Direct Jurisdiction
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Direct Jurisdiction
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Author : Anselmo Reyes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-08-26
Direct Jurisdiction written by Anselmo Reyes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-26 with Law categories.
The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.
National Courts And The International Rule Of Law
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Author : André Nollkaemper
language : en
Publisher: Oxford University Press
Release Date : 2012
National Courts And The International Rule Of Law written by André Nollkaemper and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.
The Jurisdiction And Powers Of The United States Courts
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Author : Stephen Dodd Law
language : en
Publisher:
Release Date : 1852
The Jurisdiction And Powers Of The United States Courts written by Stephen Dodd Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1852 with Court rules categories.
Jurisdiction Of Circuit Courts Of Appeals And Of The Supreme Court Of The U S
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Author : United States. Congress. House. Committee on the Judiciary
language : en
Publisher:
Release Date : 1925
Jurisdiction Of Circuit Courts Of Appeals And Of The Supreme Court Of The U S written by United States. Congress. House. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1925 with Appellate courts categories.
Committee Serial No. 45. Includes bill as enacted into law.
Direct Effect
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Author : G.K. van Hogendorp Centre for European Constitutional Studies. Colloquium
language : en
Publisher:
Release Date : 2002
Direct Effect written by G.K. van Hogendorp Centre for European Constitutional Studies. Colloquium and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Conflict of laws categories.
Proceedings of the Annual Colloquium of the G.K. van Hogendorp Centre for European Constitutional Studies.
Orders Without Borders
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Author : Stefano Betti
language : en
Publisher: World Bank Publications
Release Date : 2022-06-15
Orders Without Borders written by Stefano Betti and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-15 with Law categories.
This book offers an in-depth analysis of the concept of the direct enforcement of foreign restraint and confiscation orders, a crucial step in the process of asset recovery, including existing legal approaches and related challenges. In order to provide a balanced and informed overview, 31 jurisdictions, representing different United Nations regional groups and legal systems (civil law / common law / mixed systems), were selected as the focus of the analysis. This approach provides a meaningful picture of the situation worldwide from which generally applicable guidance could be drawn. The study suggests a series of practical steps and good practices for consideration by (1) countries exploring the possibility of introducing a direct enforcement mechanism into their domestic legal frameworks and (2) countries that are already in a position to directly enforce foreign confi scation orders but that are considering options to streamline processes and maximize results obtainable via direct enforcement approaches. This new StAR Initiative knowledge product is addressed to a broad range of law enforcement, justice, and asset recovery practitioners, as well as bodies involved in legislative and regulatory processes. It will be a useful tool in their work.
Jurisdiction Over Non Eu Defendants
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Author : Tobias Lutzi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-05-18
Jurisdiction Over Non Eu Defendants written by Tobias Lutzi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-18 with Law categories.
This book looks at the question of extending the reach of the Brussels Ia Regulation to defendants not domiciled in an EU Member State. The Regulation, the centrepiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation. To provide a basis for the discussion of its possible extension, this volume takes a closer look at the national rules that currently govern the question of jurisdiction over non-EU defendants in each Member State through 17 national reports. The insights gained from them are summarised in a comparative report and critically discussed in further contributions, which look at the question both from a European and from a wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers.
Direct Application Of International Criminal Law In National Courts
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Author : W. N. Ferdinandusse
language : en
Publisher: T.M.C. Asser Press
Release Date : 2006
Direct Application Of International Criminal Law In National Courts written by W. N. Ferdinandusse and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Judicial Control In The European Union
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Author : Alicia Hinarejos Parga
language : en
Publisher:
Release Date : 2009
Judicial Control In The European Union written by Alicia Hinarejos Parga and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
The EU's activity under its intergovernmental pillars - The Common Foreign and Security Policy and Justice and Home Affairs - has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.
Globalisation And Jurisdiction
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Author : Pieter J. Slot
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
Globalisation And Jurisdiction written by Pieter J. Slot 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 2004-01-01 with Law categories.
The spectacular growth of the international economy over the past decades has called for a more intensive role for the law, and probably also a different kind of law. In 2002, the Europa Instituut of Leiden University convened a seminar to discuss the various responses to the challenges posed by globalism in different fields of economic activity and legal practice. Their presentations are presented in this book in a more formal and extensive format.