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Transnational Litigation In United States Courts

Author: Harold Hongju Koh
Publisher:
ISBN: 9781587787355
Size: 14.56 MB
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This readable text by a leading international law scholar provides an incisive, analytic guide to transnational litigation in the United States courts, covering complex doctrines in depth, while remaining clear and accessible for students. All major doctrinal areas are addressed, including transnational public and private law litigation, extraterritoriality, foreign sovereign immunity, the Act of State Doctrine, jurisdiction to adjudicate, service of process, forum non conveniens, transnational discovery, and recognition and enforcement of foreign judgments and injunctive decrees.

Reasoning Rights

Author: Liora Lazarus
Publisher: Bloomsbury Publishing
ISBN: 1849468141
Size: 47.67 MB
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This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.

The Politics Of Private Transnational Governance By Contract

Author: A. Claire Cutler
Publisher: Taylor & Francis
ISBN: 1315409569
Size: 67.50 MB
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This edited volume provides critical reflections on the interplay between politics and law in an increasingly transnationalized global political economy. It focuses specifically on the emergence and operation of new forms of governance that are developing through a variety of transnational contractual practices, institutions, and laws in multiple sectors and areas of economic activity. Interdisciplinary in nature, the volume includes contributions from law, political science, sociology, and international politics, with the focus on the political foundations of transnational contract being both original and path-breaking. Placing power at the center of the analysis, the volume reveals the heterogeneous landscape of contemporary law-making and the different kinds of politics giving rise to this form of global ordering. As the contributors note, this new form of governance requires a different type of political theory and legal theory, with the volume advancing understanding of the analytical, theoretical and normative dimensions of private transnational governance by contract, making a valuable contribution to new theory in law and politics. It will be of great interest to students and academics in law, political science, international relations, international political economy and sociology, as well as international commercial arbitration lawyers, trade and investment lawyers, and legal firms.

Socio Economic Rights In Emerging Free Markets

Author: Surya Deva
Publisher: Routledge
ISBN: 1317804694
Size: 59.16 MB
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In the last decade or so, China and India have emerged on the global stage as two powerful free market economies. The tremendous economic growth in China and India has meant that they have been able to lift millions of people out of the poverty trap. This growth has not, however, been without problems. Apart from worrying levels of environmental pollution, a significant number of people are still struggling to live a decent life as they do not have adequate access to basic needs such as food, health services, education, water, and housing. The traditional old age support mechanism is collapsing amidst push for urbanisation and the practice of nuclear families, while the alternative social security system has not been put in place. Both China and India stress the importance of socio-economic rights, have ratified the International Covenant on Economic, Social and Cultural Rights and have in place a strong legal framework for the realisation of such rights. The constitutions of China and India accord significant importance to socio-economic rights and the both countries have numerous laws, regulations and policies that seek to implement various socio-economic rights. This book investigates how the gradual adoption of free market ideology has impacted on the realisation of socio-economic rights in both India and China and how the constitutional and legal frameworks have made necessary adjustments. Chapters in this volume, which are written by academics of international standing, explore how these two countries have tried to overcome certain common governance challenges in realising socio-economic rights. The role played by courts in India and China in the protection and realisation of socio-economic rights is considered along with the use and limitations of public interest litigation in achieving these rights. Finally, the effectiveness of measures in realising socio-economic rights are evaluated in relation to specific rights such as the rights to food, health, education, social security, and gender equality.

Exploring Indian Modernities

Author: Leïla Choukroune
Publisher: Springer
ISBN: 9811075573
Size: 53.41 MB
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This book analyses how multiple and hybrid ‘modernities’ have been shaped in colonial and postcolonial India from the lens of sociology and anthropology, literature, media and cultural studies, law and political economy. It discusses the ideas that shaped these modernities as well as the lived experience and practice of these modernities. The two broad foci in this book are: (a) The dynamism of modern institutions in India, delineating the specific ways in which ideas of modernity have come to define these institutions and how institutional innovations have shaped modernities; and (b) perspectives on everyday practices of modernities and the cultural constituents of being modern. This book provides an enriching read by bringing together original papers from diverse disciplines and from renowned as well as upcoming scholars.

Strategies Of The Eu And The Us In Combating Transnational Organized Crime

Author: Brice Ruyver
Publisher: Maklu
ISBN: 9062158196
Size: 16.19 MB
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From 23 to 26 January 2001 the incoming Belgian Presidency of the European Union organized an international conference on the strategies of the European Union and the United States in combating transnational organized crime. The conference gathered policy-makers, police and judicial authorities and other actors with a view to discussing important problems regarding the fight against organized crime. Apart from focusing on the European dimension of the subject (including Eastern Europe), the conference primarily addressed co-operation with the United States. This book collects, along with a number of plenary reports, texts that have been presented and discussed at the conference during the workshops, dealing with integrity and control on information exchange, cross-border operational activities, international/regional framework to fight organized crime, intelligence gathering in the context of peace-keeping activities, training of law enforcement authorities, integrity/corruption, drug trafficking, trafficking in human beings, money laundering and cyber crime.