Family Law Across Borders PDF Download

Author: MELISSA A.. HALE KUCINSKI (BRUCE. COFFEE, MICHAEL S.)
Publisher: West Academic Publishing
ISBN: 9781647084288
Category :
Languages : en
Pages : 699

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Book Description
This casebook provides a comprehensive, accessible, and up-to-date analysis of family law from comparative and private international law perspectives. It emphasizes the need to examine complex cross-border family situations by comparing legal systems and understanding the jurisdictional overlay, with a particular focus on the United States. The casebook addresses some of the most intimate and legally complicated situations in which cross-border families find themselves, including the validity of foreign marriages, simultaneous divorce proceedings in multiple countries, the changing law in creating families using adoption and assisted reproductive technology, and how to remedy an international parental child abduction. In addition, the book dives into the importance of judicial assistance treaties and laws when understanding the legal issues, including the necessity to have proper service in a foreign country, obtaining evidence overseas, and authenticating foreign public documents. This book is a superb companion for law students and practitioners alike, and can readily be used in a traditional theory-based class and in practicum courses. It provides substantive material for a course on International Family Law, or can supplement a course on Family Law, International Law, or Comparative Law.

Author: Tommaso Natoli
Publisher: Springer Nature
ISBN: 3030209296
Category : Law
Languages : en
Pages : 270

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Book Description
This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.

Author: Charlotte E. Blattner
Publisher: Oxford University Press
ISBN: 0190948310
Category : Law
Languages : en
Pages : 521

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Book Description
based on author's thesis (doctoral - Universitèat Basel, 2016) issued under title: The extraterritorial protection of animals: admissibility and possibilities of the application of national animal welfare standards to animals in foreign countries.

Author: Paul Schiff Berman
Publisher: Cambridge University Press
ISBN: 1107376912
Category : Law
Languages : en
Pages : 357

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Book Description
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.

Author: Rebecca Schmidt
Publisher: Cambridge University Press
ISBN: 1108635032
Category : Law
Languages : en
Pages : 259

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Book Description
This book deals with a key feature of globalization: the rise of regulation beyond the state. It examines the emergence of transnational regulatory cooperation between public and private actors and pursues an inquiry that is at once legal, empirical and theoretical. It asks why a private actor and an international organization would regulate cooperatively and what this tells us about the material meaning of concepts such as 'expertise', 'authority' and 'legitimacy' in specific domains of global governance. Additionally, the book addresses the structures and patterns in which cooperation evolves and how this affects the broader global order. It does so through an investigation of two public-private cooperative agreements: one between the International Standards Organization, the Organisation for Economic Co-operation and Development, the Global Compact and the International Labor Organization and one between the International Olympic Committee and the United Nations Environment Programme.

Author: Jeffrey Davis
Publisher: Cambridge University Press
ISBN: 1139472453
Category : Political Science
Languages : en
Pages : 298

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Book Description
This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.

Author: Stephen Gerard Coughlan
Publisher:
ISBN: 9781552213704
Category : Law
Languages : en
Pages : 372

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Book Description
This book is about the reach of law beyond state borders from a Canadian perspective. It investigates the scope of the legal and practical power of Canada to assert, and to respond to foreign assertions of, extraterritorial jurisdiction. Ultimately, the authors articulate a theoretical and analytical framework to aid decision making by law and policy makers when Canada is faced with the issue of whether to act extraterritorially. The book revisits Canadian jurisdictional principles and practices in a way that will resonate with lawyers and legal policy makers of all kinds.

Author: Jenia I. Turner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 324

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Book Description
Traditions of plea bargaining : the United States -- Informal bargaining : Germany -- Introducing plea bargaining as part of comprehensive legal reform : Russia and Bulgaria -- Alternatives to plea bargaining : China and Japan -- Plea bargaining at international criminal courts

Author: Saskia Hufnagel
Publisher: Taylor & Francis
ISBN: 1136697276
Category : Law
Languages : en
Pages : 300

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Book Description
This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered. The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism. The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.

Author: Bård-Anders Andreassen
Publisher:
ISBN: 9781780683768
Category : Corporate governance
Languages : en
Pages : 0

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Book Description
This volume argues that normative and legal developments to regulate and govern the behaviour of transnational businesses represent a new frontier in the struggle for human rights.