Codification in East Asia

Author: Wen-Yeu Wang
Publisher: Springer Science & Business Media
ISBN: 3319034464
Format: PDF, Docs
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This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

Intellectual Property and Private International Law

Author: Toshiyuki Kono
Publisher: Bloomsbury Publishing
ISBN: 1847319696
Format: PDF, ePub, Mobi
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'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.

Geography Institutions and Regional Economic Performance

Author: Riccardo Crescenzi
Publisher: Springer Science & Business Media
ISBN: 3642333958
Format: PDF, ePub, Mobi
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The book aims to present “traditional features” of regional science (as geographical concepts and institutions), as well as relatively new topics such as innovation and agglomeration economies. In particular it demonstrates that, contrary to what has been argued by recent economics literature, both geography and institutions (or culture) are relevant for local development. In fact, these phenomena, along with the movement of goods and workers, are among the main reasons for persisting development differentials. These intriguing relationships are at the heart of the analysis presented in this book and form the conceptual basis for a promising institutional approach to economic geography.

A Guide to the SIAC Arbitration Rules

Author: John Choong
Publisher: Oxford University Press, USA
ISBN: 9780198810650
Format: PDF, Kindle
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This is the first text to provide a comprehensive rule-by-rule commentary of the inception, interpretation, and application of the SIAC Rules, written by practitioners with extensive experience in South East Asia arbitrations. Practical and strategic in approach, this book provides useful guidance for practitioners whilst also delivering commentary and thematic analysis to highlight the connections between the SIAC rules and those of other institutions. The book begins with an introduction to Singapore arbitration, both practical and legal, and is followed by an overview of SIAC arbitration, including the different stages of a typical case and the corporate structure of SIAC. Every rule is then examined in detail on a thematic basis, starting with the commencement of an arbitration and working up to and including the rendering of an award and the determination of costs. This new edition has been fully updated to include the 2016 SIAC Rules, and also contains additional chapters on the new rules on multiple contracts, consolidation, and joinder, the early dismissal of claims and defences, and the SIAC Investment Arbitration Rules (2017). Relevant supporting documents are appended, including SIAC Practice Notes and the SIAC Code of Ethics for Arbitrators. This book stands alone as a comprehensive exposition of SIAC arbitration, and is indispensable for any practitioner involved in arbitration in Asia.

Recognition and Enforcement of Foreign Arbitral Awards

Author: George A. Bermann
Publisher: Springer
ISBN: 3319509152
Format: PDF
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This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention’s interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts’ conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention’s interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention’s limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention’s various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention “on the ground.”

Lagomorph Biology

Author: Paulo C. Alves
Publisher: Springer Science & Business Media
ISBN: 354072446X
Format: PDF, ePub, Docs
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This is the first book to cover all aspects of Lagomorph biology. Lagomorphs are a mammalian order which includes rabbits, hares and pikas. They are distributed throughout the world and are of both scientific and public interest as they are classified between endangered and pest species. In addition, some have a high economic value as important game species. In the last few decades, a huge amount of information has been made available to the scientific community that has resulted in remarkable advances on all aspects of Lagomorph biology.

Re thinking Diversity

Author: Cordula Braedel-Kühner
Publisher: Springer
ISBN: 3658115025
Format: PDF, ePub, Mobi
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This volume entails a collection of new ideas, themes and questions towards a phenomenon which we are used to refer to with the key term “diversity”. The aim of the book is to offer a cultural sciences perspective on “diversity”, to advance knowledge about it and enrich the dialogue between academics and practitioners in related domains of action. Today, changes in the demographic structures of the population, the migration flux, multiculturalism, the rising awareness concerning minorities’ rights, gender studies and so on lead to a complex picture of what “diversity” means. The narrative of a society and of most organizations is constituted by multiple layers of social categorization, segregation and identity. Therefore, “diversity” defies simple definition. The contributions in this volume approach the phenomenon from different angles and reveal new theoretical, methodological and practical perspectives on it.

Solon the Athenian the Poetic Fragments

Author: Maria Noussia Fantuzzi
Publisher: BRILL
ISBN: 9004174788
Format: PDF, Kindle
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This book illuminates the authoritative voice of Solon of Athens by an integrated literary, historical, and philological approach and the use of a range of hermeneutic frameworks, from literary theory to oral poetics.

Leibniz Logico Philosophical Puzzles in the Law

Author: Alberto Artosi
Publisher: Springer Science & Business Media
ISBN: 9400751923
Format: PDF, Kindle
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This volume presents two Leibnizian writings, the Specimen of Philosophical Questions Collected from the Law and the Dissertation on Perplexing Cases. These works, originally published in 1664 and 1666, constitute, respectively, Leibniz’s thesis for the title of Master of Philosophy and his doctoral dissertation in law. Besides providing evidence of the earliest development of Leibniz’s thought and amazing anticipations of his mature views, they present a genuine intellectual interest, for the freshness and originality of Leibniz’s reflections on a striking variety of logico-philosophical puzzles drawn from the law. The Specimen addresses puzzling issues resulting from apparent conflicts between law and philosophy (the latter broadly understood as comprising also mathematics, as well as empirical sciences). The Dissertation addresses cases whose solution is puzzling because of the convoluted logical form of legal dispositions and contractual clauses, or because of conflicting priorities between concurring parties. In each case, Leibniz dissects the problems with the greatest ingenuity, disentangling their different aspects, and proposing solutions always reasonable and sometimes surprising. And he does not refrain from peppering his intellectual acrobatics with some humorous comments.