Conflict Of Laws A Comparative Approach
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Conflict Of Laws A Comparative Approach
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Author : Cuniberti, Gilles
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-02-18
Conflict Of Laws A Comparative Approach written by Cuniberti, Gilles and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-18 with Law categories.
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.
Conflict Of Laws As Taxonomy
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Author : Frank Bates (LL. M.)
language : en
Publisher:
Release Date : 2015-06-23
Conflict Of Laws As Taxonomy written by Frank Bates (LL. M.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-23 with Conflict of laws categories.
Conflict of Laws as Taxonomy: A New Approachoffers a unique analytical and doctrinal approach to the conflict of laws. Its purpose is to review and assess the traditionally accepted methodology and taxonomy used in the resolution of cross-jurisdictional matters and to suggest alternative ways in which such matters may be classified, with resulting practical application to the conduct of cross-border disputes. Format: Paperback The author of this text provides a fresh comparative approach towards key issues, as well as examining the various theories that have been devised to explain the ways in which different approaches have been justified. This comparative discussion highlights the strengths and weaknesses of particular jurisdictionsoÂeÂ(tm) treatment of the conflict of laws and uses this to develop an understanding of these differences. This is essential knowledge in preparing for the jurisprudential approach likely to be applied in those jurisdictions in overseas practice and litigation. Of particular relevance is the consideration of the divergence between courts in the United Kingdom (because of its membership of the EU), the United States (which has, for nearly 200 years pursued a more jurisprudential approach) and Australia. In the current environment of increasing globalisation, the book will be of great benefit to practitioners and litigators involved in cross-jurisdictional matters, while its scholarly and authoritative analysis will engage and inform researchers and students of conflict of laws, comparative law and jurisprudence. Features oÂeo Unique analytical and doctrinal approach to conflict of laws oÂeo Detailed comparative examination of the approaches across UK, US and Australian jurisdictions oÂeo Extensive review of case law Related LexisNexis Titles Davies, Bell & Brereton, NyghoÂeÂ(tm)s Conflict of Laws in Australia, 9th edition, 2014 Mortensen, Garnett & Keyes, Private International Law in Australia, 3rd edition, 2015
Comparative Conflict Of Laws
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Author : Peter Hay
language : en
Publisher: Foundation Press
Release Date : 2009
Comparative Conflict Of Laws written by Peter Hay and has been published by Foundation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Comparative law categories.
This regulations and codes title is designed to assist conflict of laws teachers in taking a comparative approach to the subject. International commercial transaction have become commonplace. Many injuries and deaths have their causes or their victims abroad. It is therefore imperative that the course in conflict of law include study of how foreign countries treat the courseâe(tm)s major topics of judicial jurisdiction, choice of law, and recognition and enforcement of judgments. Interesting patterns emerge. Many choice-of-law codes and regulations have, as an exception to applying the law of the place of injury to torts, the law of the common domicile of the parties. In family-law related matters, there is much adherence to citizenship as a partyâe(tm)s âeoepersonal law.âe domicile of the parties. Many examples could be given of the need for a comparative approach to conflict of laws. These materials, treaties, regulations, and codes from around the world, with questions and comments, will
Comparative Law
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Author : Harold Cooke Gutteridge
language : en
Publisher: CUP Archive
Release Date : 1971
Comparative Law written by Harold Cooke Gutteridge and has been published by CUP Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Comparative law categories.
Preclassical Conflict Of Laws
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Author : Nikitas Hatzimihail
language : en
Publisher: Cambridge University Press
Release Date : 2021-07-22
Preclassical Conflict Of Laws written by Nikitas Hatzimihail 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 2021-07-22 with History categories.
Showcases a novel method for approaching private international law combining theoretical insight, textual analysis and historical context.
The Faces Of Justice And State Authority
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Author : Mirjan R. Damaska
language : en
Publisher: Yale University Press
Release Date : 1991-07-24
The Faces Of Justice And State Authority written by Mirjan R. Damaska and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-07-24 with Law categories.
A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman
Rule Of Law In China
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Author : Katrin Blasek
language : en
Publisher: Springer
Release Date : 2014-11-01
Rule Of Law In China written by Katrin Blasek and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-01 with Law categories.
This book analyzes in detail differing interpretations of the rule of law in Western legal systems and in the People’s Republic of China. As the rule of law is seen by many as a prerequisite for China’s future development, politicians, activists and entrepreneurs from China and from the West alike have long been calling for adherence to this principle, which is constitutive of Western democracies. All these groups use the same words, but do they truly share the same idea? In order to address this question, the book compares the “Rule of Law with Chinese characteristics,” as propagated by Chinese leaders and in official Chinese publications, to different applications of the rule of law as it is understood in Western civilization. In particular, the author takes a closer look at the implementations of recognized core elements of the rule of law in representative Western countries, which include the separation of power, the supremacy of law, the protection of fundamental rights, and the independence of the justice system.
Selected Essays On The Conflict Of Laws
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Author : Friedrich Juenger
language : en
Publisher: BRILL
Release Date : 2021-10-25
Selected Essays On The Conflict Of Laws written by Friedrich Juenger and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
Friedrich K. Juenger on the conflict of laws is always worth attending to. Rejecting the "conventional wisdom" that prevails in the field, he sees the conflict of laws not as a discipline devoid of substantive values but as a powerful catalyst for multistate justice. Here is a wide-ranging collection of essays on a variety of problems posed by transactions that transcend state and national borders. The essays include a comparison of jurisdiction issues in the United States and the European Communities, opinions on forum shopping, a critique of interest analysis techniques, and a plea for a comparative approach to choice-of-law issues. Invaluable studies in the extraterritorial application of United States antitrust law, recognition of foreign money judgments and divorces, and regional conventions round out the collection. Published under the Transnational Publishers imprint.
Courts And Comparative Law
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Author : Mads Tønnesson Andenæs
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Courts And Comparative Law written by Mads Tønnesson Andenæs and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.
The Use Of Comparative Law By Courts
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Author : Ulrich Drobnig
language : en
Publisher: Springer
Release Date : 1999
The Use Of Comparative Law By Courts written by Ulrich Drobnig and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
This new volume contains fourteen national reports and a General Report on the use of comparative law by courts, which were presented at the XIVth International Congress of Comparative Law in Athens. It provides a general survey of the frequency and methods of a comparative recourse to foreign law by courts, describing both the methods of such recourse and the typical fields in which it is undertaken. The reports offer an interesting cross-section of contemporary court practice from a wide variety of countries around the world andndash; large and small, unitary and federal, and with differing historical backgrounds. All demonstrate the needs of national courts to look to foreign law for inspiration or as a model for dealing with new, unsettled issues of national law, and the reports illustrate well the impact of divergent traditions, attitudes and surrounding circumstances. Of special interest are both the role of comparative law and the comparative method employed in the practice of a supranational court, such as the European Court of Justice. In addition to the General Report, this volume contains national reports from the following countries: Canada, European Union, France, Germany, Greece, Iceland, Israel, Japan, Luxembourg, The Netherlands, United Kingdom and United States of America.