Unification Of Law
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| Author | : Morten Fogt |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 405 |
| Release | : 2012-07-18 |
| Genre | : Law |
| ISBN | : 9041140751 |
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.
| Author | : Daniel Halberstam |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 554 |
| Release | : 2013-11-21 |
| Genre | : Law |
| ISBN | : 9400773986 |
How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam
| Author | : Franco Ferrari |
| Publisher | : BRILL |
| Total Pages | : 464 |
| Release | : 2021-08-16 |
| Genre | : Law |
| ISBN | : 9004502920 |
According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.
| Author | : Katharina Boele-Woelki |
| Publisher | : Intersentia nv |
| Total Pages | : 600 |
| Release | : 2003 |
| Genre | : Domestic relations |
| ISBN | : 9050952879 |
Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
| Author | : Bruno Zeller |
| Publisher | : Routledge |
| Total Pages | : 225 |
| Release | : 2008-03-25 |
| Genre | : Law |
| ISBN | : 1135390541 |
Pushing the boundaries between domestic and unified laws, this book explores the differences between unification and harmonization. Bruno Zeller provides a critical examination of the Convention for the International Sale of Goods (CISG), the advances of international jurisprudence and the role of domestic courts, in order to consider whether unification is merely a myth or a reality. Describing the salient features of unification and harmonization and using the CISG as a vehicle to test unification attempts, this volume touches on controversial points and fosters debates upon efforts to unify laws in discrete areas. It examines the assumption that the creation of a convention introduces a uniform law, which then contributes to the harmonization of international laws. Provocative, this is a must read for postgraduates and researchers studying and working in the fields of comparative and international trade law.
| Author | : Peter E. Quint |
| Publisher | : Princeton University Press |
| Total Pages | : 494 |
| Release | : 2012-09-17 |
| Genre | : History |
| ISBN | : 1400822165 |
In the mid-summer of 1989 the German Democratic Republic-- known as the GDR or East Germany--was an autocratic state led by an entrenched Communist Party. A loyal member of the Warsaw Pact, it was a counterpart of the Federal Republic of Germany (West Germany), which it confronted with a mixture of hostility and grudging accommodation across the divide created by the Cold War. Over the following year and a half, dramatic changes occurred in the political system of East Germany and culminated in the GDR's "accession" to the Federal Republic itself. Yet the end of Germany's division evoked its own new and very bitter constitutional problems. The Imperfect Union discusses these issues and shows that they are at the core of a great event of political, economic, and social history. Part I analyzes the constitutional history of eastern Germany from 1945 through the constitutional changes of 1989-1990 and beyond to the constitutions of the re-created east German states. Part II analyzes the Unification Treaty and the numerous problems arising from it: the fate of expropriated property on unification; the unification of the disparate eastern and western abortion regimes; the transformation of East German institutions, such as the civil service, the universities, and the judiciary; prosecution of former GDR leaders and officials; the "rehabilitation" and compensation of GDR victims; and the issues raised by the fateful legacy of the files of the East German secret police. Part III examines the external aspects of unification.
| Author | : Jürgen Basedow |
| Publisher | : Cambridge University Press |
| Total Pages | : 950 |
| Release | : 2000-09 |
| Genre | : Law |
| ISBN | : 9789067041249 |
Private Law in the International Arena analyzes a wide variety of effects that cross-border activities have on the operation of private law, ranging from corporate and insolvency law to labor law, property law, the law of obligations, family law, European law and lex mercatoria. Civil procedure aspects, in national courts and arbitration proceedings, are also explored. This book provides a unique source of insights into the problems encountered and their possible solutions. All contributions have been written in honor of an eminent Private International Law scholar, Prof. Dr Kurt Siehr.
| Author | : |
| Publisher | : Brill Archive |
| Total Pages | : 216 |
| Release | : 1975 |
| Genre | : Comparative law |
| ISBN | : |
| Author | : Mads Andenas |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 641 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 0857933175 |
Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation. The contributing authors address a variety of different subjects concerned with harmonisation and the application of legal rules resulting from harmonisation efforts. This study is written by leading scholars engaged in different aspects of harmonisation, and covers both regional harmonisation within the EU and regional human rights treaties, as well as harmonisation with international treaty obligations. With comparative analysis that contributes to the development of a more general theory on the harmonisation process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonisation in other regions in Asia, Latin America and Africa.
| Author | : Gian Antonio Benacchio |
| Publisher | : Central European University Press |
| Total Pages | : 331 |
| Release | : 2005-01-01 |
| Genre | : Law |
| ISBN | : 9637326367 |
The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.
