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ILLIBERAL LAW IN AMERICAN COURTS Jia, Mark
University of Pennsylvania law review,
05/2020, Letnik:
168, Številka:
6
Journal Article
Recenzirano
American courts are at times required to interpret the laws of authoritarian countries. Though such cases are increasingly common, they remain—even today—a poorly understood feature of modern ...adjudication. This Article seeks to fill that gap: first by describing the scope and scale of American judicial engagement with authoritarian legal systems, second by spelling out the interpretive challenges posed by authoritarian laws, and third by building out a framework and vocabulary for analyzing judicial responses to these challenges. The laws of authoritarian countries raise novel questions of legal construction. Such questions stem from a gap, mostly real but sometimes imagined, between our own local assumptions about law and certain "nonconforming" features of authoritarianism: sham laws, unwritten laws, party laws, politicized courts, and bifurcated legal systems. Judicial responses to these challenges fall along a familiar spectrum. Some methods have been more formalist, stressing strict correspondences. Others have been more functionalist, embracing jurisprudential difference. The optimal approach may be one in which judges tailor method to context, balancing an open-minded pluralism against minimal but irreducible principles of legality.
This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise ...yet thorough article-by-article guide to the Convention’s anti-trafficking standards and corresponding human rights obligations.
Open
The Resource Book, conceived as a practical guide to the TRIPS Agreement, provides detailed analysis of each of its provisions, aiming at a sound understanding of WTO Members' rights and obligations. ...The purpose is to clarify the implications of the Agreement especially highlighting the areas in which the treaty leaves leeway to Members for the pursuit of their own policy objectives, according to their respective levels of development. In doing so, the book does not produce tailor-made prescriptions but gives guidance on the implications of specific issues and on the options available. The book is not limited to the analysis of the TRIPS Agreement but to the consideration of related questions and developments at the national, regional, and international level.
The book offers an updated expert assessment of the implementation of the Framework Convention for the Protection of National Minorities through an article-by-article analysis and assessment of the ...scope of application during the first four cycles of monitoring.
Rome I Regulation Ulrich Magnus, Peter Mankowski, Andrea Bonomi, Calvo Caravaca Alfonso-Luis, Javier Carrascosa Gonzalez, Richard G. Fentiman, Franco Ferrari, Pietro Franzina, Francisco Garcimartín Alférez, Helmut Heiss, Luís Pietro Rocha de Lima Pinheiro, Ulrich Magnus, Peter Mankowski, Guillermo Palao Moreno, Ilari
2016, 2017, 2016-12-20
eBook
One of the great steps towards a European Private International Law and for the facilitation of transborder trade is the Rome I Regulation which europeanised the applicable law for international ...contracts throughout the Union (though except Denmark). This Regulation has to be applied since the end of 2009. It has moderately reformed and replaced the former Rome Convention which had already proven its practical value for over two decades as many national decisions and also judgments of the European Court of Justice evidence. It is therefore high time for a truly pan-European Commentary on the Rome I Regulation which takes account of the European nature of this instrument. This is reflected by the team of contributors that originates from all over Europe assembling first experts in their countries. The editors are Ulrich Magnus and Peter Mankowski who have already edited the well-received pan-European Commentaries on the Brussels I Regulation and the Brussels IIbis Regulation. The Commentary (in English) provides a thorough article-by-article analysis which intensely uses the rich case law and doctrine and suggests clear and practical solutions for disputed issues. It gives a comprehensive and actual account of the present state of the European international contract law. For international lawyers, practitioners as well as academics, it is an indispensable must.
Brussels Ibis Regulation Ulrich Magnus, Peter Mankowski, Alfonso-Luis Calvo Caravaca, Javier Carrascosa González, Gilles Cuniberti, Carlos Esplugues Mota, Richard G. Fentiman, Stéphanie Francq, Helmut Heiss, Xandra Kramer, Luís Pietro Rocha de Lima Pinheiro, Ulrich Magnus, Peter Mankowski, Horatia Muir Watt, Peter Arnt Niel
2015, 2016, 2015-12-16
eBook
The Brussels Ibis Regulation is to become by far the most prominent cornerstone of the European law of international civil procedure. Its imminence can be easily ascertained by every practitioner ...even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners – the Brussels I Regulation was a well-known and renowned instrument and the Brussels Ibis Regulation will become so as its proper heir. The so called Brussels system has proven its immeasurable and incomparable value for over forty years. The European Court of Justice and the national courts of the Member States have produced an abundance and a treasure of judgments interpreting the Brussels Convention and the Brussels I Regulation. The effort of completing a truly pan-European commentary mirrors the pan-European nature of its fascinating object. This commentary – which of course covers the jurisprudence of the ECJ in a comprehensive manner – assembles a team of very prominent and renowned authors from total Europe. The authors' geographical provenience stretches from Denmark in the North to Italy in the South and from Portugal and the United Kingdom in the West to Austria in the East. Now the time is ripe to start such an enterprise. This commentary is the first full scale article-by-article commentary in English to address the Brussels Ibis Regulation. It is truly European in nature and style. It provides thorough and succinct in-depth analysis of every single Article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law.
Abstract
The well known
ordo legendi
diffused by Cinus among later commentators was a framework structured as a sequence of various steps and moments:
divisio textus
,
positio casus
,
collectio ...notabilium
,
oppositiones
and
quaestiones
. Some of them appear early in the didactic experience of Ioannes Bassianus and, more extensively, in the
lecturae
held, during the 13th century, by jurists, theologians and
artistae
as well: to be sure, with relevant differences mainly concerning the meaning of the employed terms. The decay of the
glossa
as a tool to explain the
Corpus Iuris
of Justinian in the schools and the diffusion of new styles in approaching the legal texts, made the
expositio ordinis
a frequent, somehow basic element of the
lectura
and of the
commentum
. From the times of Odofredus it occurs mainly when the
lex
meets heavy problems of interpretation: but not always in the complete sequence of the above mentioned moments.
Contraria
and
quaestiones
mark in any case the core of the exposition, according to the scholastic role of medieval dialectics. Different in their respective purposes, they nevertheless share the same logical procedure. From this point of view, an interesting and still inexplicable convergence of methods (and related terminology) can be observed in the age of Cinus between lawyers and
artistae
, both teaching at the University of Bologna.
Rome II Regulation Huber, Peter
2011, 2011., 2011-07-07, Letnik:
1
eBook
The Rome II Regulation creates a common regime of conflict of law rules for tort, unjust enrichment, negotiorum gestio and culpa in contrahendo for (most of) the member states of the EU. This book ...provides an article-by-article commentary which explains the underlying concepts and suggests solutions for problems that have arisen or may arise in the application of the regulation. The book is the first volume of the new s.elp series of Pocket Commentaries on European regulations and international conventions in the area of conflict of laws. The series is meant to provide a first reference to the legal texts covered. This book - introduces the basic concepts of the Rome II Regulation - offers immediate insight into the problems arising in the application of the regulation - provides a coherent article-by-article commentary - assists in updating your knowledge with ease
