Codification In International Perspective

Author: Wen-Yeu Wang
Publisher: Springer Science & Business Media
ISBN: 3319034553
Size: 17.42 MB
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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
Size: 32.82 MB
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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
Size: 44.20 MB
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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
Size: 23.29 MB
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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
Size: 76.21 MB
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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.

International Law As The Law Of Collectives

Author: Dr John R Morss
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472400798
Size: 16.17 MB
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This book is concerned with how we can make sense of the confusing landscape of individualistic explanation in international law. Arguing that international law lacks the vocabulary to deal with the collective dimension and therefore perpetuates an individualistic vocabulary, the book develops and articulates a more appropriate collective approach for public international law. In doing so, it reframes longstanding problems such as the conflict between self-determination and the integrity of states and the effects and the limits of state sovereignty in an increasingly globalized world. Presenting fresh perspectives on a range of contemporary issues in international law, the book draws on the work of major contributors to legal and political theory.

Recognition And Enforcement Of Foreign Arbitral Awards

Author: George A. Bermann
Publisher: Springer
ISBN: 3319509152
Size: 47.45 MB
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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:
Size: 78.86 MB
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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.

Lagomorph Biology

Author: Paulo C. Alves
Publisher: Springer Science & Business Media
ISBN: 354072446X
Size: 65.29 MB
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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.

Cold Adapted Organisms

Author: Rosa Margesin
Publisher: Springer Science & Business Media
ISBN: 9783540649731
Size: 16.51 MB
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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.