Transnational Law

Cases and Materials

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Author: Mathias Reimann,James C. Hathaway,Timothy L. Dickinson,Joel H. Samuels

Publisher: West Academic Publishing

ISBN: 9780314154507

Category: Law

Page: 1147

View: 5005

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.

Transnational Commercial Law: Text, Cases, and Materials

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Author: Roy Goode,Herbert Kronke,Ewan McKendrick

Publisher: Oxford University Press, USA

ISBN: 9780198735441

Category:

Page: 832

View: 5928

When the first edition of this student work was published some eight years ago transnational commercial law, introduced as a postgraduate course at the University of Oxford in 1995, was taught at a relatively small number of law schools. Since then the subject has blossomed and is now taught at law schools around the world. Focused on the products and processes of the harmonization of law relating to international commercial transactions, the book is an invaluable resource for students in this field. In this new edition the work has been completely revised and updated, covering a number of new or substantially revised international instruments. In addition four new chapters have been added by specialist contributors dealing with regional harmonization, carriage of goods by sea, transactions in securities and the relationship between international conventions and national law. The authority of the text is enhanced by the fact that all the authors have played leading roles in the drafting and development of many of the instruments examined in the work.

Transnational Intellectual Property Law

A World Student Textbook

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Author: Robert P. Merges,Seagull Haiyan Song

Publisher: Edward Elgar Publishing

ISBN: 9781785368264

Category:

Page: N.A

View: 7027

As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased.Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today's global context. Focusing on three major IP regimes - the United States, Europe and China - the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.Providing detailed thematic coverage of the major IP rights, including Patents, Copyright, Trademarks, Trade Secrets and Design Protection, the book delves into the national laws and operational realities of these three jurisdictions, highlighting the issues and questions that are most frequently encountered in practice. Of special note are the many English translations of Chinese legal materials - providing the richest and most in-depth coverage of authoritative IP-related statutes, cases and commentaries currently available to students.The textbook draws heavily on cases and other primary sources to tease out the differences, commonalities, and ultimately, strategies for taking a global approach to IP protection. Thought-provoking questions and scenarios throughout the book will stimulate class discussion and cement understanding.Key features: * Introductory problems allow students to identify and navigate the key issues * An accessible layout with case extracts, questions and notes clearly highlighted illustrates examples of crucial issues, helps identify key information, and points to extensive practical and scholarly commentary on important issues* Comparative approach with numerous references to law and business context in China, the United States and Europe allows students to place national IP in a global context * Expert analytical commentary on carefully selected cases guides readers on the key issues. Engaging and comprehensive, this textbook will be essential for all IP courses that aspire to teach the global dimension of IP, and for all students whose aim is to practice IP in what is an increasingly transnational marketplace.

Transnational Commercial Law: International Instruments and Commentary

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Author: Roy Goode,Herbert Kronke,Ewan McKendrick,Jeffrey Wool

Publisher: OUP Oxford

ISBN: 0191632392

Category: Law

Page: 1104

View: 2942

Transnational commercial law represents the outcome of work undertaken to harmonize national laws affecting domestic and cross-border transactions and is upheld by a diverse spectrum of instruments. Now in its second edition, this authoritative work brings together the major instruments in this field, dividing them into thirteen groups: Treaty Law, Contracts, Electronic Commerce, International Sales, Agency and Distribution, International Credit Transfers and Bank Payment Undertakings, International Secured Transactions, Cross-Border Insolvency, Securities Custody, Clearing and Settlement and Securities Collateral, Conflict of Laws, Civil Procedure, Commercial Arbitration, and a new section on Carriage of Goods. Each group of instruments is preceded by linking text which provides important context by identifying the key instruments in each group, discussing their purposes and relationships, and explaining the major provisions of each instrument, thus setting them in their commercial context. This volume is unique in providing the full text of international conventions, including the preamble - which is important for interpretation - and the final clauses and any annexes. In addition, each instrument is accompanied by a complete list of dates of signature and ratification by all contracting states, all easily navigated through the detailed tables of contents which precedes it. This fully-indexed work provides an indispensable guide for the practitioner or academic to the primary transnational commercial law instruments.

Transnational Law

Cases and Problems in an Interconnected World

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Author: Alfred C. Aman, Jr.,Carol Greenhouse

Publisher: N.A

ISBN: 9781422496404

Category: Conflict of laws

Page: 702

View: 8936

This casebook analyzes legal questions arising from the tensions between global capitalism and national sovereignty. Today, these tensions are manifest across all spheres of law — national and international, as well as new forms of private ordering. We focus on the areas of trade, the environment, labor, human rights, corporate social responsibility, and separation of powers, especially executive power. The book will be useful to students, scholars, and practitioners. It provides reviews of debates currently shaping the field, as well as extensive notes and references. It is distinctive in that each chapter offers critical and activist perspectives as well as those of the relevant courts or other legal institutions, both to remind readers that law and markets are indelibly interconnected, and that the character of those interconnections is not a given. Further, this is an interdisciplinary account, putting legal analysis in dialogue especially with anthropological studies of law, among other literatures. Transnational Law is arranged in three parts. Part I (“Governance through treaties and agreements”) considers situations in which states act as parties in treaties and multinational agreements on trade and the environment. Part II (“Governance through codes and contracts”) takes up outsourcing, privatization, and corporate social responsibility as situations in which corporate self-regulation confronts core governmental functions and human rights issues. Part III (“Governance through government”) considers the implications of transnational law for contemporary debates over separation of powers, culminating in a discussion of what we call the transnational executive.--

International Criminal Law: Cases and Materials

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Author: Ellen S. Podgor,Rodger S. Clark

Publisher: LexisNexis

ISBN: 0327175125

Category: Law

Page: 914

View: 2079

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.

Documentary Supplement for Use With Transnational Legal Problems

Materials & Text

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Author: Detlev F. Vagts,Henry J. Steiner,Harold Hongju Koh

Publisher: Foundation Press

ISBN: 9781566621632

Category: Law

Page: 154

View: 8881

Steiner, Vagts and Koh's Documentary Supplement to Transnational Legal Problems, Materials and Text, Fourth Edition, provides detailed information on transnational legal problems law. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Labour and Employment Law 9/E: Cases, Materials, and Commentary

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Author: Labour Law Casebook Group

Publisher: Irwin Law

ISBN: 9781552214862

Category: Business & Economics

Page: 1228

View: 2577

Prepared by a national group of academics--the Labour Law Casebook Group--the book has continued to evolve with each new edition, reflecting the considerable changes that have occurred in the Canadian workplace and the laws that governs it.

Abortion Law in Transnational Perspective

Cases and Controversies

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Author: Rebecca J. Cook,Joanna N. Erdman,Bernard M. Dickens

Publisher: University of Pennsylvania Press

ISBN: 0812209990

Category: Law

Page: 480

View: 2217

It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead. The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order. Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.

International Criminal Law: Cases and Commentary

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Author: Antonio Cassese,Guido Acquaviva,Mary Fan,Alex Whiting

Publisher: Oxford University Press

ISBN: 0199576785

Category: Language Arts & Disciplines

Page: 592

View: 5564

International Criminal Law: Cases and Commentary presents a comprehensive, pragmatic explanation of the development of substantive international criminal law through key illustrative cases from domestic and international jurisdictions. Presents concise and stimulating commentaries by the leading academics in the field.

American criminal law

cases, statutes, and comments : preview chapters, preface, and contents

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Author: Markus Dirk Dubber,Mark Kelman

Publisher: N.A

ISBN: 9781587789304

Category: Criminal law

Page: 277

View: 9260

An Introduction to Transnational Criminal Law

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Author: Neil Boister

Publisher: OUP Oxford

ISBN: 0191632023

Category: Law

Page: 352

View: 6794

The suppression of cross-border criminal activity has become a major global concern. An Introduction to Transnational Criminal Law examines how states, acting together, are responding to these forms of criminality through a combination of international treaty obligations and national criminal laws. Multilateral 'suppression conventions' oblige states parties to criminalise a broad range of activities including drug trafficking, terrorism, transnational organised crime, corruption, and money laundering, and to provide for different types of international procedural cooperation like extradition and mutual legal assistance in regard to these offences. Usually regarded as a sub-set of international criminal justice, this system of law is beginning to receive greater attention as a subject in its own right as the scale of the criminal threat and the complexity of synergyzing the criminal laws of different states is more fully understood. The book is divided into three parts. Part A asks and attempts to answer what is transnational crime and what is transnational criminal law? Part B explores a selection of substantive transnational crimes from piracy through to cybercrime. Part C examines the main procedural mechanisms involved in establishing jurisdiction and then the exercise of jurisdiction through the effective investigation and prosecution of transnational crimes. Finally, Part D looks at the implementation of transnational criminal law and the prospects for transnational criminal justice. Until recently this system of law has been largely the domain of professionals. An Introduction to Transnational Criminal Law provides a comprehensive introduction designed to fill that gap.

International Dispute Resolution

Cases and Materials

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Author: Mary Ellen O'Connell

Publisher: N.A

ISBN: 9781594609046

Category: Law

Page: 646

View: 8394

Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full range of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication.The second edition updates and expands the first edition. It includes additional materials on international commercial arbitration as well as recent decisions of the United States Supreme Court, the International Court of Justice and the International Centre for the Settlement of Investment Disputes. New problems have been added and reading lists have been revised. Despite the new additions, the book remains highly teachable in a two or three credit-hour format.The law book market has many titles on arbitration and transnational litigation. This is the only casebook, however, that introduces students to all of dispute resolution mechanisms available internationally. Lawyers today need this information as much as they need the standard first year required course on civil procedure.

Transnational Law and Practice

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Author: Donald Earl Childress III,Michael D. Ramsey,Christopher A. Whytock

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860936

Category: Law

Page: 1056

View: 999

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.

The Law and Policy of the World Trade Organization

Text, Cases and Materials

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Author: Peter Van den Bossche,Werner Zdouc

Publisher: Cambridge University Press

ISBN: 1107276594

Category: Law

Page: N.A

View: 8802

Since its first edition, this textbook has been the first choice of teachers and students alike, due to its clear introduction to the basic principles of the multilateral trading system and its detailed examination of the law of the World Trade Organization. The third edition continues to explore the institutional and substantive law of the WTO. Material has been restructured to closely align with teaching approaches making it even more user-friendly. It has been updated to incorporate all new developments in the WTO's body of case law. Questions and assignments are integrated to allow students to assess their understanding, while chapter summaries reinforce learning. Chapters end with an exercise reflecting real-life trade problems: these challenge students (and practitioners) and enable them to hone their analytical skills. This title is an essential tool for all WTO law students and will also serve as the practitioner's introductory guide to the WTO.

The Global Workplace

International and Comparative Employment Law - Cases and Materials

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Author: Roger Blanpain,Susan Bisom-Rapp,William R. Corbett,Hilary K. Josephs,Michael J. Zimmer

Publisher: Cambridge University Press

ISBN: 1139462008

Category: Law

Page: N.A

View: 3144

With the forces of globalization as a backdrop, this casebook develops labor and employment law in the context of the national laws of nine countries important to the global economy - the US, Canada, Mexico, UK, Germany, France, China, Japan and India. These national jurisdictions are highlighted by considering international labor standards promulgated by the International Labor Organization as well as the rulings and standards that emerge from two very different regional trade arrangements - the labor side accord to NAFTA and the European Union. Across all these different sources of law, this book considers the law of individual employment, collective labor law dealing with unionization as well as the laws against discrimination, the laws protecting privacy and the systems used to resolve labor and employment disputes. This is the first set of law school course materials in English covering international and comparative employment and labor law.

Transnational Business Problems

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Author: Detlev F. Vagts,William S. Dodge,Harold Hongju Koh,Hannah L. Buxbaum

Publisher: Ingram

ISBN: 9781609300845

Category: Law

Page: 626

View: 6625

The Fifth Edition Transnational Business Problems combines the best aspects of a conceptual, systemic approach and a problems approach. It provides a sophisticated intellectual framework for understanding the most significant contractual and regulatory issues in international business. At fewer than 700 pages, this compact book is ideal for a one-semester course. One volume. Transnational Business Problems presents the important practical and policy aspects of international transactions in one reasonably-sized volume.Deals with Systemic Issues First. Transnational Business Problems considers systemic issues first. Five introductory chapters discuss the structure of the international system, the different players in international business--corporations, lawyers, international institutions--and issues that reach across all kinds of transactions such as dispute resolution and tax.Problems Approach. The introductory chapters are followed by eight problems, each focused on a different kind of transaction: transnational sales, agency and distributorship agreements, licensing, foreign direct investment, mergers and acquisitions, joint ventures, development agreements, and international debt instruments. Each problem covers both contractual and regulatory issues. Nearly all begin with a sample contract.Sophistication. The book uses primary source materials--draft contracts, statutes, regulations, treaties, cases, and arbitral awards--that allow students, with help from the text, to work through issues in a realistic way. It goes beyond the nuts and bolts of transactions to encourage consideration of broader policy issues: from the liability of corporations for human rights violations to restrictions on foreign investment; from the compulsory licensing of HIV drugs to the restructuring of sovereign debt.Geographical Diversity. Transnational Business Problems reflects the geographical diversity of business today. The problems focus on China, the European Union, South America, Mexico, and the Middle East. Materials from other parts of the world are included in the introductory chapters.Intellectual Heritage. Transnational Business Problems grows out of a rich intellectual heritage that began with Milton Katz and Kingman Brewster's International Transactions and evolved into Henry Steiner and Detlev Vagts's Transnational Legal Problems. This book views transnational business problems as a particular species of transnational legal problem that both generates and is influenced by transnational legal process.Fully Updated. The Fifth Edition of Transnational Business Problems is fully updated to account for developments through the start of 2014. Every year between editions the authors provide an update in memo form that teachers can distribute as a supplement to their classes.Useful Teacher's Manual. Transnational Business Problems has a complete teacher's manual that provides suggestions on how to approach the material and answers to all of the questions posed in the text. The manual also contains sample syllabi.

Conflict of Laws

Cases, Materials, and Problems

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Author: Laura E. Little

Publisher: Wolters Kluwer Law & Business

ISBN: 1454874902

Category: Law

Page: 1056

View: 4075

"This title is a Conflict of Laws casebook with contemporary, practical approach"-- Provided by publisher.

Internet Law

Cases and Problems

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Author: James Grimmelmann

Publisher: N.A

ISBN: 9781943689033

Category:

Page: 682

View: 5864

¿ CLEAR & CONCISE: Tight case editing, focused questions, and topical problems direct students' attention to the most critical issues. The book covers the full sweep of the subject, but is still short enough that the core topics can be taught in a 3-credit survey course. ¿ UP-TO-DATE COVERAGE: The seventh edition features five new principal cases, along with numerous new and revised notes and questions. New cases deal with international injunctions, free speech rights to use the Internet, compelled decryption, trademarks and search engines, and algorithmic accountability. Several sections have been tightened up and older material has been cut, resulting in a streamlined reading experience. ¿ TECHNICAL AND HISTORICAL NOTES: Mini-essays throughout the book provide the essential technical background needed to make sense of computer and Internet technologies. Where modern doctrine has important historical roots (e.g., network neutrality and telecommunications regulation), the book gives the necessary context.