Enforcement and Enforceability

Enforcement and Enforceability
Author :
Publisher :
Total Pages : 0
Release :
ISBN-10 : 9400000731
ISBN-13 : 9789400000735
Rating : 4/5 (31 Downloads)

Synopsis Enforcement and Enforceability by : C. H. van Rhee

This book supplies a number of perspectives on the development of enforcement of court judgments and other enforceable documents in Europe. The articles are written by experts from legal academia and professionals involved in enforcement practice. New trends are highlighted.

The Law Market

The Law Market
Author :
Publisher : Oxford University Press
Total Pages : 289
Release :
ISBN-10 : 9780199718481
ISBN-13 : 0199718482
Rating : 4/5 (81 Downloads)

Synopsis The Law Market by : Erin A. O'Hara

Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.

The Spirit of the Coalition

The Spirit of the Coalition
Author :
Publisher :
Total Pages : 276
Release :
ISBN-10 : UOM:49015003463586
ISBN-13 :
Rating : 4/5 (86 Downloads)

Synopsis The Spirit of the Coalition by : William R. Berkowitz

Coalitions are powerful tools that can raise community participation and increase community trust as part of community-based public health. Within public health, there is a wide range of practitioners involved in coalition building on such important topics as teen pregnancy, AIDS, hunger/nutrition, immunization, tobacco control, substance abuse, violence prevention, and more. This new book gives public health practitioners and others the "nitty-gritty" details of what makes coalitions work. These first-hand accounts, told by public health practitioners, show through vivid stories and examples and through practical lessons and illustrative documents, how coalitions can be built and sustained and bring measurable and lasting results. Actual samples of materials coalitions have used, such as planning documents, membership brochures and publicity flyers, are provided.

Orders Without Borders

Orders Without Borders
Author :
Publisher : World Bank Publications
Total Pages : 203
Release :
ISBN-10 : 9781464818301
ISBN-13 : 1464818304
Rating : 4/5 (01 Downloads)

Synopsis Orders Without Borders by : Stefano Betti

This book offers an in-depth analysis of the concept of the direct enforcement of foreign restraint and confiscation orders, a crucial step in the process of asset recovery, including existing legal approaches and related challenges. In order to provide a balanced and informed overview, 31 jurisdictions, representing different United Nations regional groups and legal systems (civil law / common law / mixed systems), were selected as the focus of the analysis. This approach provides a meaningful picture of the situation worldwide from which generally applicable guidance could be drawn. The study suggests a series of practical steps and good practices for consideration by (1) countries exploring the possibility of introducing a direct enforcement mechanism into their domestic legal frameworks and (2) countries that are already in a position to directly enforce foreign confi scation orders but that are considering options to streamline processes and maximize results obtainable via direct enforcement approaches. This new StAR Initiative knowledge product is addressed to a broad range of law enforcement, justice, and asset recovery practitioners, as well as bodies involved in legislative and regulatory processes. It will be a useful tool in their work.

International Law in Domestic Courts

International Law in Domestic Courts
Author :
Publisher :
Total Pages : 769
Release :
ISBN-10 : 9780198739746
ISBN-13 : 0198739745
Rating : 4/5 (46 Downloads)

Synopsis International Law in Domestic Courts by : André Nollkaemper

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

The Wagstaffe Group Practice Guide

The Wagstaffe Group Practice Guide
Author :
Publisher :
Total Pages :
Release :
ISBN-10 : 1522115927
ISBN-13 : 9781522115922
Rating : 4/5 (27 Downloads)

Synopsis The Wagstaffe Group Practice Guide by : James M. Wagstaffe

Central Authority Practice

Central Authority Practice
Author :
Publisher :
Total Pages : 180
Release :
ISBN-10 : 0853088934
ISBN-13 : 9780853088936
Rating : 4/5 (34 Downloads)

Synopsis Central Authority Practice by :

Enforcing Obligations Erga Omnes in International Law

Enforcing Obligations Erga Omnes in International Law
Author :
Publisher : Cambridge University Press
Total Pages : 397
Release :
ISBN-10 : 9781139448802
ISBN-13 : 1139448803
Rating : 4/5 (02 Downloads)

Synopsis Enforcing Obligations Erga Omnes in International Law by : Christian J. Tams

The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.

Remedies Concerning Enforcement of Foreign Judgements

Remedies Concerning Enforcement of Foreign Judgements
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 387
Release :
ISBN-10 : 9789041194176
ISBN-13 : 9041194177
Rating : 4/5 (76 Downloads)

Synopsis Remedies Concerning Enforcement of Foreign Judgements by : Vesna Rijavec

Brussels I Recast (Regulation No 1215/2012 on the recognition and enforcement of judgments in civil and commercial matters) is intended to simplify and expedite cross-border enforcement of debts. However, some existing issues remain unresolved, and new ones have already been identi?ed since the Regulation entered into force in 2015. This collection of expert essays, the ?rst book to focus systematically and comprehensively on the area of remedies in the light of Brussels I Recast, offers detailed analyses of inherent problems and includes practical hypothetical cases illustrating major issues and how they may be resolved. The aspects covered by the contributors – all well-known academics, lawyers, and judges from different EU Member States – include the following: – grounds for refusal of recognition and enforcement; – certi?cation of enforceability and timely service of the certi?cate; – adaptation of enforcement measures that are determined in the judgment but are not known in the Member State of enforcement; – effect of requesting a translation of the judgment; – ?nancial implications of remedies; and – provisional measures and their role in a timely protection of rights. Because the success of Brussels I Recast depends on a very unpredictable implementation into national systems, the extent to which national barriers represent obstacles to fair and ef?cient judicial protection is thoroughly examined. A very useful concluding chapter presents practical cases highlighting the most important, as well as problematic, issues concerning enforcement of foreign judgments. The in-depth analyses conducted by the contributors clearly de?ne serious obstacles and propose solutions that will lead to better implementation of Brussels I Recast, better protection of party's rights, and further harmonisation in this ?eld of civil justice. This book is sure to be of exceptional value to counsel for multinational enterprises, EU and Member State legislators, enforcement agencies, and academics worldwide.

American Conflicts Law

American Conflicts Law
Author :
Publisher :
Total Pages : 0
Release :
ISBN-10 : 1571052143
ISBN-13 : 9781571052148
Rating : 4/5 (43 Downloads)

Synopsis American Conflicts Law by : Luther L. McDougal

No less than in other jurisdictions worldwide, conflicts law in the US continues to undergo a major transformation. Accordingly, this fully updated new edition of the classic treatise and commentary on American conflicts law should be welcomed, not only in law schools, but also by all legal professionals practising before US Courts.