unification and harmonization of international commercial law interaction or deharmonization

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Unification And Harmonization Of International Commercial Law

Author : Morten M. Fogt
ISBN : 9041132821
Genre : Law
File Size : 79. 33 MB
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In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.

Choice Of Law

Author : Dean Symeon C. Symeonides
ISBN : 9780190496746
Genre : Law
File Size : 29. 85 MB
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Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.

Codification In International Perspective

Author : Wen-Yeu Wang
ISBN : 9783319034553
Genre : Law
File Size : 85. 94 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.

China S Insolvency Law And Interregional Cooperation

Author : Xinyi Gong
ISBN : 9781351690904
Genre : Business & Economics
File Size : 89. 37 MB
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As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China’s inter-regional cross-border insolvency cooperation. These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward. The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.

The Duty To Cooperate In International Sales

Author : Thomas Neumann
ISBN : 9783866539624
Genre : Law
File Size : 67. 51 MB
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Intellectual Property Rights And Plant Genetic Resources

Author : Dan Leskien
ISBN : 9789290433293
Genre : Germplasm resources, Plant
File Size : 46. 11 MB
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Introducing The Oscillations Based Paradigm

Author : Darius Plikynas
ISBN : 9783319390406
Genre : Computers
File Size : 40. 44 MB
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The book presents a conceptually novel oscillations based paradigm, the Oscillation-Based Multi-Agent System (OSIMAS), aimed at the modelling of agents and their systems as coherent, stylized, neurodynamic processes. This paradigm links emerging research domains via coherent neurodynamic oscillation based representations of the individual human mind and society (as a coherent collective mind) states. Thus, this multidisciplinary paradigm delivers an empirical and simulation research framework that provides a new way of modelling the complex dynamics of individual and collective mind states. This book addresses a conceptual problem – the lack of a multidisciplinary, connecting paradigm, which could link fragmented research in the fields of neuroscience, artificial intelligence (AI), multi-agent system (MAS) and the social network domains. The need for a common multidisciplinary research framework essentially arises because these fields share a common object of investigation and simulation, i.e., individual and collective human behavior. Although the fields of research mentioned above all approach this from different perspectives, their common object of investigation unites them. By putting the various pathways of research as they are interrelated into perspective, this book provides a philosophical underpinning, experimental background and modelling tools that the author anticipates will reveal new frontiers in multidisciplinary research. Fundamental investigation of the implicit oscillatory nature of agents’ mind states and social mediums in general can reveal some new ways of understanding the periodic and nonperiodic fluctuations taking place in real life. For example, via agent states-related diffusion properties, we could investigate complex economic phenomena like the spread of stock market crashes, currency crises, speculative oscillations (bubbles and crashes), social unrest, recessionary effects, sovereign defaults, etc. All these effects are closely associated with social fragility, which follows and is affected by cycles such as production, political, business and financial. Thus, the multidisciplinary OSIMAS paradigm can yield new knowledge and research perspectives, allowing for a better understanding of social agents and their social organization principles.

International Sales Law

Author : Larry A. DiMatteo
ISBN : 9781107782808
Genre : Law
File Size : 33. 34 MB
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This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.

Codification In East Asia

Author : Wen-Yeu Wang
ISBN : 9783319034461
Genre : Law
File Size : 48. 92 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.

Excipient Toxicity And Safety

Author : Myra L. Weiner
ISBN : 0824782100
Genre : Medical
File Size : 37. 59 MB
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This book reviews the history, regulatory status, pharmacopeial specifications, and harmonization of pharmaceutical excipients in the United States and Europe, and provides a comprehensive understanding of the current scientific basis for safety evaluation and risk assessment. Examines excipients as a unique class of products and explores new procedures for determining toxicity! A timely and unique addition to the pharmaceutical literature, containing over 570 citations that support and enhance the text, Excipient Toxicity and Safety identifies the differences between excipients (inactive ingredients), food ingredients, and drug products evaluates issues of dose administration, species selection, and study design for various routes of exposure provides detailed information on the historical uses of excipients in drug formulations clarifies the Safety Committee of the International Pharmaceutical Excipients Council's (IPEC) guidelines and technical specifications for conducting tests for each route of exposure explains how data generated in toxicity models are applied to identify hazards in drug formulations details exposure assessment to link hazard identification with risk considers the requirements and importance of purity specifications and much more! Excipient Toxicity and Safety is a blue-ribbon reference ideal for pharmacists; toxicologists; pharmacologists; analytical chemists; quality control, quality assurance, and regulatory compliance managers; and upper-level undergraduate and graduate students in these disciplines.

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