Law Without Frontiers:A Comparative Survey of the Rules of Professional Ethics Applicable to the Cross-Border Practice of Law

Law Without Frontiers:A Comparative Survey of the Rules of Professional Ethics Applicable to the Cross-Border Practice of Law
Author: Edwin Godfrey
Publisher: Springer
Total Pages: 408
Release: 1995-04-18
Genre: Business & Economics
ISBN:

This book is a comparative study which covers a number of major jurisdictions, viz., Australia, Belgium, Canada, England and Wales, France, Germany, Italy, Japan, Spain, Sweden, The Netherlands and the USA. A separate chapter deals with developments in the context of the European Union. The study is based on a questionnaire of the IBA Section on Business Law Subcommittee on the Structure and Ethics of Business Law. Part one of each country report covers the basic rules applying to the domestic legal profession, such as the method of qualifying as a lawyer, the extent to which legal services are reserved to lawyers, and the ethical rules which apply to matters such as advertising, fees, correspondence, etc. The second part sets out what rules the jurisdiction in question imposes on its own lawyers when they are involved outside the jurisdiction. The third part deals with the rules which apply to a foreign lawyer practising within the jurisdiction. The last part deals with the various kinds of international associations to which lawyers may be party, such as alliances, office-sharing and multi-national and multi-disciplinary partnerships. In a final chapter the editor draws some conclusions on the current situation and on where international practice is heading. A number of useful appendices have been added, which set out the most important texts including the IBA International Code of Ethics.

Global Legal Pluralism

Global Legal Pluralism
Author: Paul Schiff Berman
Publisher: Cambridge University Press
Total Pages: 357
Release: 2012-02-27
Genre: Law
ISBN: 1107376912

We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

Borders: A Very Short Introduction

Borders: A Very Short Introduction
Author: Alexander C. Diener
Publisher: Oxford University Press
Total Pages: 152
Release: 2012-08-06
Genre: History
ISBN: 0199912653

Compelling and accessible, this Very Short Introduction challenges the perception of borders as passive lines on a map, revealing them instead to be integral forces in the economic, social, political, and environmental processes that shape our lives. Highlighting the historical development and continued relevance of borders, Alexander Diener and Joshua Hagen offer a powerful counterpoint to the idea of an imminent borderless world, underscoring the impact borders have on a range of issues, such as economic development, inter- and intra-state conflict, global terrorism, migration, nationalism, international law, environmental sustainability, and natural resource management. Diener and Hagen demonstrate how and why borders have been, are currently, and will undoubtedly remain hot topics across the social sciences and in the global headlines for years to come. This compact volume will appeal to a broad, interdisciplinary audience of scholars and students, including geographers, political scientists, anthropologists, sociologists, historians, international relations and law experts, as well as lay readers interested in understanding current events.

Rights, Liability and Ethics in International Legal Practice

Rights, Liability and Ethics in International Legal Practice
Author: Mary C. Daly
Publisher: Springer
Total Pages: 456
Release: 1995-06-21
Genre: Business & Economics
ISBN:

The legal profession has played a key role in enabling business to move goods and services across borders, but the regulation of the legal profession has not kept pace with the changes that have occurred in communications, transportation and technology. Lawyers who regularly counsel clients on transactions and litigation having an international dimension frequently find themselves without clear guidance on their ethical responsibilities. The extent and scope of their potential liability to clients is similarly uncertain. This work is the first major study by transnational lawyers and academics of ethical and practice-related problems and challenges arising from the provision of cross-border legal services. it discusses such topics as conflicts of interest from the perspective of the US, English, French and Dutch legal systems, And The rights of foreign lawyers to practice in Belgium, France, Great Britain, Germany, Japan And The US. Particular attention is paid To The Code of Conduct for Lawyers in the European Community And The Draft Directive on the Right to Establishment for Lawyers in the European Community. Audience: Practitioners and academics will find the work an invaluable resource. For practitioners, The chapters are sensitive to real-life dilemmas that are regularly encountered. For academics, there is a comparative approach and analysis that is both intellectually rich and provocative.

Borders, Legal Spaces and Territories in Contemporary International Law

Borders, Legal Spaces and Territories in Contemporary International Law
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.

Experiencing International Arbitration

Experiencing International Arbitration
Author: MICHAEL D.. SOURGENS NOLAN (FREDERIC G.)
Publisher: West Academic Publishing
Total Pages: 816
Release: 2020-07-10
Genre:
ISBN: 9781684674749

The book is the first of its kind in seeking to make students "practice ready" for representing parties in international arbitrations. It covers the full scope of the role of arbitration counsel in advising clients, from drafting arbitration clauses to representing clients in arbitrations to prosecuting and defending court actions at the enforcement stage. Throughout the book, the authors make students come alive to the ethical problems faced by arbitration practitioners on a day-to-day basis, with the objective of preparing them for the choices arbitration lawyers actually have to make. The book provides a distinctive way to teach central transferable skills that are vital for the success of any junior practitioner. It provides opportunities to practice client counseling, clause drafting to achieve client goals, and the composing of advice of how to respond to proposed contract language received during negotiations. It further provides opportunities to engage in drafting of documents that are less frequently included in the law school curriculum but are vital to the practice of law. These documents include requests for the production of documents, requests for the production of electronic documents, motions requesting emergency relief (temporary restraining orders), as well as dispositive motions and affidavits. The book therefore assists law schools in making available alternative ways in which to achieve basic institutional learning outcomes. The book is one of the first to teach students how to engage in a global practice of law through simulations inspired by real life disputes. The global practice of law involves challenges that exceed those encountered in the domestic setting. Questions of legal culture, applicable law, and client expectations differ markedly in global practice. This book is one of the first to provide students with a practical means to deal with such challenges. It is thus particularly well suited for use in classes with an LLM contingent as the simulation scenarios permit LLM students to bring in their home country experiences fully into simulation exercises. By teaching these transferable skills, the book provides an engaging way to introduce students to the skills they will need to perform well on the Multistate Performance Test as part of their bar examination. The Multistate Performance Tests asks students to draft a specific piece of work product based on a closed packet of materials. The chapters are set up in such a way that students will be exposed to that way of encountering new kinds of work product and dealing with such work product on the basis of a closed packet of materials. This experience thus also has significant bar study benefits. In order to achieve these benefits, the book uses a simulations approach. To prepare students for the problems faced by arbitration counsel, the book introduces them to different simulations that present real-world practice problems. Though many of these problems are discrete, certain simulations are referred to multiple times to show students that procedural choices made in the beginning of an arbitration have significant implications for later stages of proceedings. This flexible use of the simulation method introduces students to the need to address some discrete problems for clients while also alerting them to the fact that client advice can have a long half-life. The authors are seasoned arbitration practitioners and academics. The authors have in fact handled numerous arbitrations together and have tried to make available their best practices in this book. Michael Nolan is a partner in the Washington, DC office of Milbank LLP. He has served as counsel in more than a hundred disputes. He serves as an arbitrator in a wide range of cases and is a member of the International Advisory Committee of the American Arbitration Association. Michael Nolan also teaches as an Adjunct Professor of Law at Georgetown Law Center. Frédéric G. Sourgens is a Professor of Law at Washburn University School of Law. He is the author of more than 60 publications, including approximately a dozen books on arbitration or arbitration-related subjects. His work has been cited as authority by numerous arbitral tribunals and counsel. Frédéric Sourgens also remains active in arbitrations in a number of different capacities. Though flexible in how it can be used, the book is specially designed for use in arbitration skills classes. It further can support arbitration clinic students in learning the basics of arbitration and can further support arbitration seminars looking to take a more detailed look at the inner working of one of the most controversial areas of law judging by the constant stream of U.S. Supreme Court cases on the subject matter.

Cross-Border Copyright Licensing

Cross-Border Copyright Licensing
Author: Carlo Scollo Lavizzari
Publisher: Edward Elgar Publishing
Total Pages: 454
Release: 2018
Genre: Law
ISBN: 1784718513

Copyright Licensing can no longer be considered purely from the perspective of the licensor’s home territory. This practical and wide-ranging reference work provides comprehensive coverage of the law and practice of cross-border licensing in a number of major territories, including China, the EU, India, Mexico, Russia, Singapore, South Africa, and the USA. The book, written by expert authors with insight from practice and from their home jurisdictions, focuses on both copyright licensing and competition law and, specifically, the inter-relation between these legal fields. The book is uniquely structured to provide both thematic coverage and detailed analysis of each territory’s applicable laws and regulations, highlighting and addressing the legal issues that are most critical in and relevant to licensing practice. Cross-Border Copyright Licensing is an essential starting point for anyone considering or advising on the implementation or enforcement of a copyright licensing program, in either developed and emerging markets.

Plea Bargaining Across Borders

Plea Bargaining Across Borders
Author: Jenia I. Turner
Publisher:
Total Pages: 324
Release: 2009
Genre: Law
ISBN:

Traditions of plea bargaining : the United States -- Informal bargaining : Germany -- Introducing plea bargaining as part of comprehensive legal reform : Russia and Bulgaria -- Alternatives to plea bargaining : China and Japan -- Plea bargaining at international criminal courts