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"A critical consideration in transnational civil and commercial litigation is whether a judgment ultimately rendered by a court in favor of the successful party will be respected and enforced outside the jurisdiction where it was rendered-especially in foreign jurisdictions where the judgment debtor might have assets. It is an issue for practitioners to consider carefully, not only after such a dispute has arisen but equally in the context of negotiating (or deciding to forego) a contractual choice of forum clause. In this area, domestic law continues to predominate. No general principle of law or broad rule of customary international law compels domestic courts to enforce foreign judgments ...
With increased cross-border disputes in civil and commercial matters across the globe, this edition gives practicing litigators an overview of the provision of mechanisms for international judicial assistance across different legal systems. Building on Ristau's classic multi-volume work, this book brings up-to-date background and practical guidance that today's practitioners need.
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Transboundary Environmental Negotiation is an important collection of articles generated by faculty and graduate students at MIT, the Fletcher School of Law and Diplomacy at Tufts University, and the Program on Negotiation at Harvard Law School. The contributors emphasize the ways in which global environmental treaty-making can be improved. They highlight new environmental problems that pose difficult global negotiation challenges and suggest new strategies for involving a range of nongovernmental actors in ways that can overcome the obstacles to transboundary environmentalism.
This book investigates the legal implications of 'gray area' military operations in counterinsurgency, cyber warfare and the war on terror.
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