The Law Relating To The Subject Of Jurisdiction Of Courts
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The Law Relating To The Subject Of Jurisdiction Of Courts
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Author : Horace Hawes
language : en
Publisher:
Release Date : 1886
The Law Relating To The Subject Of Jurisdiction Of Courts written by Horace Hawes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1886 with Jurisdiction categories.
The Law Relating To The Subject Of Jurisdiction Of Courts The Means Of Acquiring Jurisdiction And The Presumptions Arising From The Record
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Author :
language : en
Publisher:
Release Date : 1886
The Law Relating To The Subject Of Jurisdiction Of Courts The Means Of Acquiring Jurisdiction And The Presumptions Arising From The Record written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1886 with categories.
International Courts And The Development Of International Law
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Author : Nerina Boschiero
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-15
International Courts And The Development Of International Law written by Nerina Boschiero 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 2013-03-15 with Law categories.
This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.
Jurisdiction In International Litigation
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Author : Mary Keyes
language : en
Publisher: Federation Press
Release Date : 2005
Jurisdiction In International Litigation written by Mary Keyes and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Transport and communications technologies have made international disputes common, and a frequent practical issue is which country or countries have jurisdiction to resolve the dispute. Existing literature on private international law tends to emphasize choice of law rather than jurisdiction. Cases tend to show that the practical significance of Jurisdiction has yet to be appreciated. This groundbreaking book fills in these gaps and offers a critical analysis of the principles and the theoretical foundations applied to resolve private international jurisdictional disputes and of the manner in which those principles are applied in practice by: Describing the context in which international jurisdiction disputes are determined Explaining and critically analysing the principles of jurisdiction Explaining and critically analysing the manner in which the principles are applied Identifying the interests which motivate principles and the courts' application of the principles Recommending reforms to the principles by demonstrating that the existing principles of jurisdiction are flawed, and ought to be reformed by taking into account the law's objectives, defined by relevance to state and private interests.
Subject Matter Jurisdiction Of U S District Courts
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Author : Richard H. W. Maloy
language : en
Publisher: Vandeplas Pub.
Release Date : 2010
Subject Matter Jurisdiction Of U S District Courts written by Richard H. W. Maloy and has been published by Vandeplas Pub. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with District courts categories.
As the authorization for subject matter jurisdiction of U.S. District Courts, is principally constitutional and statutory in content, the U.S. Constitution, particularly Article III, 44 primary statutes, a Federal Rule of Civil Procedure, and judicial decisions permitting the federal trial courts to entertain equity controversies, abstention, and matters they may not consider, have been analyzed in the 1,376 cases presented in this book. The expository writing of appellate judges has been included to clarify the meaning of constitutional and statutory provisions. The Opinions of District Court Judges, when applicable, have been featured throughout the book. All of these sources are utilized in its construction. Professor Maloy has presented this vital facet of the judicial system of the United States with opening and closing remarks, separate chapters on the U.S. Constitution, the Judiciary Acts, and the codification of U.S. statutes. Those features complete the 52 chapter presentation with its 2,162 footnotes of clarification. Both Chief Justice Salmon P. Chase and Justice Oliver Wendell Holmes, writing for the U.S. Supreme Court, have proclaimed that the jurisdiction of a court is its power to render meaningful judicial decisions. Justice Anthony M. Kennedy, also writing for the Court, has cautioned the courts not to use that power to stifle the ever so important freedom of speech of the populace. The statutes and judicial decisions, of which this work is an important part, have been presented with both observations of those learned scholars emphatically in mind. This book has been written for those who want to know something about the "business" of the U.S. District Courts, and also for District Court Judges, who already know a lot about the "business" of their courts, but who just might want to know a bit more. Professor Richard H.W. Maloy holds a Bachelor of Arts degree from Dartmouth College, a Juris Doctor degree from Columbia Law School, and a Master of Laws degree from the University of Miami. During his 34 years of law practice in Miami, Florida he was an Adjunct Professor of Law at the University of Miami and the author of books on appellate practice, pleadings and bankruptcy. For 25 years he continually updated his 14 volume set of Florida Forms of Practice for the law book publisher, Matthew Bender & Co. He has been on the faculty of St. Thomas University School of Law in Miami since 1991, and is a Professor Emeritus at that school, where he teaches Conflict of Laws and Remedies.
Universal Jurisdiction The Sierra Leone Profile
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Author : Justice Bankole Thompson
language : en
Publisher: Springer
Release Date : 2015-03-12
Universal Jurisdiction The Sierra Leone Profile written by Justice Bankole Thompson and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-12 with Law categories.
The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country’s profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such criminogenic acts. Hence, a compelling reason for the author to write this book was to provide a seminal scholarly work on the subject articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. It was also to propose necessary substantive and procedural law reforms in the state’s jurisprudence on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant tables and summaries of each chapter. Justice Rosolu J.B. Thompson is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a member of and Presiding Judge in Trial Chamber I of the Special Court for Sierra Leone.
Foreign Law In English Courts
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Author : Richard Fentiman
language : en
Publisher: Clarendon Press
Release Date : 1998
Foreign Law In English Courts written by Richard Fentiman and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
This book is concerned with the pleading and proof of foreign law in English courts. Fentiman argues that the law is both more complex and more defensible than had previously been supposed. By providing a practical guide to the subject, he presents the conflict of laws in a way which is both novel and illuminating.
Jurisdiction Of The International Court Of Justice
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Author : Hanqin Xue
language : en
Publisher: BRILL
Release Date : 2017-08-16
Jurisdiction Of The International Court Of Justice written by Hanqin Xue and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-16 with Law categories.
Jurisdiction of the International Court of Justice by Judge Xue Hanqin introduces general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the International Court of Justice.
Civil Procedure
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Author : Kevin M. Clermont
language : en
Publisher:
Release Date : 1999
Civil Procedure written by Kevin M. Clermont and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Clermont's Territorial Jurisdiction and Venue paints the theoretical background and lays out the doctrine explaining the subject's practical importance and how it works. Introduces international and comparative aspects, as well as a firm reminder of where the law on forum fits into the structure of our own legal system. Coverage extends from the history of the law to its application in cyberspace. In brief, this book provides the theory, doctrine, and practice of territorial jurisdiction and venue.
Leading Cases On International Law
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Author : Lawrence B. Evans
language : en
Publisher: Forgotten Books
Release Date : 2015-06-17
Leading Cases On International Law written by Lawrence B. Evans and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-17 with Law categories.
Excerpt from Leading Cases on International Law Since international law is the result of the practice of all nations, an ideal collection of cases on the subject would represent the courts of all countries. This however is a degree of perfection which is impossible of realization, and from the standpoint of a student of the subject, it is not altogether desirable. The value of a case to a student is that it is a judicial discussion of the law applicable to a certain state of facts, and his interest should be centered upon the reasoning of the court rather than upon the conclusion at which it arrives. But the decisions of courts outside of common-law jurisdictions are usually not cast in such a form as to make them useful to students. For this reason and also because this collection was intended to be a brief one, it is confined to decisions from British and American jurisdictions. This however does not prevent considerable variety in point of view, since the collection comprises decisions from the highest courts of Massachusetts and New York, the several inferior Federal courts, the Court of Claims and the Supreme Court of the United States, while the far-flung empire of our British kinsmen is represented by decisions of the Judicial Committee of the Privy Council, the House of Lords, the High Court of Justice, the High Court of Admiralty, the High Court of Justiciary of Scotland, as well as by the decisions of courts sitting in Egypt, South Africa and Hong-Kong. As between British and American decisions, I am not conscious of any bias in favor of those of my own country, but have only sought to select such as would best serve the purpose. Of the cases, 102 in number, which constitute the collection, 48 were decided in British courts and 54 in American courts. In view of the great importance of the subject, I have also included a note on Aerial Jurisdiction, - a new topic in international law on which there is as yet no judicial decision. For economy of space some of the longer cases have been abbreviated by the omission of unessential matter. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.