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This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book’s introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions’ analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure – for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book’s contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.
Law. --- Law --- Civil procedure. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Fundamentals of Law. --- Civil Procedure Law. --- Private International Law, International & Foreign Law, Comparative Law. --- European Law. --- Philosophy. --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Civil procedure --- Law and legislation --- Procedure (Law) --- Actions and defenses --- Appellate procedure --- Trial practice --- Civil Law. --- Private International Law, International & Foreign Law, Comparative Law . --- Law, Civil --- Private law --- Roman law --- Law—Philosophy. --- Law—Europe. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Civil law --- Procediment civil
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This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book’s introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions’ analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure – for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book’s contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.
Legal theory and methods. Philosophy of law --- Comparative law --- European law --- International private law --- International law --- Private law --- Law --- rechtsvergelijking --- filosofie --- recht --- Europees recht --- burgerlijk recht --- internationaal recht --- internationaal privaatrecht --- gerechtelijk recht --- Europe
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This book provides readers with a unique opportunity to learn about one of the new regional trade agreements (RTAs), the China–Australia Free Trade Agreement (ChAFTA), that has been operational since December 2015 and is now at the forefront of the field. This new agreement reflects many of the modern and up-to-date approaches within the international economic legal order that must now exist within a very different environment than that of the late eighties and early nineties, when the World Trade Organization (WTO) was created. The book, therefore, explores many new features that were not present when the WTO or early RTAs were negotiated. It provides insights and lessons about new and important trade issues for the twenty-first century, such as the latest approaches to the regulation of investment, twenty-first century services and the emerging digital/knowledge economy. In addition, this book provides new understandings of the latest RTA approaches of China and Australia. The book's contributors, all foremost experts on their subject matter within this field, explore the inclusion of many traditional trade and investment agreement features in the ChAFTA, showing their continuing relevance in modern contexts.
Foreign trade regulation --- Free trade --- China --- Australia --- Foreign economic relations --- S08/1100 --- S09/0900 --- S10/0641 --- S10/0700 --- Free trade and protection --- Trade, Free --- Trade liberalization --- Export and import controls --- Foreign trade control --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- China: Law and legislation--International law --- China: Foreign relations and world politics--China and Australia and New Zealand --- China: Economics, industry and commerce--Foreign trade and economic relations: since 1989 --- China: Economics, industry and commerce--International economic relations (incl. development aid and problems, WTO) --- Law and legislation --- New Holland --- Osṭralyah --- Usṭralyah --- Australie --- Avstralii︠a︡ --- Nova Hollandia --- Commonwealth of Australia --- Australiese Gemenebes --- أستراليا --- Usturāliyā --- كومنولث الأسترالي --- Kūmunwālth al-Usturālī --- Аўстралія --- Aŭstralii︠a︡ --- Australija --- Австралийски съюз --- Avstraliĭski sŭi︠u︡z --- Австралийският съюз --- Avstraliĭskii︠a︡t sŭi︠u︡z --- Mancomunitat d'Austràlia --- Awstralya --- Komonwelt sa Awstralya --- Australské společenství --- Australien --- Aŭstralio --- Komunejo de Aŭstralio --- Komunaĵo de Aŭstralio --- Austraalia --- Austraalia Ühendus --- Αυστραλία --- Aystralia --- Κοινοπολιτεία της Αυστραλίας --- Koinopoliteia tēs Aystralias --- אוסטרליה --- קהיליית אוסטרליה --- Ḳehiliyat Osṭralyah --- ʻAukekulelia --- Ausztrália --- Ausztrál Államszövetség --- Ástralía --- Samveldið Ástralía --- Negara Persemakmuran Australia --- Persemakmuran Australia --- Austrālijas Savienība --- Australijos Sandrauga --- Австралија --- Avstralija --- Комонвелтот на Австралија --- Komonveltot na Avstralija --- Државна заедница Австралија --- Državna zaednica Avstralija --- Aostralia --- Komanwel Australia --- Awstralja --- Ahitereiria --- Whakaminenga o Ahitereiria --- Австралия --- Австралийский Союз --- Avstraliĭskiĭ Soi︠u︡z --- Mancomunidad de Australia --- Awstralia --- Cymanwlad Awstralia --- Australian Government --- Government of Australia --- オーストラリア --- Ōsutoraria --- Cina --- Kinë --- Cathay --- Chinese National Government --- Chung-kuo kuo min cheng fu --- Republic of China (1912-1949) --- Kuo min cheng fu (China : 1912-1949) --- Chung-hua min kuo (1912-1949) --- Kina (China) --- National Government (1912-1949) --- China (Republic : 1912-1949) --- People's Republic of China --- Chinese People's Republic --- Chung-hua jen min kung ho kuo --- Central People's Government of Communist China --- Chung yang jen min cheng fu --- Chung-hua chung yang jen min kung ho kuo --- Central Government of the People's Republic of China --- Zhonghua Renmin Gongheguo --- Zhong hua ren min gong he guo --- Kitaĭskai︠a︡ Narodnai︠a︡ Respublika --- Činská lidová republika --- RRT --- Republik Rakjat Tiongkok --- KNR --- Kytaĭsʹka Narodna Respublika --- Jumhūriyat al-Ṣīn al-Shaʻbīyah --- RRC --- Kitaĭ --- Kínai Népköztársaság --- Chūka Jinmin Kyōwakoku --- Erets Sin --- Sin --- Sāthāranarat Prachāchon Čhīn --- P.R. China --- PR China --- Chung-kuo --- Zhongguo --- Zhonghuaminguo (1912-1949) --- Zhong guo --- Chine --- République Populaire de Chine --- República Popular China --- Catay --- VR China --- VRChina --- 中國 --- 中国 --- 中华人民共和国 --- Jhongguó --- Bu̇gu̇de Nayiramdaxu Dundadu Arad Ulus --- Bu̇gu̇de Nayiramdaqu Dumdadu Arad Ulus --- Bu̇gd Naĭramdakh Dundad Ard Uls --- Khi︠a︡tad --- Kitad --- Dumdadu Ulus --- Dumdad Uls --- Думдад Улс --- Kitajska --- Trade regulation --- China (Republic : 1949- ) --- Австралийски съюз --- Австралийският съюз --- Австралийский Союз --- PRC --- P.R.C. --- BNKhAU --- БНХАУ --- Foreign trade regulation - China --- Foreign trade regulation - Australia --- Free trade - China --- Free trade - Australia --- China - Foreign economic relations - Australia --- Australia - Foreign economic relations - China
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Economic development --- International finance --- Sustainable development --- 333.160 --- 333.432.8 --- 334.81 --- 341.8 --- AA / International- internationaal --- US / United States of America - USA - Verenigde Staten - Etats Unis --- Law and economic development --- Environmental law --- Development, Economic --- Economic growth --- Growth, Economic --- Economic policy --- Economics --- Statics and dynamics (Social sciences) --- Development economics --- Resource curse --- Law and legislation --- Internationale financiële instellingen: algemeen --- Internationale monetaire organisatie. Internationaal Muntfonds. Algemene leningovereenkomsten --- Wereldhandelsorganisatie (WHO). Algemene overeenkomst voor handel en tarieven (GATT) --- Internationaal economisch recht --- International law --- Economic law
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"'Bretton Woods' has become shorthand for the post-war international financial and economic framework. Mindful of the historic 1944 conference and its legacy for the discipline of international economic law, the American Society of International Law's International Economic Law Group (IELG) chose Bretton Woods as the venue for a landmark scholarly meeting. In November of 2006, a diverse group of academics and practitioners gathered to reflect on the past, present and future of international economic law. They sought to survey and advance three particular areas of endeavour: research and scholarship, teaching, and practice/service. This book represents an edited collection of some of the exceptional papers presented at the conference including contributions from Andreas Lowenfeld, Joel Trachtman, Amelia Porges and Andrew Lang. The volume is organised into three parts, each covering one of the three pillars in the discipline of international economic law: research and scholarship; teaching; and practice/service. It begins with an assessment of the state and future of research in the field, including chapters on questions such as: what is international economic law? Is it a branch of international law or of economic law? How do fields outside of law, such as economics and international relations, relate to international economic law? How do research methodologies influence policy outcomes? The second part examines the state and future of teaching in the subject. Chapters cover topics such as: how and where is international economic law taught? Is the training provided in the law schools suitable for future academics, government officials, or practitioners? How might regional shortcomings in academic resources be addressed? The final part of the book focuses on the state and future of international economic law practice in the Bretton Woods era, including institutional reform. The contributors consider issues such as: what is the nature of international economic law practice? What are the needs of practitioners in government, private practice, international and non-governmental organisations? Finally, how have the Bretton Woods institutions adapted to these and other challenges-and how might they better respond in the future? International Economic Law: The State and Future of the Discipline will be of interest to lawyers, economists and other professionals throughout the world-whether in the private, public, academic or non-governmental sectors-seeking both fresh insights and expert assessments in this expanding field. Indeed, the book itself promises to play a role in the next phase of the development of international economic law."--Bloomsbury Publishing.
Sustainable development --- Economic development --- International finance --- Law and legislation.
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This book provides readers with a unique opportunity to explore how the international economic legal order (IELO) may look in a post-WTO world. The substance of this book presupposes (whether correct or not) that the WTO either: (a) Stagnates into the foreseeable future (Doha withers, no new Rounds, at best minor amendments, little new jurisprudence, effective collapse of the DSB); or (b) Falls apart completely. While neither is desirable, the book underlines that it must be conceded that neither is inconceivable. The collapse of the Soviet Union tells us that anything is possible (in 1986 no one foresaw the end of the Cold War - clearly it was a much more significant event than would be the case for the demise of the WTO and the current international economic legal order (IELO)). Similarly, just a year or two before Brexit or the election of US President Donald Trump, no one foresaw those two eventualities. Consequently, a worst-case scenario for the future of the WTO cannot be ignored – rather, it must be explored, as has been done in this book. Indeed, despite most IEL academics’ commitment to multilateralism and specifically to a vibrant and dynamic WTO, academics in the field are now beginning to seriously discuss what a post-WTO world could look like (and it was the project behind this book that first launched those discussions). Accordingly, this examination of the post-WTO world will be of great value to practitioners, governmental and international officials and scholars in the IELO. This is particularly so in an era of increasingly rapid change, during which legal scholarship must also address the future if it wants to contribute creative solutions to the resolution and management of the many serious contemporary problems facing our field.
Law and economics. --- International economic relations. --- World Trade Organization. --- Economic policy, Foreign --- Economic relations, Foreign --- Economics, International --- Foreign economic policy --- Foreign economic relations --- Interdependence of nations --- International economic policy --- International economics --- New international economic order --- Economic policy --- International relations --- Economic sanctions --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Economics --- Jurisprudence --- International law. --- Trade. --- Economic policy. --- International Economic Law, Trade Law. --- Economic Policy. --- Economic nationalism --- Economic planning --- National planning --- State planning --- Planning --- National security --- Social policy --- Law of nations --- Nations, Law of --- Public international law --- Law --- Commerce. --- Trade --- Traffic (Commerce) --- Business --- Merchants --- Transportation
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This book provides readers with a unique opportunity to explore how the international economic legal order (IELO) may look in a post-WTO world. The substance of this book presupposes (whether correct or not) that the WTO either: (a) Stagnates into the foreseeable future (Doha withers, no new Rounds, at best minor amendments, little new jurisprudence, effective collapse of the DSB); or (b) Falls apart completely. While neither is desirable, the book underlines that it must be conceded that neither is inconceivable. The collapse of the Soviet Union tells us that anything is possible (in 1986 no one foresaw the end of the Cold War - clearly it was a much more significant event than would be the case for the demise of the WTO and the current international economic legal order (IELO)). Similarly, just a year or two before Brexit or the election of US President Donald Trump, no one foresaw those two eventualities. Consequently, a worst-case scenario for the future of the WTO cannot be ignored – rather, it must be explored, as has been done in this book. Indeed, despite most IEL academics’ commitment to multilateralism and specifically to a vibrant and dynamic WTO, academics in the field are now beginning to seriously discuss what a post-WTO world could look like (and it was the project behind this book that first launched those discussions). Accordingly, this examination of the post-WTO world will be of great value to practitioners, governmental and international officials and scholars in the IELO. This is particularly so in an era of increasingly rapid change, during which legal scholarship must also address the future if it wants to contribute creative solutions to the resolution and management of the many serious contemporary problems facing our field.
Economic policy and planning (general) --- Economic relations. Trade --- International law --- economische politiek --- handel --- internationaal recht
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Economic policy and planning (general) --- Economic relations. Trade --- International law --- economische politiek --- handel --- internationaal recht
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