Описание: This book examines the means and procedures for determining arbitral jurisdiction in state court proceedings at the early stages of the process. It compares the practice of the English, Swiss and German legal orders and outlines suggestions for improvement.
Описание: This book covers the development and current position of civil jurisdiction rules in the EU, analysing the three main regulations on civil jurisdiction and their effect on parties domiciled or habitually resident outside the EU, particularly regarding the recognition and enforcement of judgments made within the EU in external jurisdictions. The book also looks into the institutional issue of external relations the European Community maintains with third States, principally how these third States are able to conclude international agreements with EU Member States.
Автор: Kim Название: Eminent Domain ISBN: 1316628337 ISBN-13(EAN): 9781316628331 Издательство: Cambridge Academ Рейтинг: Цена: 6019.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The taking of private property for development projects has often caused controversy when used to benefit powerful interests at the expense of the general public. This collection of essays analyzes the use and abuse of eminent domain in nations across the world, including Germany, the US, Taiwan, and South Korea.
Автор: Higgins Andrew Название: Legal Professional Privilege for Corporations ISBN: 019870268X ISBN-13(EAN): 9780198702689 Издательство: Oxford Academ Рейтинг: Цена: 37620.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: An account of legal professional privilege for corporations, this title examines the approaches of four major common law jurisdictions: the UK, Australia, Canada and the United States. It will act as an invaluable to guide to practitioners and judges trying to ascertain whether a corporate communication will attract privilege.
Автор: Sonya Willis Название: Civil Dispute Resolution: Balancing Themes and Theory ISBN: 1316606341 ISBN-13(EAN): 9781316606346 Издательство: Cambridge Academ Рейтинг: Цена: 13779.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Presents a comprehensive framework within which both civil procedure and alternative dispute resolution are addressed. This framework, based on balancing competing objectives of dispute resolution, simplifies and explains the many aspects of resolving disagreements between private parties.
Автор: Karayanidi Milana Название: Rethinking Judicial Jurisdiction in Private International La ISBN: 1509924779 ISBN-13(EAN): 9781509924776 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores the theory and practice of judicial jurisdiction within the field of private international law. It offers a revised look at values justifying the power of courts to hear and decide cross-border disputes, and demonstrates that a re-conceptualisation of jurisdiction is needed. Rather than deriving from territorial power of states, jurisdiction in civil and commercial cross-border matters ought to be driven by party autonomy. This autonomy can be limited by certain considerations of equality and critical state sovereign interests. The book applies this normative view to the existing rules of jurisdiction in the European Union and the Russian Federation. These regimes are chosen due to their unique positions towards values in private international law and contrasting societal norms that generate and accommodate these values. Notwithstanding disparate cultural and political ideas, these regimes reveal a surprising level of consistency when it comes to enforcement of party autonomy. There is, nevertheless, room for improvement. The book demonstrates to scholars, policy makers and lawmakers that jurisdiction should be re-centred around the interests of private actors, and proposes ways to improve the current rules.
In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice.
This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress.
This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.
Описание: Most victims of international institutional conduct are unable to access the protection of national courts due to the latter`s jurisdictional immunities. Justice at the international level is also unrealisable. This book advances a regulatory scheme that ensures access to justice to victims without compromising institutional independence.
Автор: Anselmo Reyes, Wilson Lui Название: Direct Jurisdiction ISBN: 1509936424 ISBN-13(EAN): 9781509936427 Издательство: Bloomsbury Academic Рейтинг: Цена: 22176.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book’s chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes).
The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.
Автор: Pato, Alexia (university Of Bonn) Название: Jurisdiction and cross-border collective redress ISBN: 150994625X ISBN-13(EAN): 9781509946259 Издательство: Bloomsbury Academic Рейтинг: Цена: 7126.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice.
This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.
Описание: This book looks at the question of extending the reach of the Brussels Ia Regulation to defendants not domiciled in an EU Member State. The Regulation, the centrepiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation. To provide a basis for the discussion of its possible extension, this volume takes a closer look at the national rules that currently govern the question of jurisdiction over non-EU defendants in each Member State through 17 national reports. The insights gained from them are summarised in a comparative report and critically discussed in further contributions, which look at the question both from a European and from a wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers.
Автор: James E. Pfander Название: Principles of Federal Jurisdiction ISBN: 1636593119 ISBN-13(EAN): 9781636593111 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 10949.00 р. Наличие на складе: Нет в наличии.
Описание: Despite being one of the most unique lakes in America - a natural body of water formed during the New Madrid earthquakes in the early nineteenth century - Reelfoot Lake is relatively understudied. Johnson`s book is part personal remembrance, part guidebook, and part cautionary tale on river and wetland ecology, conservation, and land management.
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