Judicial Recourse To Foreign Law

Author : Basil Markesinis
Publisher : Routledge
ISBN 13 : 1135848033
Total Pages : 442 pages
Book Rating : 4.33/5 ( download)

DOWNLOAD NOW!

Download or read book Judicial Recourse to Foreign Law written by Basil Markesinis and published by Routledge. This book was released on 2012-12-06 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accessible and clearly structured, this is the first book to include examinations of public and private law in the discussion about access to foreign laws. With commentaries by an international collection of leading judges in the field, it looks at the practice in a range of countries spread across the globe. In jurisprudence an exchange of ideas is essential, as there is no monopoly of wisdom. Legal convergence is particularly beneficial to both public law, as constitution building is done in so many parts of the world, and to commercial law, where enhanced communication, trade and information mean that people have to work more closely together. This book: examines the theme of judicial mentality and how it helps or hinders recourse to foreign ideas raises and addresses the dangers that accompany comparative law and judicial creativity looks at the practice in America, Canada, England, France, Germany, Italy, Israel, South Africa and at the European Court of Justice. Ideal for practitioners and academics, it is an essential read for those working in or studying jurisprudence at undergraduate or postgraduate level.

Author : Jeremy Waldron
Publisher : Yale University Press
ISBN 13 : 0300148666
Total Pages : 371 pages
Book Rating : 4.64/5 ( download)

DOWNLOAD NOW!

Download or read book "Partly Laws Common to All Mankind" written by Jeremy Waldron and published by Yale University Press. This book was released on 2012-05-29 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.

Author : Giuseppe Franco Ferrari
Publisher : BRILL
ISBN 13 : 9004297596
Total Pages : 915 pages
Book Rating : 4.93/5 ( download)

DOWNLOAD NOW!

Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.

Author :
Publisher :
ISBN 13 :
Total Pages : 45 pages
Book Rating : 4.98/5 ( download)

DOWNLOAD NOW!

Download or read book The Application of Foreign Law written by and published by . This book was released on 1972 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : John Gaines Hervey
Publisher :
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.12/5 ( download)

DOWNLOAD NOW!

Download or read book The Legal Effects of Recognition in International Law written by John Gaines Hervey and published by . This book was released on 1928 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : John G. Hervey
Publisher : University of Pennsylvania Press
ISBN 13 : 1512802565
Total Pages : 188 pages
Book Rating : 4.66/5 ( download)

DOWNLOAD NOW!

Download or read book The Legal Effects of Recognition in International Law written by John G. Hervey and published by University of Pennsylvania Press. This book was released on 2016-11-11 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court procedure where political departments have failed to act, based on an analysis of more than two hundred of the leading American and English decisions over a period of one hundred and fifty years.

Author : Maria Armoudian
Publisher : University of Michigan Press
ISBN 13 : 0472038850
Total Pages : 263 pages
Book Rating : 4.55/5 ( download)

DOWNLOAD NOW!

Download or read book Lawyers Beyond Borders written by Maria Armoudian and published by University of Michigan Press. This book was released on 2021-09-07 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.

Author : Hersch Lauterpacht
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584770902
Total Pages : 496 pages
Book Rating : 4.09/5 ( download)

DOWNLOAD NOW!

Download or read book The Function of Law in the International Community written by Hersch Lauterpacht and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lauterpacht, H[ersch]. The Function of Law in the International Community. Oxford: Clarendon Press, 1933. xxvi, 470 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 00-022124. ISBN 1-58477-090-2. Hardcover. * Lauterpacht disputes the widely held viewpoint in the international community that international law has inherent limitations and is incapable of unification, and presents his treatise in a well-researched technical format. "While on the surface Dr. Lauterpacht's study is an analysis of the judicial process, it embraces practically the whole philosophy of international law. However, it is less the scope than the manner of handling the subject which makes this book one of the most outstanding contributions to the science of international law." Francis Deak, Columbia Law Review 34:797. Marke, A Catalogue of the Law Collection at New York University 637.

Author : Charles Pergler
Publisher :
ISBN 13 :
Total Pages : 244 pages
Book Rating : 4.73/5 ( download)

DOWNLOAD NOW!

Download or read book Judicial Interpretation of International Law in the United States written by Charles Pergler and published by . This book was released on 1928 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Shabtai Rosenne
Publisher : BRILL
ISBN 13 : 9047421469
Total Pages : 224 pages
Book Rating : 4.67/5 ( download)

DOWNLOAD NOW!

Download or read book Interpretation, Revision and Other Recourse from International Judgments and Awards written by Shabtai Rosenne and published by BRILL. This book was released on 2007-08-30 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there had been a few cases of the interpretation of judgments of the Permanent Court of International Justice and the International Court of Justice, it was not until the mid-1980s that serious judicial discussion of the related problems of the interpretation and revision by the International Court of one of its own judgments came before the Court. Similar cases have also arisen in international arbitration proceedings between States. Interpretation, revision, and other forms of ‘reference’ to the International Court from some other international body, court or arbitral tribunal have produced a complex pattern of black letter texts supplemented by an even more complex set of judge made rules and practices. The close tie between the final decision and the highly political context of the obligation to comply with it produces a continuing tension between the finality of the decision and any one of the possible references in recourse from it. If any tendency can be discerned from the relevant materials it is in the strong preference for maintaining the integrity and the authority of the res judicata, provided that no obvious miscarriage of justice is engendered. Interpretation is preferable to revision. This book is the first in the series International Litigation in Practice. The series will consist of short, concise, practical booklets to be of use for practitioners pleading before international courts and tribunals, and everyone else involved and / or interested in the activities of these courts.