abuse of procedural rights comparative standards of procedural fairness

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Abuse Of Procedural Rights Comparative Standards Of Procedural

Author : Michele Taruffo
ISBN : 9789041112477
Genre : Law
File Size : 72. 9 MB
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In a very meaningful way, the health of a judicial system may be judged by the care with which its procedural rights are observed. Now, in a book that takes stock of this important element as it is currently used or abused in a number of the world's legal systems, eighteen outstanding scholars approach the subject through an analysis of the following factors: the theoretical and moral implications of procedural abuses the subjects who commit them the typologies of abusive practices the consequences of abusive practices Several authors report on practices in their own countries, revealing distinct evidence of a significant degree of lowered procedural standards in the United States, several European countries, Australia, Japan, and Latin America. General and final reports provide a comparative framework for an analytical study that will repay the study of anyone concerned with the fairness of our legal institutions.

The European Account Preservation Order Regulation

Author : Gilles Cuniberti
ISBN : 9781316879856
Genre : Law
File Size : 65. 15 MB
Format : PDF
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The European Account Preservation Order (EAPO) Regulation provides a protective measure for creditors wishing to freeze the bank account of their debtor, preventing the transferral or withdrawal of funds. Courts can issue freezing measures over bank accounts located in other member states, thereby establishing a new remedy for cross-border debt recovery in Europe. This book provides a detailed article-by-article commentary of the EAPO Regulation. It describes its legislative history and structure and carries out a critical analysis of its provisions and recitals, focusing on the practical implementation of the instrument. The commentary also provides additional focus on the interplay between the EAPO Regulation and the existing EU instruments and framework, and examines specific issues that the implementation of the Regulation might raise in member states. This is an important resource tool for practitioners, legal scholars and students interested in the theoretical and practical implications of the EAPO Regulation.

The Impact Of The European Convention On Human Rights On Private International Law

Author : Louwrens Rienk Kiestra
ISBN : 9789462650329
Genre : Law
File Size : 55. 91 MB
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In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.

Cost And Fee Allocation In Civil Procedure

Author : Mathias Reimann
ISBN : 940072263X
Genre : Law
File Size : 35. 19 MB
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The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.

Truth Commissions And Procedural Fairness

Author : Mark Freeman
ISBN : 052161564X
Genre : Law
File Size : 74. 40 MB
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This book examines notions of procedural fairness applicable to truth commissions.

Maintenance In Medieval England

Author : Jonathan Rose
ISBN : 9781108210232
Genre : History
File Size : 70. 56 MB
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This is the first book covering those who abused and misused the legal system in medieval England and the initial attempts of the Anglo-American legal system to deal with these forms of legal corruption. Maintenance, in the sense of intermeddling in another person's litigation, was a source of repeated complaint in medieval England. This book reveals for the first time what actually transpired in the resultant litigation. Extensive study of the primary sources shows that the statutes prohibiting maintenance did not achieve their objectives because legal proceedings were rarely brought against those targeted by the statutes: the great and the powerful. Illegal maintenance was less extensive than frequently asserted because medieval judges recognized a number of valid justifications for intermeddling in litigation. Further, the book casts doubt on the effectiveness of the statutory regulation of livery. This is a treasure trove for legal historians, literature scholars, lawyers, and academic libraries.

Brussels I Regulation

Author : Ulrich Magnus
ISBN : 9783866537040
Genre : Law
File Size : 72. 68 MB
Format : PDF, ePub
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This commentary is the first full scale article-by-article commentary in English ever to address the Brussels I Regulation. It is truly European in nature and style. It provides thorough and succinct indepth analysis of every single article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law. The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Its imminence could be easily ascertained by every practitioner even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners – the Brussels I Regulation is a well-known and renowned instrument. A true first: - The first truly European commentary on the Brussels I Regulation, the fundamental Act for jurisdiction, recognition and enforcement throughout Europe - The first commentary on the Brussels I Regulation written by a team from all over Europe - The first article-by-article commentary on the Brussels I Regulation in English

Civil Procedure

Author : A. A. S. Zuckerman
ISBN : STANFORD:36105063637891
Genre : Civil procedure
File Size : 35. 82 MB
Format : PDF, Kindle
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This is detailed and consistent account of the whole CPR system, dealing with how the overriding objective and other principles underlying civil procedure are applied and how judicial discretion and case management powers are exercised. Complementing the Green Book and other leading civil procedure titles, it analyses reported and unreported case law drawing out the principles to the applied, advising on areas where clear precedent has not yet been established or where the authority is open to question. It applies principles and human rights considerations to guide practitioners on how judges are, or should be exercising their powers and provides arguments to use before them. Endorsed by Lord Woolf, this text is designed for efficient task-oriented access to key information.

Directory Of Published Proceedings

Author :
ISBN : UOM:39015076219529
Genre : Social sciences
File Size : 28. 59 MB
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Cornell International Law Journal

Author :
ISBN : UCAL:B5114193
Genre :
File Size : 80. 56 MB
Format : PDF
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