Grounds Of Judgment
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Grounds Of Judgment
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Author : Par Kristoffer Cassel
language : en
Publisher: OUP USA
Release Date : 2012-01-11
Grounds Of Judgment written by Par Kristoffer Cassel and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-11 with History categories.
Perhaps more than anywhere else in the world, the 19th century encounter between East Asia and the Western world has been narrated as a legal encounter. This book explores extraterritoriality and the ways in which Western power operated in East Asia from the 1820s to the 1920s.
Civil Trials Bench Book
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Author :
language : en
Publisher:
Release Date : 2007
Civil Trials Bench Book 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 Civil procedure categories.
This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Grounds Of Judgment
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Author : Pär Kristoffer Cassel
language : en
Publisher:
Release Date : 2012
Grounds Of Judgment written by Pär Kristoffer Cassel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Americans categories.
Perhaps more than anywhere else in the world, the 19th century encounter between East Asia and the Western world has been narrated as a legal encounter. This book explores extraterritoriality and the ways in which Western power operated in East Asia from the 1820s to the 1920s.--Résumé de l'éditeur.
Vigilance And Restraint In The Common Law Of Judicial Review
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Author : Dean R. Knight
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-19
Vigilance And Restraint In The Common Law Of Judicial Review written by Dean R. Knight 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 2018-04-19 with LAW categories.
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
The Performance Of International Courts And Tribunals
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Author : Theresa Squatrito
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-05
The Performance Of International Courts And Tribunals written by Theresa Squatrito 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 2018-04-05 with Law categories.
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Trials Of The State
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Author : Jonathan Sumption
language : en
Publisher: Profile Books
Release Date : 2019-08-29
Trials Of The State written by Jonathan Sumption and has been published by Profile Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-29 with Law categories.
A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.
Recognition And Enforcement Of Judgments In Civil And Commercial Matters
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Author : Anselmo Reyes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-09-19
Recognition And Enforcement Of Judgments In Civil And Commercial Matters 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 2019-09-19 with Law categories.
This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.
Promoting Foreign Judgments
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Author : Pontian N. Okoli
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-10-07
Promoting Foreign Judgments written by Pontian N. Okoli 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 2019-10-07 with Law categories.
In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.
International Jurisdiction And The Recognition And Enforcement Of Foreign Judgments In The Lawasia Region
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Author : Bradford A. Caffrey
language : en
Publisher:
Release Date : 1985
International Jurisdiction And The Recognition And Enforcement Of Foreign Judgments In The Lawasia Region written by Bradford A. Caffrey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Law categories.
Enforcement Of Foreign Arbitral Awards And Judgments In New York
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Author : Andreas A. Frischknecht
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
Enforcement Of Foreign Arbitral Awards And Judgments In New York written by Andreas A. Frischknecht 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 2016-04-24 with Law categories.
Merely obtaining a favorable arbitral award or judgment at the end of a dispute holds little value unless the prevailing party is able to enforce it. This book, more thoroughly than any other source, shows practitioners how to navigate the relevant laws in New York—a leading global financial center known for its pro-enforcement policies and the powerful discovery tools it makes available to creditors. No other resource explores the current state of the law in New York as comprehensively as this book. Beyond its sheer practical significance given the likelihood of debtors having assets in (or routing U.S. dollar transactions through) New York, this book provides creditors and their counsel with the critical information they need to define their global enforcement strategy and facilitate their enforcement efforts not only in New York but potentially worldwide. Among the issues and topics that the book tackles are the following: • review of the fundamentals of U.S. practice and procedure for non–New York practitioners; • easy to understand, jargon-free explanation of the often daunting state and federal procedures for enforcement; • up-to-date, clear presentation of the relevant case law, including key state and federal decisions; • explanation of how state and federal laws intersect with international law; • review of significant recent developments impacting a creditor's ability to reach foreign defendants and their assets outside the U.S. in post-judgment execution proceedings; and • comprehensive advice on the practicalities of executing a judgment. Given the critical role New York plays in a host of cross-border transactions and its status as a hub for worldwide judgment and award enforcement, the demand to better understand the laws and judicial system within the state has never been higher. This comprehensive yet practical guide to navigating award and judgment enforcement in New York provides the understanding both the basics and the nuances in this area that is critical for any domestic or international practitioner when advising a client as to the likelihood of collection in or through New York.