Aspects Philosophiques Du Droit De L Arbitrage International Volume 329
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Aspects Philosophiques Du Droit De L Arbitrage International Volume 329
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Author :
language : en
Publisher:
Release Date : 2007
Aspects Philosophiques Du Droit De L Arbitrage International Volume 329 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
International Commercial Contracts
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Author : Giuditta Cordero-Moss
language : en
Publisher: Cambridge University Press
Release Date : 2024-01-31
International Commercial Contracts written by Giuditta Cordero-Moss 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 2024-01-31 with Law categories.
Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with various applicable sources. It considers vital questions concerning the role played by contractual regulation, by national law and by transnational sources. What is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration? This revised second edition has been fully updated to reflect developments in the field and includes useful tools like tables of cases and sources, and a list of electronic resources and databases.
A Transcivilizational Perspective On International Law
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Author : Onuma Yasuaki
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2010-07-15
A Transcivilizational Perspective On International Law written by Onuma Yasuaki and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-15 with Law categories.
The twenty-first century will witness conflicts which may destabilize the international order. These conflicts are likely to arise between emerging Asian States such as China and India whose material power is growing, and the Western nations who wield significant ideational power. A West-centric international society will change to a multi-polar and multi-civilizational global society. This structural change includes, and further needs, changes of understandings and perceptions of the world, including of international law. The perspectives from which we see, understand, appreciate and assess international law must change. We need to interpret international law not only from a prevalent Statecentric international perspective and West-centric transnational perspective. Onuma argues that we must grasp international law from what he calls a trans-civilizational perspective as well. By adopting such three-layered perspectives, international law is shown to be functioning as a tool of politics yet constrained by cultural and civilizational factors. Such complex subjects as global history of international law, concepts of general and customary international law, and human rights could be appreciated in a more nuanced and subtle manner.
Arbitration As Balanced Administration Of Justice
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Author : Massimo Benedettelli
language : en
Publisher: BRILL
Release Date : 2024-08-06
Arbitration As Balanced Administration Of Justice written by Massimo Benedettelli and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-06 with Law categories.
Arbitration is adjudication and, like any form of adjudication, it must ensure justice to parties. Justice requires that in settling disputes arbitrators constantly balance the opposing interests of the parties and the different legal systems relevant to the resolution of the dispute from time to time at hand. This book addresses such issues by looking at the different stages of arbitration: from the selection of the arbitral seat to the definition of jurisdictional limits, from the choice of applicable law to the revision of arbitral awards. The book collects essays by colleagues and friends of Piero Bernardini, a leading practitioner of international arbitration who was a champion in achieving balance in the administration of justice through arbitration.
Application Of Foreign Law
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Author : Carlos Esplugues Mota
language : en
Publisher: Walter de Gruyter
Release Date : 2011-03-30
Application Of Foreign Law written by Carlos Esplugues Mota and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-30 with Law categories.
During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.
Unifying And Harmonising Substantive Law And The Role Of Conflict Of Laws
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Author :
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2010-07-05
Unifying And Harmonising Substantive Law And The Role Of Conflict Of Laws written by and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-05 with Law categories.
Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving this objective is, generally, hindered by conflict of law rules. The requirements which non-national law needs to fulfil in order to be accepted as the law governing a cross-border relationship deserve clarification. Not only uniform law, such as the CISG and the envisaged European substantive law instrument for the law of obligations, but, particularly, instruments which are aimed at harmonizing substantive law, challenge the established systems of conflict of laws. In seeking a positive approach towards the application of a law other than national law various aspects need to be considered: (1) is the decision taken by a court or an arbitral tribunal; (2) what field of law (contract/delict/tort or family relationships) is involved; and (3) the objective or subjective (choice by the parties) designation of the applicable law.
Radiating Impact Of Wto On Its Members Legal System The Chinese Perspective
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Author : Guiguo Wang
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-12-15
Radiating Impact Of Wto On Its Members Legal System The Chinese Perspective written by Guiguo Wang and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-15 with Law categories.
The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.
The Evolution Of Sustainable Development In International Law Inception Meaning And Status
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Author : Nico J. Schrijver
language : en
Publisher: BRILL
Release Date : 2008-12-15
The Evolution Of Sustainable Development In International Law Inception Meaning And Status written by Nico J. Schrijver and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-15 with Law categories.
Also available as an e-book In a relatively short time the concept of “sustainable development” has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: “development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs”. This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries). The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver.
The Transformation Of Enforcement
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Author : Hans-W Micklitz
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-04-07
The Transformation Of Enforcement written by Hans-W Micklitz and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-07 with Law categories.
This insightful book considers the phenomenon of the transformation of enforcement in European economic law while adopting a distinct global perspective. The editors identify and respond to the need for reflection on transformation processes in the area of enforcement by bringing together the leading international and European scholars in a variety of disciplines to share and compare experiences and learning in different areas of law. Rooted in a wide and regulatory understanding of enforcement, this book showcases the transformation of enforcement with reference to both European economic law (especially transnational commercial law, competition law, intellectual property law, consumer law) and to the current context of significant global economic challenges. Comparative perspectives facilitate the formation of a holistic perspective on enforcement that reaches beyond distinct theoretical accounts, political agendas, regulatory systems, institutional patterns, particular remedies, industry sectors, and stakeholder perspectives. As the first comprehensive and comparative analysis of the enforcement of European economic law that reaches beyond closely confined areas of law, it constitutes a crucial contribution to the theoretical and policy questions of how to design a coherent European enforcement architecture in accordance with essential principles and objectives of the EU economic order This unique study will have broad appeal. By exploring enforcement transformations from a legal and a cross-disciplinary perspective, it will be essential reading for scholars, practitioners and policymakers from different disciplines.
Collected Courses Of The Hague Academy Of International Law
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Author : Hague Academy of International Law
language : en
Publisher:
Release Date : 2009
Collected Courses Of The Hague Academy Of International Law written by Hague Academy of International Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with International law categories.