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Declining Jurisdiction in Private International Law
The subject of declining jurisdiction in private international law is one of enormous practical importance and academic interest. It is also a topic where a comparative approach is particularly revealing. This book contains the 17 national reports and the general report on the subject of`Rules for declining to exercise jurisdiction: Forum Non Conveniens, Lis Pendens'. The Reports were held in Athens/Delphi in August 1994. The list of nations for which a report has been prepared is as follows: Argentina, Brazil, Canada, Quebec, Finland, France, Germany, Great Britain, Greece,Israel, Italy, Japan, The Netherlands, New Zealand, Sweden, Switzerland, and USA.This book by bringing together all the reports on `Declining Jurisdiction' provides a unique insight into this topic, and, dealing as it does with a key aspect of private international law, fits very well into the Oxford series of monographs on private international law.
The Three Paths of Justice
This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.
Principles of Transnational Civil Procedure
The American Law Institute and UNIDROIT (International Institute for the Unification of Private Law) are preeminent organizations working toward the clarification and advancement of the procedural rules of law. Recognizing the need for a 'universal' set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions, Principles and Rules of Transnational Civil Procedure was launched to create a set of acceptable rules and principles that would be accepted globally. This work strives to reduce uncertainty for parties obliged to litigate in unfamiliar surroundings and promote fairness in judicial judgments. As recognized standards of civil justice, Principles and Rules of Transnational Civil Procedure can be used in pleadings, development, and presentation of evidence, legal argument, and tribunal judgments such as arbitration. The result is a work which significantly contributes to the promotion of a universal rule of law norm.
Comparative Law in the Courtroom and Classroom
This is an original, deliberately controversial and disturbing appraisal of the state of comparative law at the beginning of the 21st century.
Towards a Justice with a Human Face
Je tiens egalement a remercier l'editeur KLUWER que nous a garanti une pu blication aisee et attrayante. Ce n'est pas sans fierte que j'ai l'honneur d'introduire la presente edition des actes du congres. PREFACE In the text mentioned above, it has been stated that the texts of the General Rap porteurs were published in their original language and the texts of the opening and closing speeches, although they were made in the five Congress languages (Dutch, French, English, German and Spanish), were published in English, as the Belgian organisers deemed this to be the most rational solution, even though the Con gress took place in a country where three different languages (Dutch, French and Ger...
Collective and Mass Litigation in Europe
Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.
European Rules of Civil Procedure
European Rules of Civil Procedure sets out a clear examination of the rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the substantial comparative knowledge of its authors.
Judicial Independence
This study discusses the many different aspects of judicial independence in Israel. It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law. Recent decades have witnessed a marked increase in the role played by the judiciary in society. This general trend is apparent in Israel, where the highly significant social role played by the judiciary has been on the increase for some years. The constitutional role of the judiciary in society is more pronounced in countries where the courts are empowered to review the constitutionality of legislative acts. In Israel the power of judicial review, in decisions of the Supreme Court, has been applied in a number of cases in which legislation of the Israeli Parliament, the Knesset, has been set aside. The increasingly prominent role of the judiciary in Israel is further manifested by the frequent recourse to judicial commissions of inquiry, chaired by judges who are often called upon to examine some of the major public controversies.
The Judicial Sector in Latin America and the Caribbean
"Professional analysis of essential elements of judicial reform, as provided in any country-specific review by the World Bank. As political and economic development continue, greater attention needs to be given to judicial reform. Basic elements of judicial reform include: guaranteeing judicial independence through changes in judicial budgeting, judicial appointment, and disciplinary systems; adopting procedural reforms; enhancing public access to justice; incorporating gender issues in the reform process; and redefining/expanding legal education and training"--Handbook of Latin American Studies, v. 57.
Failures of American Civil Justice in International Perspective
Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.
