Civil Litigation in a Globalising World - download pdf or read online

By Xandra E. Kramer, C. H. van Rhee (auth.), X.E. Kramer, C.H. Rhee (eds.)

ISBN-10: 906704816X

ISBN-13: 9789067048163

Globalization of criminal site visitors and the inherent necessity of getting to litigate in overseas courts or to implement judgments in different nations significantly complicate civil complaints because of nice adjustments in civil process. this can accordingly jeopardize entry to justice. This triggers the talk at the want for harmonization of civil strategy. in recent times, this debate has won in significance as a result of new legislative and functional advancements either on the ecu and the worldwide point. This ebook discusses the globalization and harmonization of civil method from the angles of felony historical past, legislation and economics and (European) coverage. realization is paid to the interplay with deepest legislation and personal overseas legislation, and eu and international tasks that target on the harmonization of civil technique or offering directions for reasonable and effective adjudication. It additional contains contributions that concentrate on globalization and harmonization of civil approach from the perspective of 8 diversified jurisdictions. This e-book is an specific mix of concept and perform and worthwhile for educational researchers within the sector of civil strategy, deepest foreign legislation, foreign legislation in addition to coverage makers (national and EU), attorneys, judges and bailiffs.

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34 N. Andrews ACHIEVING JUST AND EFFECTIVE OUTCOMES • • • • Judicial Duty to Give Reasons; Accuracy of Decision-making; Effectiveness (provision of protective relief and enforcement of judgments); Finality. 8 Conclusion There is a wide array of fundamental and important principles of civil justice. The lists can almost overwhelm us. And so we need pointers, and groupings. My main suggestion has been that the leading principles of civil justice might usefully be arranged under four headings, which I have called the four corner-stones of civil justice.

Maklu, Antwerp Storme M, Hess B (eds) (2003) Discretionary power of the judge: limits and control. Kluwer, Mechelen Stürner R (2000) Some European remarks on a new joint project of the American Law Institute and UNIDROIT. Int Lawyer 34:1071–1086 Stürner R (2005) The principles of transnational civil procedure. Rabels Zeitschrift 69:201– 254 Stürner R, Kawano M (eds) (2009) Current topics of international litigation. Mohr Siebeck, Tübingen Tapper C (2007) Cross and tapper on evidence. Oxford University Press, Oxford Thanki B (2006) The law of privilege.

42 C. H. van Rhee by taking into consideration past experiences in this field. 13 I will focus on three types of harmonisation: (1) Harmonisation as a result of national law reform; (2) Harmonisation as a result of competition between procedural systems; (3) Harmonisation as a result of international harmonisation projects. e. black letter law—even though this is not the primary aim of the legislature or other rule-making authorities. This is due to the fact that comparative civil procedure—explicitly or implicitly—has, since time immemorial, been used as a tool where attempts are made to reform a national procedural system.

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Civil Litigation in a Globalising World by Xandra E. Kramer, C. H. van Rhee (auth.), X.E. Kramer, C.H. Rhee (eds.)


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