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The Oxford Handbook of Comparative Law. 2nd ed.
Mathias Reimann (Editor), Reinhard Zimmermann (Editor),Huquqshunoslik, -
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The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement
Mary Ellen O'Connell,Huquqshunoslik, -
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Huquqshunoslik, -
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Huquqshunoslik,
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International Commercial Arbitration. Second Edition. Volume III.
Gary B. Born,Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
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Court system of Japan: Supreme Court of Japan
Ninety-two groups across Japan submitted a written request to the Supreme Court and other bodies to ensure that women account for at least one-third of all justices on the top court. The Supreme Court comprises 15 justices, including the chief justice. The most female justices to sit at one time was three. Now, there are only two. Calls have grown for a more balanced gender composition in the Supreme Court, whose decisions can affect family and social systems. Four justices--three men and one woman—will reach the retirement age of 70 this summer. Candidates for justices are picked from among court judges, lawyers and others. The Cabinet makes the appointments after taking into account the view of the chief justice.
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International Arbitration: Cases and Materials. 2nd ed.
Gary Born,This important casebook is based upon one of the leading books in the field Born's treatise, International Commercial Arbitration. It offers a comprehensive approach to international commercial arbitration (focused on the New York Convention and UNCITRAL Model Law), while providing comparative examples drawn from state-to-state and investment arbitration. An easy-to-use chronological structure follows the course of an international arbitration. Features: Thoroughly revised to reflect amendments to UNCITRAL Rules, ICC Rules and other institutional arbitration rules New sections addressing IBA Guidelines on Party Representation in International Arbitration Revised to reflect amendments to representative national arbitration legislation in France, Singapore and elsewhere Streamlined excerpts of cases and awards; added excerpts of new arbitral awards on selected topics.
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The Oxford Handbook of Comparative Law. 2nd ed.
Mathias Reimann (Editor), Reinhard Zimmermann (Editor),This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law.
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Cassese's International Law. 3rd ed.
Paola Gaeta,Cassese's International Law is a new edition of an established classic. Authors Gaeta, Viñuales, and Zappalá have built on the legacy of international law luminary Antonio Cassese to offer a thought-provoking and lucid account for today's undergraduates and postgraduates. The authors have refreshed Cassese's original approach, ensuring the book continues to compare the traditional legal position with the developing and evolving law. Advancing areas such as the law of the sea, territorial matters, and international environmental law have been expanded to give proper place to their evolving development, while brand new chapters on international trade and foreign investment have been written to reflect the advancements of these areas. In maintaining the broad structure and approach but providing new material, the authors bring fresh context to Cassese's thinking and provide students with an up-to-date, compelling account of the landscape of international legal thinking.
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The International Law on Foreign Investment. 4th ed.
M. Sornarajah,Following the Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP), the demonstrations against investor-state arbitration and the wide discussion during the 2016 US presidential election, the climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. Addressing the pressing need to examine foreign investment law in the context of public international law, the role of the multinational corporation in foreign investment and issues of liability for environmental and other damage, this new edition analyses contractual and treaty-based methods of investment protection and examines the effectiveness of bilateral and regional investment treaties. By offering thought-provoking analysis of the law in historical, political and economic contexts, this fully updated edition of Sornarajah's classic text captures leading trends and charts the possible course of future developments. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.
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The Hard Facts About Soft Skills
Richard Anthony,Despite its name, soft skills are increasingly becoming the hard skills of today's professional world. It is not enough to be highly trained in technical skills without understanding and developing the softer, interpersonal, and relationship-building skills that are critical for professional growth. While technical, "harder" skills may present opportunities for you, it is your soft skills that will maintain those opportunities and provide avenues for new opportunities to present themselves. Your ability to identify and master these soft skills, ranging from critical thinking, dressing for success, networking and personal branding, are critical for achieving professional success.
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The Three Branches. A Comparative Model of Separation of Powers
Christoph Moellers,The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches.
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Legal Skills. 7 th ed.
Emily Finch,The best-selling legal skills textbook in the market, Legal Skills is the essential guide for law students, encompassing all the academic and practical skills in one manageable volume. It is an ideal text for students new to law, helping them make the transition from secondary education and giving them the skills they need to succeed from the beginning of their degree, through exams and assessments and into their future career. The first part covers 'Sources of Law' and includes information on finding and using legislation, ensuring an understanding of where the law comes from and how to use it. The second part covers 'Academic Legal Skills' and provides advice on general study and writing skills. This part also includes a section on referencing and avoiding plagiarism amongst a number of other chapters designed to help students through the different stages of the law degree. The third and final part is dedicated to 'Practical Legal Skills'; a section designed to help develop transferable skills in areas such as presentations and negotiations that will be highly valued by future employers. The text contains many useful features designed to support a truly practical and self-reflective approach to legal skills including self-test questions, diagrams and practical activities. Students are given the opportunity to take a 'hands on' approach to tackling a variety of legal skills from using cases to negotiation. Each skill is firmly set in its wider academic and professional context to encourage an integrated approach to the learning of legal skills.
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Intellectual Property Law. 5th ed.
Lionel Bently,Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible.
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The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement
Mary Ellen O'Connell,International law supports order in the world and the attainment of humanity's fundamental goals of advancing peace, prosperity, human rights, and environmental protection. Yet, there have been voices for centuries attacking international law in order to promote the dominance or hegemony of a single nation. After 9/11, such advocates succeeded in getting America's leaders to invade Iraq, establish Guantanamo Bay and black sites, use waterboarding and other forms of torture and coercion during interrogation, and execute individuals in defiance of the International Court of Justice. This book reveals that to be persuasive, opponents of international law have misrepresented what international law is and how it works. Anti-international law voices have presented international law as powerless and unworthy of respect. To clear away the myths, the book draws on new developments in natural law, positive law, and process theory. The resulting new classical theory demonstrates that international law's power or authority is explained by the same theory that explains the authority of law within nations. International law has authority because it is widely accepted as law. Part of the evidence of that acceptance is found in the fact international law has forceful means of enforcement — armed force, sanctions, countermeasures, and courts. The book provides many examples of international law in action — the real international law with the power to support the interest of all humanity.
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The Tools of Argument: How the Best Lawyers Think, Argue, and Win
Joel P. Trachtman,Joel Trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.
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Complete International Law: Text, Cases and Materials 2nd Edition
Ademola Abass,Complete International Law combines a wide range of case extracts with incisive author commentary to clearly demonstrate legal principles and the significance of case law. This innovative text encourages an active approach to learning with key point summaries, thinking points and self-test questions throughout; which aim to stimulate reflection about the importance of international law in today's world.
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Basic Legal Drafting: Litigation Documents, Contracts, Legislative Documents
Anne Rutledge,BASIC LEGAL DRAFTING offers down-to-earth instruction on how to draft well-organized and clearly articulated legal documents. A culmination of twenty-five years of teaching in the highly regarded Legal Drafting Program at the University of Florida College of Law, the book is designed to be used as a resource for law students and practicing attorneys, as well as a textbook for drafting classes. The text is particularly strong in its discussions of how to organize a document, often the most difficult task facing a drafter and typically under-addressed in other drafting manuals. Equally useful are the very concrete recommendations on how to articulate the language of a document in order to achieve clarity and precision. The text helpfully distinguishes traditional drafting principles from common conventions and stylistic preferences. The litigation chapter addresses complaints, answers and motions. Useful examples range from a simple negligence complaint to a complex statutory-based multi-count complaint and appropriate responses. The contracts chapter includes an extensive discussion, with examples, on how to create for any contract a logical, coherent framework that underlines the drafter’s (and presumably the client’s) intentions.
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Understanding Common Law Legislation: Drafting and Interpretation
Francis Bennion,This book is a distillation of a larger work Bennion on Statutory Interpretation. It consists of an introduction and eighteen chapters each summarized at the end. The common law system presented here is called the Global method both because it is worldwide and because it requires the interpreter to take every relevant consideration into account, including (under the doctrine of precedent) previous court decisions. The book starts by explaining what is meant by ‘common law legislation’. It then says that construing common law legislation has often been found difficult as an analytical concept, giving as the main reason deficiencies in legal education. One deficiency, still continuing, is to teach (mistakenly) that the interpretative criteria solely consist of the literal rule, the mischief rule, and the golden rule. The book aims to redress the deficiencies by presenting the issues briefly but correctly. There are a great many interpretative criteria, and where these conflict in a particular case there must be a judicial process of weighing and balancing. The criteria consist of four types: rules laid down by statute or common law, presumptions arising from the nature of legislation, principles of legal policy, and literary canons applying to all types of language. The book has a final chapter on techniques of ‘law handling’ or ‘law management’, which are central to any lawyer's or law student's functioning.
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Guidelines for Drafting and Editing Legislation
Bryan A. Garner,This new Garner title consolidates into one set of covers all the best advice on legislative drafting. Garner elucidates his blackletter principles with statutory rewrites from all 50 states as well as from federal statutes. He demonstrates how legislation can be streamlined, simplified, and clarified. The exmaples show stunning improvements. Commissioned by the Uniform Law Commission, Garner's work here represents another in his string of first-rate reference books. No legislative drafter should be without it. In the back of the book are two model statutes plus a typically poor statute annotated to explain its deficiencies. Also included is a groundbreaking essay on the optimal method for expressing criminal prohibitions. Throughout the book appear shaded boxes containing timeless quotations from leading commentators on legislative drafting from the 18th century to the present day. Together the the book's extensive bibliography, these quotations place Garner's principles into a historical context. They also underscore the degree to which legislative drafters have neglected many long-standing principles of legal drafting.
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The Law of Corporations and Other Business Organizations. 6th ed.
Angela Schneeman,THE LAW OF CORPORATIONS AND OTHER BUSINESS ORGANIZATIONS, 6th Edition deciphers the complex substantive and procedural laws surrounding U.S. business entities today. Focusing on corporations, sole proprietorships, partnerships, limited liability partnerships, and limited liability entities, the text explains the law and the theory behind the law while providing practical information that the paralegal can use on the job. Financial structures, securities regulations, mergers, and bankruptcy round out the legal discussions, along with special attention paid to the Uniform Acts and Model Business Corporation Act as revised through 2007, which is the basis for most state business corporation acts in the United States. Special features include cites for state statutes, excerpted cases, sample documents, paralegal profiles, chapter summaries, end-of-chapter exercises, practical advice, and much more.
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Essential Contract Drafting Skills. A Practical Guide
Tiffany Kemp,Have you ever read a contract clause three times, and still been none the wiser about what it means? While consumer contracts are becoming more accessible, with companies employing more creative drafting and layout techniques, many business to business contracts remain stuck in the dark ages of legalese and Latin phrases. This book is for everyone who drafts and amends contracts. It will encourage you to focus on creating usable documents that meet essential business needs. By freeing you from the straitjacket of ‘tested in court’ terminology, it will inspire you to flex your creative muscles and draft clear, unambiguous and readable contracts.
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International Commercial Arbitration. Third Edition. Volume III.
Gary B. Born,International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration.
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International Commercial Arbitration. Third Edition. Volume II.
Gary B. Born,International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration.