[PDF] Transnational Litigation In Comparative Perspective

Transnational Litigation in Comparative Perspective PDF
Author: Stephen C. McCaffrey
Publisher: Oxford University Press on Demand
ISBN:
Size: 66.24 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 710
View: 2284

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Transnational Litigation In Comparative Perspective

by Stephen C. McCaffrey, release date 2010, Transnational Litigation In Comparative Perspective Books available in PDF, EPUB, Mobi Format. Download Transnational Litigation In Comparative Perspective books, Transnational Litigation in Comparative Perspective: Theory and Application is the only casebook that examines the principal issues in transnational litigation from a comparative perspective. Each chapter focuses on a particular core problem that all legal systems must address. The first half of each chapter is devoted to exploring the theoretical context of the issue, thereby enabling students to appreciate the complexity of the problem and to see how achieving a resolution requires balancing competing interests. The second part of each chapter then focuses on how different systems deal with these challenges. Topics covered include protective measures, personal jurisdiction, forum non conveniens, forum selection clauses, state immunity, state doctrine, service of process, gathering evidence abroad, choice of law, and recognition and enforcement of foreign judgments. Distinctive Features *Uses a comparative approach that better prepares future lawyers for international litigation that may be initiated in countries other than the U.S. *Offers a hypothetical at the beginning of each chapter to introduce the fundamental issue; the hypotheticals raise questions that are diagnostic rather than prescriptive, leading to many "right" answers *Accommodates different types of courses--professors who employ a less theoretical approach can use the hypotheticals to ground class discussions *Considers issues unique to arbitration as they arise in connection with the various topics studied




[PDF] Fact Finding In Civil Litigation

Fact finding in Civil Litigation PDF
Author: Rijk Remme Verkerk
Publisher: Intersentia Uitgevers N V
ISBN: 9789400000742
Size: 11.48 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 441
View: 7612

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Fact Finding In Civil Litigation

by Rijk Remme Verkerk, release date 2010, Fact Finding In Civil Litigation Books available in PDF, EPUB, Mobi Format. Download Fact Finding In Civil Litigation books, A book series devoted to the common foundations of the European legal systems. The Ius Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European languages under the auspices of METRO, the Institute for Transnational Legal Research at Maastricht University. In civil cases, the facts of the case are often decisive. The book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands and the United States. It also examines the empirical data that shed light on the operation of procedural rights in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values such as efficiency, legitimacy, accuracy and fairness. This book discusses the values that are most prominent in the Dutch, Austrian and American legal systems. It explains how many differences between systems flow from these different fundamental starting points.




[PDF] International Litigation Strategies And Practice

International Litigation Strategies and Practice PDF
Author: Barton Legum
Publisher: American Bar Association
ISBN: 9781590315446
Size: 34.72 MB
Format: PDF
Category : Law
Languages : en
Pages : 275
View: 932

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International Litigation Strategies And Practice

by Barton Legum, release date 2005, International Litigation Strategies And Practice Books available in PDF, EPUB, Mobi Format. Download International Litigation Strategies And Practice books, Focusing on the strategic and practical aspects of handling a transnational case, this resource first discusses the essentials, e.g., finding the right lawyer for the job overseas and communicating with foreign clients and lawyers. It then addresses the strategic decisions and practice tools necessary to successfully initiate, defend, and conclude a transnational case.




[PDF] The Oxford Handbook Of International Adjudication

The Oxford Handbook of International Adjudication PDF
Author: Cesare PR Romano
Publisher: OUP Oxford
ISBN: 0191511412
Size: 47.42 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 1072
View: 7015

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The Oxford Handbook Of International Adjudication

by Cesare PR Romano, release date 2014-01-16, The Oxford Handbook Of International Adjudication Books available in PDF, EPUB, Mobi Format. Download The Oxford Handbook Of International Adjudication books, The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.




[PDF] Transnational Civil Litigation

Transnational Civil Litigation PDF
Author: Joachim Zekoll
Publisher: West Academic Publishing
ISBN: 9780314908131
Size: 72.94 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 807
View: 1149

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Transnational Civil Litigation

by Joachim Zekoll, release date 2013, Transnational Civil Litigation Books available in PDF, EPUB, Mobi Format. Download Transnational Civil Litigation books, This Casebook addresses the global dimension of civil procedure. The authors provide a unique comparative perspective on international litigation. This very teachable set of materials is designed to be accessible to Civil Procedure teachers who wish to teach the course, and it is also suitable for current teachers of transnational litigation. Topics include personal jurisdiction; cross-border service of process; subject matter jurisdiction; taking of evidence abroad; problems of choice of forum, choice of law and parallel proceedings; recognition and enforcement of foreign judgments; international arbitration; and foreign sovereign immunities.




[PDF] Forum Shopping And Venue In Transnational Litigation

Forum Shopping and Venue in Transnational Litigation PDF
Author: Andrew S. Bell
Publisher: Oxford University Press on Demand
ISBN: 9780199248186
Size: 66.56 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 346
View: 3782

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Forum Shopping And Venue In Transnational Litigation

by Andrew S. Bell, release date 2003, Forum Shopping And Venue In Transnational Litigation Books available in PDF, EPUB, Mobi Format. Download Forum Shopping And Venue In Transnational Litigation books, Forum shopping in international litigation and arbitration is the product of the differences which exist in the procedural and substantive laws of countries throughout the world participating in an ever-more globalized economy.This book provides an in-depth study of the conditions for, motivations behind and techniques of forum shopping as well as possible defences against it. It will be of interest to practitioners, judges and academics throughout the common law world, the European Union and the United States.




[PDF] Transnational Legal Processes And Human Rights

Transnational Legal Processes and Human Rights PDF
Author: Asst Prof Lauren Fielder
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472404459
Size: 19.63 MB
Format: PDF, ePub, Docs
Category : Political Science
Languages : en
Pages : 288
View: 7568

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Transnational Legal Processes And Human Rights

by Asst Prof Lauren Fielder, release date 2013-03-28, Transnational Legal Processes And Human Rights Books available in PDF, EPUB, Mobi Format. Download Transnational Legal Processes And Human Rights books, It is becoming increasingly common for human rights norms to be transferred between legal and political systems and this book is a fresh approach to the intersection of transnational law and the protection of cultural difference beyond the single state border. It investigates how the construction and evolution of human rights norms are transferred in transnational legal settings and asks whether law should reflect, express or control any given aspect of culture. The chapters explore the ways that law and cultural identity may or may not co-exist, particularly in circumstances where a prima facie clash is observed. Examining legal approaches to cultural differences from a comparative perspective and across a wide range of locations, the book covers topics such as juvenile punishment, religious defamation, religious rights and conflict between industry and indigenous communities. It will be of value to those working in the areas of transnational and comparative law, as well as those concerned with human rights and the intersection of law and cultural difference.




[PDF] International And Comparative Mediation

International and Comparative Mediation PDF
Author: Nadja Marie Alexander
Publisher: Kluwer Law International B.V.
ISBN: 9041132244
Size: 66.28 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 508
View: 1493

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International And Comparative Mediation

by Nadja Marie Alexander, release date 2009-01-01, International And Comparative Mediation Books available in PDF, EPUB, Mobi Format. Download International And Comparative Mediation books, "In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.




[PDF] The Future Of Transnational Civil Litigation

The Future of Transnational Civil Litigation PDF
Author: Mads Tønnesson Andenæs
Publisher: British Inst of International & Comparative
ISBN: 9780903067973
Size: 15.70 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 410
View: 4904

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The Future Of Transnational Civil Litigation

by Mads Tønnesson Andenæs, release date 2004, The Future Of Transnational Civil Litigation Books available in PDF, EPUB, Mobi Format. Download The Future Of Transnational Civil Litigation books, English responses to the ALI/UNIDROIT Draft Principles and Rules of Transnational Civil Procedure.




[PDF] The Judicial Process In Comparative Perspective

The Judicial Process in Comparative Perspective PDF
Author: Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies Mauro Cappelletti
Publisher: Oxford University Press, USA
ISBN:
Size: 36.22 MB
Format: PDF, Docs
Category : Courts.
Languages : en
Pages : 417
View: 4493

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The Judicial Process In Comparative Perspective

by Lewis Talbot and Nadine Hearn Shelton Professor of International Legal Studies Mauro Cappelletti, release date 1989, The Judicial Process In Comparative Perspective Books available in PDF, EPUB, Mobi Format. Download The Judicial Process In Comparative Perspective books, This book is the first application of the comparative method to the analysis of both the basic features of judicial process and their evolution and profound transformation in Europe and America. Cappelletti discusses the challenges facing the courts of justice and other adjudicatory agencies, and evaluates the solutions adopted by contemporary legal systems.