Author: Mathias Reimann
Publisher: West Academic Publishing
Release Date: 2013
This new and creatively conceived casebook introduces the international legal order as it presents itself at the beginning of the twenty-first century. Consistently and effectively blending theory and practice, it is designed to give students the basic knowledge and understanding of transnational law that every modern lawyer should possess. This is an ideal text both for students who will take only one course in international law, and for those seeking a solid foundation for more specialized courses. It is organized around five major themes: actors, interactions among actors, substantive norms, methods of dispute resolution, and domestic effects of transnational law. Students are first shown how classical international law emerged and, most important, how it has evolved into modern transnational law. They are then invited to revisit each of the five core themes in the context of cutting-edge contemporary legal challenges. The casebook's unique approach enables students to gain both the knowledge and confidence they need to approach the increasingly complex range of transactions and disputes that reach beyond national boundaries.
Author: Felix Lange
Release Date: 2017-07-07
Dieses Buch vergewissert sich der Ursprünge der Völkerrechtstradition. Die heutige Debatte über die Rolle des Völkerrechts in den internationalen Beziehungen geht auf die Diskussionen des Kalten Krieges zurück. In Westdeutschland entstand nach 1945 ein völkerrechtlicher Ansatz, der bis heute für seinen Praxisbezug und die Idee einer auf Verfassungsprinzipien beruhenden internationalen Gemeinschaft bekannt ist. Auf Grundlage des Werkes und Nachlasses von Hermann Mosler, der als der bedeutendste Völkerrechtler der Bundesrepublik gilt, wird die Genese der praxisorientierten Gemeinschaftskonzeption im Kontext der politischen Entwicklung Deutschlands während des Kalten Krieges analysiert. Die Anknüpfung an die Weimarer Völkerrechtstradition, Lehren aus der nationalsozialistischen Vergangenheit, die Westintegration unter Konrad Adenauer und Moslers katholischer Universalismus werden dabei als Faktoren hervorgehoben, die einen spezifisch westdeutschen Ansatz im Völkerrecht hervorbrachten.
Author: Ellen S. Podgor
Release Date: 2010-02-02
International Criminal Law provides a set of teaching materials furnishing students with a grounding in the transnational issues likely to arise in federal criminal cases, and also in the law produced as a consequence of international efforts to impose criminal responsibility on the perpetrators of human rights atrocities. International Criminal Law offers, for teaching purposes, a collection of cases (mainly domestic) and other materials, together with notes and questions about those cases and materials. The first part introduces the field of international criminal law, and includes a chapter on the general principles of both domestic and international law governing efforts to apply U.S. criminal law to foreign crimes and foreign criminals. The second part covers the specific application of those principles to cases involving the Foreign Corrupt Practices Act, antitrust and securities regulation, export controls, computer crimes, narcotics and money laundering, piracy and terrorism, and torture. The third part addresses procedural aspects of trying such cases in U.S. courts. This section also treats the extraterritorial application of the U.S. Constitution, immunities from jurisdiction, mutual assistance in criminal cases, extradition, alternatives to extradition, prisoner transfers, recognition of foreign criminal judgments, and the bearing on international human rights instruments on criminal procedure. The final part of International Criminal Law deals with the prosecution of international crimes, and takes up the question of what crimes constitute international crimes. This section also discusses the Nuremberg and Tokyo precedents, the ad hoc tribunals for the former Yugoslavia and for Rwanda, the Rome Statute of the International Criminal Court, and the substantive law of international crimes such as aggression, genocide, crimes against humanity, and war crimes. International Criminal Law is supplemented annually. This eBook features links to Lexis Advance for further legal research options.
Author: Marion G. Crain
Release Date: 2011-04-26
The law of work has evolved as a patchwork of legal interventions in the labor market, sometimes by statute, and sometimes through the common law of judicial decisions. Most law school curricula divide the law of work into three topical areas--Labor Law, Employment Law, and Employment Discrimination--and offer separate courses in each area. Labor law in the United States is understood to encompass the study of the National Labor Relations Act, the law governing union organizing and collective bargaining. It is the law of collective rights at work. Employment law refers to the statutes and common law governing individual rights at work. It ranges from minimum standards legislation to judicially created doctrines based in tort and contract law. Employment discrimination law deals with the statutes and interpretative case law advancing the antidiscrimination norm in the workplace. These statutes address the problem of status discrimination at work (e.g., discrimination on the basis of race, sex, national origin, ethnicity, religion, disability, or sexual orientation). A comprehensive study of the law of work also provides an opportunity to assess critically what form enforcement of rights should take. Should conflicts between employers and employees be channeled into private resolution systems such as collective bargaining or contractual arbitration, or is the public interest sufficient to justify committing administrative, judicial and legislative resources to it? What is the significance of casting employee rights as collective--and therefore entrusting their enforcement to an employee representative such as a union--versus conceptualizing them as individual? Must such a collective representative be independent of the employer, or do employer-initiated employee committees further worker voice just as effectively? Doesn't history also warn of the risks of subordinating individual interests to those of the collective, particularly in the context of a diverse workforce with minority groups characterized by race, ethnicity or gender? Accordingly, the casebook is called " Work Law" and it endeavors to present basic materials on each system of labor market regulation. The book identies core themes of conflict and concern in the workplace, canvass the governing law, and offer a vantage point for assessment. Several themes furnish the organizing structure for the book. The book asks how law should mediate the perennial conflict between employer and employee rights; what difference it makes whether employee rights are conceptualized individually or collectively; what significance the increasing racial, ethnic, and gender diversity of the workforce should have for legal policy; whether dispute resolution systems should be privatized (via collective bargaining or individual contract) or remain in the public fora (courts and legislatures); and whether law is the most effective way to address interests of employers and employees (as contrasted, for example, with human resource practices, employer initiatives, or employee self-help measures). The book will be most useful in Employment Law courses that address the significance of conceptualizing rights at work individually as opposed to collectively. Its strength is its refusal to categorize the law of the workplace in doctrinal boxes that may be out-of-date by the time the book reaches maturity. The book adverts to Labor Law principles at a number of points throughout the book, but at a policy level rather than a doctrinal level, as a way of introducing and evaluating an alternative model of employee representation; the book does not assume any knowledge of Labor Law on the part of teacher or student and makes no effort to provide a satisfactory substitute for a Labor Law text. The book offers some detail in the law of Employment Discrimination but does so primarily with an eye toward surveying the field and assessing antidiscrimination regulation as a response to an increasingly diverse workforce, rather than providing an in-depth study of Employment Discrimination principles. The text surveys the existing legal landscape, but it does not stop there. Work Law is an exciting and intellectually stimulating practice area because it is of necessity in a constant state of flux, responding to labor market innovations. Flexibility in thinking is vital to this area of practice.
Author: Donald Earl Childress III
Publisher: Wolters Kluwer Law & Business
Release Date: 2015-03-12
This unique new casebook emphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today s globalized world regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be international law-centric or international court-centric and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. Key Features Practice-oriented. Focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Covers not only international law and international courts, but also the role of national law, national courts, and alternative dispute resolution in transnational practice. Comparative perspectives throughout. Written by a team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions.
Author: Roy Goode
Publisher: OUP Oxford
Release Date: 2007-06-21
Text, Cases and Materials on Transnational Commercial Law brings together all the necessary materials on this topic in a logical and accessible way. The authors provide students with an extensive discussion on the theoretical issues raised by the law. The text examines the emergence of transnational commercial law, its nature and sources and the method by which harmonization is achieved and some of the key problems involved.
Author: Michael Zander
Publisher: Cambridge University Press
Release Date: 2007-04-19
This title, a companion volume to The Law Making Process, is the definitive collection of cases and materials on the workings of the English legal system. Written by the foremost scholar in the field, it surveys how the law functions from the trial process (from pre-trial proceedings to the funding of trials), the role of the jury, and the legal profession. This edition takes account of all recent major legislative and judicial changes and updates the material on the established areas of the law. The book takes a 'law in context' approach, setting out those factors beyond the legal environment which impact on and inform the changes within it. The collection is required reading for all students seeking a thorough knowledge and in-depth understanding of how the English legal system operates.
Author: Guy S. Goodwin-Gill
Publisher: Cambridge University Press
Release Date: 2010-03-18
State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.
Author: Harold Koh
Publisher: West Academic
Release Date: 2008-08-26
This text by a leading international law scholar provides an incisive, analytic guide to transnational litigation in the U.S. 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.
Author: Andrea Bianchi
Publisher: OUP Oxford
Release Date: 2015-02-26
International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.
Author: Claire M. Germain
Publisher: Hotei Publishing
Release Date: 1991-01
Winner, 1992 Joseph L. Andrews Award. Among lawyers and students faced with questions involving more than one national legal system, "Germain's Transnational Law Research" is the most widely-used legal research guide. Designed for attorneys and other legal and business researchers, this incomparable volume: - covers all questions pertaining to international and foreign law, with a focus on U.S.-EU relations; - saves countless hours of research; - gives quick access to information; - offers clear guidance on which questions to ask, - where to start, and how to proceed; - explains how to analyze a transnational law problem, warning of obstacles and presenting viable strategies and solutions. This volume describes the procedures governing the transfer of sentenced foreign nationals from the United States to serve the remainder of their sentences in their native countries, and of United States nationals sentenced in foreign countries to serve the remainder of their sentences in the United States. It discusses the statutory and treaty framework regulating the transfer of sentenced persons to and from the United States, as well as the case law interpreting those statutes and treaties. Appendices contain United States statutes and regulations, U.S. Department of Justice Manual materials, and all treaties governing the transfer of prisoners to and from the United States. Launched in 1991, and supplemented on a regular basis, this looseleaf collection has been updated to May 2006.