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Making Foreign People Pay
  • Language: en
  • Pages: 265

Making Foreign People Pay

  • Type: Book
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  • Published: 2019-05-29
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  • Publisher: Routledge

First published in 1999, Making Foreign People Pay deals with the recovery of monetary claims in cross-border legal relations and contains the results of a comparative empirical research of debt recovery procedures of three countries with different socio-legal environments, Germany, England and Turkey. In order to analyse judicial debt recovery of cross-border claims, court statistics and files have been evaluated. The data show an infrequent use of the courts in all three countries. It seems that legal efforts aiming at facilitating international procedures have not been successful. But court procedures for the recovery of monetary claims are now to a large extent interchangeable with what may be called ‘privatised methods of debt collection’, including modern financial services such as factoring, forfaiting and commercial debt collection. Empirical evidence shows that such privatization of debt collection is a strong trend in cross-border debt collection. The book is an empirical contribution to the ongoing discussion of globalization processes and describes an important field of the globalization of law.

Courts, Justice, and Efficiency
  • Language: en
  • Pages: 280

Courts, Justice, and Efficiency

  • Categories: Law

This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies a...

The Changing Role of Law in Japan
  • Language: en
  • Pages: 297

The Changing Role of Law in Japan

  • Categories: Law

How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti

Bankrupt
  • Language: en
  • Pages: 537

Bankrupt

The Asian Financial Crisis dramatically illustrated the vulnerability of financial markets in emerging, transitional, and advanced economies. In response, international organizations insisted that legal reforms could help protect markets from financial breakdowns. Sitting at the nexus between the legal system and the market, corporate bankruptcy law ensures that the casualties of capitalism are treated in an orderly way. Halliday and Carruthers show how global actors—including the IMF, World Bank, UN, and international professional associations—developed comprehensive norms for corporate bankruptcy laws and how national policymakers responded in turn. Drawing on extensive fieldwork in China, Indonesia and Korea, the authors reveal how national policymakers contested and negotiated domestic laws in the context of global pressures. The first study of its kind, this book offers a theory of legal change to explain why global/local tensions produce implementation gaps. Through its analysis of globalization, this book has lessons for international organizations and developing and transition economies the world over.

Rough Consensus and Running Code
  • Language: en
  • Pages: 334

Rough Consensus and Running Code

  • Categories: Law

Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation....

Capitalisms and Capitalism in the Twenty-First Century
  • Language: en
  • Pages: 400

Capitalisms and Capitalism in the Twenty-First Century

This interdisciplinary book examines comparative business systems, institutions, and practices by looking at current developments between firms, nations, and markets in an increasingly globalized world and in the context of the recent financial crises.

The Oxford Handbook of Transnational Law
  • Language: en
  • Pages: 1246

The Oxford Handbook of Transnational Law

  • Categories: Law

The Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these development...

The Global South and Comparative Constitutional Law
  • Language: en
  • Pages: 321

The Global South and Comparative Constitutional Law

  • Categories: Law
  • Type: Book
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  • Published: 2020
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  • Publisher: Unknown

Comparative constitutional law has a long and distinguished history in intellectual thought and in the construction of public law. As political actors and the people who create or modify their constitutional orders, they often wish to learn from the experience and learning of others. This cross-fertilization and mutual interaction have only accelerated with the onset of globalization, which has transformed the world into an interconnected web that facilitates dialogue and linkages across international and regional structures. Oxford Comparative Constitutionalism seeks to publish scholarship of the highest quality in constitutional law that deepens our knowledge of local, national, regional, and global phenomena through the lens of comparative public law. Book jacket.

Drafting International Contracts
  • Language: en
  • Pages: 675

Drafting International Contracts

  • Type: Book
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  • Published: 2006
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  • Publisher: BRILL

"Drafting International Contracts" is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.

European Regulation of Medical Devices and Pharmaceuticals
  • Language: en
  • Pages: 190

European Regulation of Medical Devices and Pharmaceuticals

  • Categories: Law

One of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both the international and regional level are directly applicable to national legal systems. Also, norm crea...