abuse of procedural rights comparative standards of procedural fairness

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Abuse Of Procedural Rights Comparative Standards Of Procedural

Author : International Association of Procedural Law
ISBN : 9789041112477
Genre : Law
File Size : 27. 41 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 Impact Of The European Convention On Human Rights On Private International Law

Author : Louwrens R. Kiestra
ISBN : 9789462650329
Genre : Law
File Size : 27. 83 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 : 48. 87 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.

Brussels I Regulation

Author : Ulrich Magnus
ISBN : 9783935808323
Genre : Law
File Size : 85. 49 MB
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This title, part of the new European Commentaries on Private International Law series, is devoted to the Brussels I Regulation, dealing with jurisdiction and recognition of judgments in civil and commercial law matters. Contributors in the series include leading experts from almost all EU member states. The series initiates a new specific European style of commenting on European enactments merging the various, and thus far cross-national, methods of interpretation of legislative acts. Commentaries will pay tribute to the practice of the European Court of Justice and to relevant judgments of national courts as well. Moreover, the needs of practitioners and the requirements of the practice will receive particular attention.

Civil Procedure

Author : A. A. S. Zuckerman
ISBN : STANFORD:36105063637891
Genre : Civil procedure
File Size : 24. 46 MB
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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 : 42. 20 MB
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The Georgia Journal Of International And Comparative Law

Author :
ISBN : OSU:32437123375251
Genre : Comparative law
File Size : 90. 84 MB
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Cornell International Law Journal

Author :
ISBN : UCAL:B5114193
Genre :
File Size : 71. 93 MB
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Revue De Droit Uniforme

Author :
ISBN : STANFORD:36105063850122
Genre : Civil law
File Size : 56. 85 MB
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Current Publications In Legal And Related Fields

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ISBN : STANFORD:36105060757023
Genre : Law
File Size : 88. 57 MB
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