Forum Non Conveniens Une Impasse Pour La Responsabilit Sociale Des Entreprises
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Forum Non Conveniens Une Impasse Pour La Responsabilit Sociale Des Entreprises
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Author : Ivan Tchotourian
language : fr
Publisher: Presses de l'Université Laval
Release Date : 2020-11-17T00:00:00-05:00
Forum Non Conveniens Une Impasse Pour La Responsabilit Sociale Des Entreprises written by Ivan Tchotourian and has been published by Presses de l'Université Laval this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-17T00:00:00-05:00 with Law categories.
Le débat est animé concernant les entreprises multinationales qui bafouent les droits de l’homme lors de leurs activités à l’étranger et la question de l’accès de leurs victimes aux tribunaux est récurrente. Bien qu’elles soient centrales lorsqu’un procès est envisagé, les règles de procédure, techniques par nature, sont souvent reléguées au second plan. Il en va ainsi du forum non conveniens, une doctrine selon laquelle un juge canadien compétent peut renvoyer un litige devant le tribunal du pays hôte. Or, cette doctrine est problématique relativement à la responsabilité des entreprises multinationales : si la justice ne peut être rendue, la responsabilité sociétale des entreprises n’est-elle pas qu’un miroir aux alouettes au Canada ? Cet ouvrage présente la doctrine du forum non conveniens de manière historique, synthétique et critique et revient sur l’actualité entourant le phénomène de judiciarisation de la responsabilité sociale des grandes entreprises, tant au Canada qu’aux États-Unis et en Europe. En exposant les plus récentes décisions judiciaires canadiennes dans ce domaine, cet ouvrage démontre que les juges ont tendance à accueillir plus favorablement les victimes étrangères dès lors que la responsabilité extracontractuelle d’une entreprise multinationale pour des violations des droits de l’homme est invoquée.
Forum Non Conveniens
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Author : Ivan Tchotourian
language : fr
Publisher:
Release Date : 2020
Forum Non Conveniens written by Ivan Tchotourian and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Liability For Transboundary Pollution At The Intersection Of Public And Private International Law
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Author : Guillaume Laganière
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
Liability For Transboundary Pollution At The Intersection Of Public And Private International Law written by Guillaume Laganière and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.
Coopera O Judici Ria Como Instrumento De Controle Judicial Da Compet Ncia Adequada
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Author : Edilton Meireles
language : pt-BR
Publisher: Editora Thoth
Release Date :
Coopera O Judici Ria Como Instrumento De Controle Judicial Da Compet Ncia Adequada written by Edilton Meireles and has been published by Editora Thoth this book supported file pdf, txt, epub, kindle and other format this book has been release on with Antiques & Collectibles categories.
A presente obra aborda duas questões importantes e relevante para o processo judicial que são o da competência adequada para apreciar a demanda judicial e o instituto da cooperação judiciária previsto no CPC de 2015. O autor, partindo das lições relacionadas à competência adequada, com apoio na doutrina internacional e estrangeira, demonstra que cabe ao juiz ou tribunal, através do novel instituto da cooperação judiciária, fazer o controle da competência para apreciar a demanda judicial de modo que o processo seja apreciado pelo juízo que se revela mais adequado para atingir o fim da justiça de modo célere, eficiente e com qualidade. A abordagem é inovadora e parte da revisão do conceito do princípio do juiz natural e das regras que regem a divisão de competência.
Peoples Tribunals And International Law
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Author : Andrew Byrnes
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-11
Peoples Tribunals And International Law written by Andrew Byrnes 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 2018-01-11 with Law categories.
Includes papers presented at the expert seminar of people's tribunals and international law on 27-28 September 2013 in Rome at the Permanent Peoples' Tribunal under the sponsorship of the Australian Human Rights Centre of the University of New South Wales, Sydney, Australia.
What Is A Fair International Society
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Author : Emmanuelle Tourme Jouannet
language : en
Publisher: A&C Black
Release Date : 2014-07-18
What Is A Fair International Society written by Emmanuelle Tourme Jouannet and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
Today's world is post-colonial and post-Cold War. These twin characteristics explain why international society is also riddled with the two major forms of injustice which Nancy Fraser identified as afflicting national societies. First, the economic and social disparities between states caused outcry in the 1950s when the first steps were taken towards decolonisation. These inequalities, to which a number of emerging states now contribute, are still glaring and still pose the problem of the gap between formal equality and true equality. Second, international society is increasingly confronted with culture- and identity-related claims, stretching the dividing line between equality and difference. The less-favoured states, those that feel stigmatised, but also native peoples, ethnic groups, minorities and women now aspire to both legal recognition of their equal dignity and the protection of their identities and cultures. Some even seek reparation for injustices arising from the past violation of their identities and the confiscation of their property or land. In answer to these two forms of claim, the subjects of international society have come up with two types of remedy encapsulated in legal rules: the law of development and the law of recognition. These two sets of rights are neither wholly autonomous and individualised branches of law nor formalised sets of rules. They are imperfect and have their dark side. Yet they can be seen as the first milestones towards what might become a fairer international society; one that is both equitable (as an answer to socio-economic injustice) and decent (as an answer to cultural injustice). This book explores this evolution in international society, setting it in historical perspective and examining its presuppositions and implications.
Jus Et Societas
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Author : G.M. Wilner
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Jus Et Societas written by G.M. Wilner 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 2012-12-06 with Social Science categories.
When Wolfgang Friedmann died there was a great outpouring of grief, affection and admiration from his friends all over the world. These deeply felt sentiments were soon channelled into a number of projects to honor him. The initiative towards the preparation of this volume in tribute to Wolfgang Friedmann was taken by his colleague, Hans Smit, of Columbia University, who also arranged for its publication. Judge Philip C. Jessup was the chairman, and Professors John N. Hazard, Louis Henkin, Oliver Lissitzyn, Willis L. M. Reese and Hans Smit of Columbia University Law School, A. A. Fatouros of Indiana University Law School (Bloomington), and Gabriel M. Wilner of the University of Georgia Law School were members of the editorial committee. The authors of the essays are a group of distinguished legal scholars from many countries and who hold widely diverse views. All of them had many ties with Professor Friedmann, including those of friendship and shared interest in problems that were of the greatest concern to him. The number of eminent jurists from countries around the world, and particularly from the United States, who would have wished to participate in this tribute to Wolfgang Friedmann is large; however, several important considerations made it necessary to limit the number of contributions. Thus, for example, the work of several members of the editorial committee is not represented in the volume.
Mapping Legal Innovation
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Author : Antoine Masson
language : en
Publisher: Springer Nature
Release Date : 2021-03-01
Mapping Legal Innovation written by Antoine Masson and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-01 with Law categories.
The legal sector is being hit by profound economic and technological changes (digitalization, open data, blockchain, artificial intelligence ...) forcing law firms and legal departments to become ever more creative in order to demonstrate their added value. To help lawyers meet this challenge, this book draws on the perspectives of lawyers and creative specialists to analyze the concept and life cycle of legal innovations, techniques and services, whether related to legislation, legal engineering, legal services, or legal strategies, as well as the role of law as a source of creativity and interdisciplinary collaboration.
Great Debates In Company Law
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Author : Lorraine Talbot
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-03-21
Great Debates In Company Law written by Lorraine Talbot and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-21 with Law categories.
A thoroughly updated new edition of this successful and influential text, it helps students gain a critical understanding of the key debates shaping the field of company law. The new edition has been updated to include many substantial developments in company law, specifically the area of board diversity, corporate social responsibility, shareholder control, director remuneration and human rights.
Law In A Changing Society
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Author : W. Friedmann
language : en
Publisher: Univ of California Press
Release Date : 2023-11-10
Law In A Changing Society written by W. Friedmann and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-10 with Social Science categories.