Treatment of Foreign Law - Dynamics towards Convergence?

Nonfiction, Reference & Language, Law, Civil Procedure, International
Cover of the book Treatment of Foreign Law - Dynamics towards Convergence? by , Springer International Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9783319565743
Publisher: Springer International Publishing Publication: July 4, 2017
Imprint: Springer Language: English
Author:
ISBN: 9783319565743
Publisher: Springer International Publishing
Publication: July 4, 2017
Imprint: Springer
Language: English

This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction. Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as “law” and provide for the ex officio application and ascertainment of foreign law by judges. Common law jurisdictions consider foreign law as “fact” and require that parties plead and prove foreign law. A closer look at various reports, however, reveals more differentiated features with their own nuances among civil law jurisdictions, and the difference of the treatment of foreign law from other facts in common law jurisdictions. This challenges the appropriacy of the conventional “law-fact” dichotomy. This book further examines the need for facilitating access to foreign law. After carefully analyzing the benefits and drawbacks of existing instruments, this book explores alternative methods for enhancing access to foreign law and considers practical ways of obtaining information on foreign law. It remains to be seen whether and the extent to which legal systems around the world will integrate and converge in their treatment of foreign law.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This work presents a thorough investigation of existing rules and features of the treatment of foreign law in various jurisdictions. Private international law (conflict of laws) and civil procedure rules concerning the application and ascertainment of foreign law differ significantly from jurisdiction to jurisdiction. Combining general and individual national reports, this volume demonstrates when and how foreign law is applied, ascertained, interpreted and reviewed by appeal courts. Traditionally, conflicts lawyers have been faced with two contrasting approaches. Civil law jurisdictions characterize foreign law as “law” and provide for the ex officio application and ascertainment of foreign law by judges. Common law jurisdictions consider foreign law as “fact” and require that parties plead and prove foreign law. A closer look at various reports, however, reveals more differentiated features with their own nuances among civil law jurisdictions, and the difference of the treatment of foreign law from other facts in common law jurisdictions. This challenges the appropriacy of the conventional “law-fact” dichotomy. This book further examines the need for facilitating access to foreign law. After carefully analyzing the benefits and drawbacks of existing instruments, this book explores alternative methods for enhancing access to foreign law and considers practical ways of obtaining information on foreign law. It remains to be seen whether and the extent to which legal systems around the world will integrate and converge in their treatment of foreign law.

More books from Springer International Publishing

Cover of the book Advanced Finite Element Simulation with MSC Marc by
Cover of the book Museum Experience Design by
Cover of the book Discrete Fractional Calculus by
Cover of the book From Animals to Animats 14 by
Cover of the book Genetics and Genomics of Cucurbitaceae by
Cover of the book Mathematics Lesson Study Around the World by
Cover of the book Combinatorics and Complexity of Partition Functions by
Cover of the book Evidence and Public Good in Educational Policy, Research and Practice by
Cover of the book Social Internet of Things by
Cover of the book Concreteness and Specificity in Clinical Psychology by
Cover of the book Parallel Computing Technologies by
Cover of the book Food Justice in US and Global Contexts by
Cover of the book Model Validation and Uncertainty Quantification, Volume 3 by
Cover of the book Structured Object-Oriented Formal Language and Method by
Cover of the book Sustainable Leadership for Entrepreneurs and Academics by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy