrimination Abusive Ip Based Legal Proceedings
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Author : Pierre Kobel
language : en
Publisher: Springer Nature
Release Date : 2021-03-29
Competition Law Analysis Of Price And Non Price Discrimination Abusive Ip Based Legal Proceedings written by Pierre Kobel and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-29 with Law categories.
This book gathers national and international reports from around the globe on key issues in the field of antitrust and intellectual property. Its first part discusses to what extent competition law should be concerned with differences in prices, terms and conditions, or quality that suppliers offer different purchasers. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study on this complex and challenging subject. In turn, the second part examines whether there should be legal restrictions on the ability of persons who claim, without sufficient justification, to hold IP rights that have been infringed on, to bring, or to threaten to bring, legal proceedings based on such claims against their competitors or others. In this regard, the book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated on in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following debates on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.
Cost And Fee Allocation In Civil Procedure
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Author : Mathias Reimann
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-11-15
Cost And Fee Allocation In Civil Procedure written by Mathias Reimann and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-15 with Law categories.
The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.
The Three Paths Of Justice
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Author : Neil Andrews
language : en
Publisher: Springer
Release Date : 2018-05-08
The Three Paths Of Justice written by Neil Andrews and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-08 with Law categories.
This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.
The Impact Of The European Convention On Human Rights On Private International Law
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Author : Louwrens R. Kiestra
language : en
Publisher: Springer
Release Date : 2014-09-11
The Impact Of The European Convention On Human Rights On Private International Law written by Louwrens R. Kiestra and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-11 with Law categories.
In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.
Forum Non Conveniens In The Modern Age A Comparative And Methodological Analysis Of Anglo American Law
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Author : Michael Karayanni
language : en
Publisher: BRILL
Release Date : 2021-11-22
Forum Non Conveniens In The Modern Age A Comparative And Methodological Analysis Of Anglo American Law written by Michael Karayanni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-22 with Law categories.
The book’s compelling thesis is that the role of the forum non conveniens should be strengthened and even enhanced, particularly in light of modern advancements such as Internet transactions, efficient jet travel and telecommunications facilitating transfer of documents and testimony. Karayanni argues, more importantly, that in order to face technological complexities, the forum non conveniens doctrine needs to undergo a basic transformation. He proposes that American and English law doctrines similar to the forum non conveniens, like the reasonableness test and the forum conveniens doctrine, be integrated. Published under the Transnational Publishers imprint.
Tort Law In France
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Author : Jonas Knetsch
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-08-20
Tort Law In France written by Jonas Knetsch and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-20 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in France. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Arbitration Advocacy In Changing Times
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Author : A. J. van den Berg
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Arbitration Advocacy In Changing Times written by A. J. van den Berg and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
Advocacy in international arbitration is the focus of this collection of articles emanating from the twentieth Congress of the International Council for Commercial Arbitration (ICCA) held in Rio de Janeiro in 2010. The topics addressed by renowned arbitration practitioners and scholars include: effective advocacy in arbitration; the advocate's role at different stages of arbitration proceedings; the role of experts; arbitration advocacy and Constitutional law; and advocacy and ethics in international arbitration. The volume also contains a new approach to expert evidence - the Protocol on Expert Teaming - and closes with a proposal for an International Code of Ethics for Lawyers Practicing Before International Arbitral Tribunals.
Maintenance In Medieval England
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Author : Jonathan Rose
language : en
Publisher: Cambridge University Press
Release Date : 2017-06-22
Maintenance In Medieval England written by Jonathan Rose and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-22 with History categories.
Identifying for the first time the true nature of maintenance, this study uses primary sources to reach new findings on its lawfulness.
Third Party Funding
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Author : Gian Marco Solas
language : en
Publisher: Cambridge University Press
Release Date : 2019-09-26
Third Party Funding written by Gian Marco Solas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-26 with Law categories.
Looks at legal, economic and policy issues related to third party funding in common law, civil law jurisdictions and international contexts.