Law Across Borders
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| Author | : MELISSA A.. HALE KUCINSKI (BRUCE. COFFEE, MICHAEL S.) |
| Publisher | : West Academic Publishing |
| Total Pages | : 699 |
| Release | : 2021-07-16 |
| Genre | : |
| ISBN | : 9781647084288 |
This casebook provides a comprehensive, accessible, and up-to-date analysis of family law from comparative and private international law perspectives. It emphasizes the need to examine complex cross-border family situations by comparing legal systems and understanding the jurisdictional overlay, with a particular focus on the United States. The casebook addresses some of the most intimate and legally complicated situations in which cross-border families find themselves, including the validity of foreign marriages, simultaneous divorce proceedings in multiple countries, the changing law in creating families using adoption and assisted reproductive technology, and how to remedy an international parental child abduction. In addition, the book dives into the importance of judicial assistance treaties and laws when understanding the legal issues, including the necessity to have proper service in a foreign country, obtaining evidence overseas, and authenticating foreign public documents. This book is a superb companion for law students and practitioners alike, and can readily be used in a traditional theory-based class and in practicum courses. It provides substantive material for a course on International Family Law, or can supplement a course on Family Law, International Law, or Comparative Law.
| Author | : Paul Arnell |
| Publisher | : Routledge |
| Total Pages | : 205 |
| Release | : 2012-03-15 |
| Genre | : Law |
| ISBN | : 1136575197 |
This book examines the application of UK Criminal and Human Rights Law to people and circumstances outside the United Kingdom. Building upon previous analyses which have focused on a single aspect of extraterritorially, this book examines the fields of Criminal and Human Rights law as the two main areas of non-private law which are frequently applied across borders. Both fields are placed in context before being drawn together in a coherent and systematic way. The book examines recent law and practice, as well as historic developments and explores the concept of enforcement. The author’s analysis includes coverage of topics such as the criminalisation of sex-tourism, the extradition of white-collar criminals and the application of human rights law to Iraq following American and British intervention in the region. Law Across Borders goes on to point the way forward in the development of the extraterritorial application of public law, and suggests ways in which greater coherence can be achieved. This book will be of particular interest to practitioners, academics and scholars of International Law, Human Rights Law and Criminal Law. It is unique in its ambition to offer a comprehensive description and analysis of the extra-territorial application of UK Human Rights Law and Criminal Law in a single text.
| Author | : Charlotte E. Blattner |
| Publisher | : Oxford University Press |
| Total Pages | : 521 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 0190948310 |
based on author's thesis (doctoral - Universitèat Basel, 2016) issued under title: The extraterritorial protection of animals: admissibility and possibilities of the application of national animal welfare standards to animals in foreign countries.
| Author | : Tommaso Natoli |
| Publisher | : Springer Nature |
| Total Pages | : 266 |
| Release | : 2019-09-12 |
| Genre | : Law |
| ISBN | : 3030209296 |
This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.
| Author | : Rebecca Schmidt |
| Publisher | : Cambridge University Press |
| Total Pages | : 259 |
| Release | : 2018-12-06 |
| Genre | : Law |
| ISBN | : 1108635032 |
This book deals with a key feature of globalization: the rise of regulation beyond the state. It examines the emergence of transnational regulatory cooperation between public and private actors and pursues an inquiry that is at once legal, empirical and theoretical. It asks why a private actor and an international organization would regulate cooperatively and what this tells us about the material meaning of concepts such as 'expertise', 'authority' and 'legitimacy' in specific domains of global governance. Additionally, the book addresses the structures and patterns in which cooperation evolves and how this affects the broader global order. It does so through an investigation of two public-private cooperative agreements: one between the International Standards Organization, the Organisation for Economic Co-operation and Development, the Global Compact and the International Labor Organization and one between the International Olympic Committee and the United Nations Environment Programme.
| Author | : Maine State Bar Association. Continuing Legal Education |
| Publisher | : |
| Total Pages | : |
| Release | : 2009 |
| Genre | : Criminal law |
| ISBN | : |
| Author | : Emily Whewell |
| Publisher | : Manchester University Press |
| Total Pages | : 291 |
| Release | : 2019-12-20 |
| Genre | : History |
| ISBN | : 1526140047 |
This book is the story of British consuls at the edge of the British and Chinese empires. By embracing local norms and adapting to transfrontier migration, consuls created forms of transfrontier legal authority.
| Author | : |
| Publisher | : Aspatore Books |
| Total Pages | : 0 |
| Release | : 2012 |
| Genre | : Conflict of laws |
| ISBN | : 9780314286352 |
International Family Law provides an authoritative, insider's perspective on the latest developments and trends affecting family law in foreign countries. Written by leading family law attorneys, this book guides the reader through important issues such as custody and support. From citizenship and immigration laws across the globe to the Hague Convention on the Civil Aspects of International Child Abduction, these experienced attorneys examine legislation affecting marriage and divorce in an international setting. These experts also discuss asset division, pre- and postnuptial agreements, and the various cultural differences and barriers that can affect family law outside of the United States. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-changing field.
| Author | : Saskia Hufnagel |
| Publisher | : Taylor & Francis |
| Total Pages | : 300 |
| Release | : 2012-04-27 |
| Genre | : Law |
| ISBN | : 1136697276 |
This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered. The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism. The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.
| Author | : Jeffrey Davis |
| Publisher | : Cambridge University Press |
| Total Pages | : 298 |
| Release | : 2008-06-02 |
| Genre | : Political Science |
| ISBN | : 1139472453 |
This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.
