Codification in International Perspective

Author: Wen-Yeu Wang
Publisher: Springer Science & Business Media
ISBN: 3319034553
Format: PDF, ePub
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No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. The first of two volumes on this subject begins with a general theoretical and historical view of codification, followed by a series of other horizontal inquiries. It encompasses papers focusing on several significant contemporary issues in codification, including "codification of private law in post-soviet times", "criminal law codification beyond the nation state" and "soft codification of private law". In addition, this volume consists of general reports and national reports on administrative procedure and human rights, providing a comparative analysis of codification of law. This book is developed from papers presented at the 2012 Thematic Congress of the International Academy of Comparative Law.

Codification in East Asia

Author: Wen-Yeu Wang
Publisher: Springer Science & Business Media
ISBN: 3319034464
Format: PDF
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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.

A Guide to the SIAC Arbitration Rules

Author: John Choong
Publisher: Oxford University Press, USA
ISBN: 9780198810650
Format: PDF, ePub, Mobi
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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.

Geography Institutions and Regional Economic Performance

Author: Riccardo Crescenzi
Publisher: Springer Science & Business Media
ISBN: 3642333958
Format: PDF, ePub, Docs
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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.

The Influence of Human Rights and Basic Rights in Private Law

Author: Verica Trstenjak
Publisher: Springer
ISBN: 3319253379
Format: PDF, ePub, Docs
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This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

Recognition and Enforcement of Foreign Arbitral Awards

Author: George A. Bermann
Publisher: Springer
ISBN: 3319509152
Format: PDF, ePub, Mobi
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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.”

Comparative Law Facing the 21st Century

Author: John William Bridge
Publisher: British Inst of International & Comparative
ISBN:
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This is the companion to volume 19, containing the general reports delivered at the XV International Congress of Comparative Law held in Bristol, United Kingdom, July 1998. Following well-established practice, these reports cover the entire field of legal study ranging over legal history and philosophy, civil and commercial law, public and private international law and human rights, tax law, penal law, computers, and legal bibliography. In addition to providing a permanent record of the proceedings of the XV International Congress, this volume is also an indispensable repository of information and comparative analysis of the major themes and challenges of the legal system of the world at the start of the Third Millennium. In advancing and stimulating comparative legal studies, it also reflects that discipline's three principal characteristics: its promotion of understanding among peoples; its utility for law reform; and its role in legal education.

Cold Adapted Organisms

Author: Rosa Margesin
Publisher: Springer Science & Business Media
ISBN: 9783540649731
Format: PDF, Mobi
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Major parts of the oceans and lands of our planet are permanently, or temporarily, exposed to temperatures below 10 C. Microorganisms, plants and animals living under these conditions have adapted to their environments in such a way that metabolic processes, reproduction and survival strategies are optimal for their natural biotopes. This book presents the most recent knowledge of the ecology and the physiology of cold-adapted microorganisms, plants and animals, and explains the mechanisms of cold-adaptation on the enzymatic and molecular level, including results from the first crystal structures of enzymes of cold-adapted organisms.

Cartesian Theodicy

Author: Z. Janowski
Publisher: Springer Science & Business Media
ISBN: 9401091447
Format: PDF, Kindle
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Almost all interpreters of Cartesian philosophy have hitherto focused on the epistemological aspect of Descartes' thought. In his Cartesian Theodicy, Janowski demonstrates that Descartes' epistemological problems are merely rearticulations of theological questions. For example, Descartes' attempt to define the role of God in man's cognitive fallibility is a reiteration of an old argument that points out the incongruity between the existence of God and evil, and his pivotal question `whence error?' is shown here to be a rephrasing of the question `whence evil?' The answer Descartes gives in the Meditations is actually a reformulation of the answer found in St. Augustine's De Libero Arbitrio and the Confessions. The influence of St. Augustine on Descartes can also be detected in the doctrine of eternal truths which, within the context of the 17th-century debates over the question of the nature of divine freedom, caused Descartes to ally himself with the Augustinian Oratorians against the Jesuits. Both in his Cartesian Theodicy as well as his Index Augustino-Cartesian, Textes et Commentaire Janowski shows that the entire Cartesian metaphysics can - and should - be read within the context of Augustinian thought.

Contractualisation of Family Law Global Perspectives

Author: Frederik Swennen
Publisher: Springer
ISBN: 3319172298
Format: PDF, Docs
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This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness ‘family law exceptionalism’ vis-à-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach. This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.