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Treatment of foreign lawdynamics tow...

Nishitani, Yuko.

Treatment of foreign lawdynamics towards convergence? /

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Treatment of foreign lawedited by Yuko Nishitani.
其他題名:	dynamics towards convergence? /
其他作者:	Nishitani, Yuko.
出版者:	Cham :Springer International Publishing :2017.
面頁冊數:	xiii, 643 p. :ill., digital ;24 cm.
Contained By:	Springer eBooks
標題:	International relationsLaw and legislation.
電子資源:	http://dx.doi.org/10.1007/978-3-319-56574-3
ISBN:	9783319565743$q(electronic bk.)

Treatment of foreign lawdynamics towards convergence? /
Treatment of foreign lawdynamics towards convergence? /[electronic resource] :edited by Yuko Nishitani. - Cham :Springer International Publishing :2017. - xiii, 643 p. :ill., digital ;24 cm. - Ius comparatum - global studies in comparative law,v.262214-6881 ;. - Ius comparatum - global studies in comparative law ;v.9..

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.

ISBN: 9783319565743$q(electronic bk.)

Standard No.: 10.1007/978-3-319-56574-3doiSubjects--Topical Terms:

789557
International relations
--Law and legislation.

LC Class. No.: KZ4850

Dewey Class. No.: 341.2

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