CODIFICATION IN INTERNATIONAL PERSPECTIVE SELECTED PAPERS FROM THE 2ND IACL THEMATIC CONFERENCE 1 IUS COMPARATUM GLOBAL STUDIES IN COMPARATIVE LAW

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Codification In International Perspective

Author : Wen-Yeu Wang
ISBN : 9783319034553
Genre : Law
File Size : 38.36 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.
Category: Law

Codification In East Asia

Author : Wen-Yeu Wang
ISBN : 9783319034461
Genre : Law
File Size : 22.58 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.
Category: Law

Geography Institutions And Regional Economic Performance

Author : Riccardo Crescenzi
ISBN : 9783642333958
Genre : Business & Economics
File Size : 69.80 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.
Category: Business & Economics

Intellectual Property And Private International Law

Author : Toshiyuki Kono
ISBN : 9781847319692
Genre : Law
File Size : 43.28 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.
Category: Law

Recognition And Enforcement Of Foreign Arbitral Awards

Author : George A. Bermann
ISBN : 9783319509150
Genre : Law
File Size : 85.67 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.”
Category: Law

Cartesian Theodicy

Author : Z. Janowski
ISBN : 9789401091442
Genre : Philosophy
File Size : 42.91 MB
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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.
Category: Philosophy

Cold Adapted Organisms

Author : Rosa Margesin
ISBN : 9783662062852
Genre : Science
File Size : 74.87 MB
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Representing the latest knowledge of the ecology and the physiology of cold-adapted microorganisms, plants and animals, this book 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.
Category: Science

Comparative Law Facing The 21st Century

Author : John William Bridge
ISBN : STANFORD:36105060303638
Genre : Law
File Size : 46.64 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.
Category: Law

International Law As The Law Of Collectives

Author : Dr John R Morss
ISBN : 9781472400796
Genre : Law
File Size : 86.55 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.
Category: Law

Fair Trial And Judicial Independence

Author : Attila Badó
ISBN : 9783319012162
Genre : Law
File Size : 27.72 MB
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This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.​
Category: Law