Rechtsangleichung Grundlagen Methoden Und Inhalte
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Rechtsangleichung Grundlagen Methoden Und Inhalte
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Author : Karl Riesenhuber
language : de
Publisher: Walter de Gruyter
Release Date : 2011-12-22
Rechtsangleichung Grundlagen Methoden Und Inhalte written by Karl Riesenhuber 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 2011-12-22 with Law categories.
Globalisierung und Recht - so lautete der Titel eines rechtswissenschaftlichen Kongresses, den die Alexander von Humboldt-Stiftung (AvH) und der Deutsche Akademische Austauschdienst (DAAD) in Zusammenarbeit mit der Japan Foundation for the Promotion of Science (JSPS) im September/Oktober 2005 in Tokio ausgerichtet haben. Es ging dort um die Auswirkungen des Globalisierungsphänomens auf das Recht und die Rechtswissenschaft, aber auch um die Folgewirkungen für die traditionell enge deutsch-japanische Zusammenarbeit im Bereich der Rechtswissenschaft. Am Rande des Kongresses boten die Veranstalter Nachwuchswissenschaftlern Gelegenheit zum wissenschaftlichen Austausch und zur Anknüpfung neuer Verbindungen. Generalthema dieses Forums war "Rechtsangleichung". Damit sollte eines von vielen möglichen rechtlichen Mitteln, der Globalisierung Rechnung zu tragen, eingehender untersucht werden: in Grundlagen und Methoden sowie, exemplarisch, für einzelne Inhalte. Die Vielzahl der von den Teilnehmern vertretenen Teilrechtsgebiete ebenso wie die unterschiedliche nationale Perspektive erwies sich dabei als besonders anregend und für eine vertiefte Diskussion weiterführend. Veranstalter und Teilnehmer haben das Nachwuchswissenschaftler-Forum als Auftakt verstanden. Die Teilnehmer haben die Diskussion in vielen Bereichen fortgeführt. Ein Ausdruck dessen ist auch der hier vorgelegte Tagungsband. Er ist im besten Sinne ein Gemeinschaftswerk. Die Publikation in beiden Sprachen soll Wissenschaftlern beider Länder den Zugang erleichtern und Ansatzpunkte für eine Zusammenarbeit aufzeigen.
Forum Shopping Despite Unification Of Law
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Author : Franco Ferrari
language : en
Publisher: BRILL
Release Date : 2021-08-16
Forum Shopping Despite Unification Of Law written by Franco Ferrari and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-16 with Law categories.
According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.
European Private Law After The Common Frame Of Reference
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Author : Hans W. Micklitz
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
European Private Law After The Common Frame Of Reference written by Hans W. Micklitz 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 2010-01-01 with Law categories.
The book is a must read for anybody interested in the future development of European private law. European Private Law News This volume contains a valuable collection of essays by a group of reputable academics, each dealing with a particular aspect of the development of a substantive law of contract at European level. The contributors have a variety of interests and perspectives. The topic is clearly of great current interest throughout the European Union and beyond. Peter Stone, University of Essex, UK European Private Law after the Common Frame of Reference brings together several interesting contributions from a distinguished group of scholars, and sheds light on the important issue of legal harmonization from an interdisciplinary and comparative perspective. Francesco Parisi, University of Minnesota, US and University of Bologna, Italy The Common Frame of Reference has several potential functions, some reconcilable, others mutually exclusive. Its size, its shape, its true legal nature and its content all remain contested. Modest or ambitious, toolbox or code-in-waiting? Its chameleon character is its strength and simultaneously its weakness, and equally the reason why it has attracted such attention. In this book the editors have assembled a veritable who s who in the field and it is a terrific read. Stephen Weatherill, University of Oxford, UK This book paves the way for, and initiates, the second-generation of research in European private law subsequent to the Draft Common Frame of Reference (DCFR) needed for the 21st century. The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts. This fascinating book will be a must-read for European lawyers, private lawyers in the Member States and academics dealing with conceptual issues of the future of the national and the European private law. Advanced students in both law and international business will also find this book invaluable, as will US scholars interested in the US EU comparison of different legal orders.
Diplomatic Asylum
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Author : Laura Hughes-Gerber
language : en
Publisher: Springer Nature
Release Date : 2021-05-12
Diplomatic Asylum written by Laura Hughes-Gerber and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-12 with Law categories.
Following the vexed codification attempts of the International Law Commission and the relevant jurisprudence of the International Court of Justice, this book addresses the permissibility of the practice of diplomatic asylum under general international law. In the light of a wealth of recent practice, most prominently the case of Julian Assange, the main objective of this book is to ascertain whether or not the practice of granting asylum within the premises of the diplomatic mission finds foundation under general international law. In doing so, it explores the legal framework of the Vienna Convention on Diplomatic Relations 1961, the regional treaty framework of Latin America, customary international law, and a possible legal basis for the practice on the basis of humanitarian considerations. In cases where the practice takes place without a legal basis, this book aims to contribute to bridging the legal lacuna created by the rigid nature of international diplomatic law with the absolute nature of the inviolability of the mission premises facilitating the continuation of the practice of diplomatic asylum even where it is without legal foundation. It does so by proposing solutions to the problem of diplomatic asylum. This book also aims to establish the extent to which international law relating to diplomatic asylum may presently find itself within a period of transformation indicative of both a change in the nature of the practice as well as exploring whether recent notions of humanity are superseding the traditional fundaments of the international legal system in this regard.
Research Handbook On General Principles In Eu Law
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Author : Ziegler, Katja S.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-04-22
Research Handbook On General Principles In Eu Law written by Ziegler, Katja S. 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 2022-04-22 with Political Science categories.
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
The Organizational Contract
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Author : Stefan Grundmann
language : en
Publisher: Routledge
Release Date : 2016-02-17
The Organizational Contract written by Stefan Grundmann and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-17 with Law categories.
This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.
Legal Education In Asia
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Author : Stacey Steele
language : en
Publisher: Routledge
Release Date : 2009-12-07
Legal Education In Asia written by Stacey Steele and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-07 with Business & Economics categories.
This book is a critique of the rapidly changing nature of legal education in major Asian jurisdictions as diverse as Afghanistan, Australia, Cambodia, China, Hong Kong, Indonesia, Japan, Korea, Singapore, Taiwan and Vietnam. It provides cross-country comparative material, including western legal education systems, and particularly detailed coverage of Japan.
The Elgar Companion To Uncitral
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Author : Rishi Gulati
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-11-03
The Elgar Companion To Uncitral written by Rishi Gulati 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 2023-11-03 with Law categories.
As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to help develop and promote uniform private law internationally. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.
Japanese Private International Law
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Author : Kazuaki Nishioka
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-10-07
Japanese Private International Law written by Kazuaki Nishioka and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-07 with Law categories.
This is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.
Regulations Regarding Living Organ Donation In Europe
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Author : Leonie Lopp
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-12
Regulations Regarding Living Organ Donation In Europe written by Leonie Lopp 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 2013-06-12 with Law categories.
Organ transplantation is a much-discussed subject, and the importance of living organ donation is increasing significantly. Yet despite all efforts, too few donor organs are available to help all patients in need. This book analyses whether the national legal regulations are also partly responsible for the organ shortage in the Member States of the European Union. In addition to a detailed analysis of the various national regulations, the main arguments in favour of and against legal restrictions on living organ donation are considered. Furthermore, the European Union’s authority is investigated, namely, whether it is entitled to establish statutory provisions for the Member States with respect to a harmonized regulation of living organ donation. Based on the results of the analysis, the author establishes a Best Practice Proposal for living organ donation.