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Author: Lucas V. M. Bento Publisher: ISBN: 9789041188403 Category : Languages : en Pages : 320
Book Description
Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery--the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.'s generous discovery tools, particularly 28 U.S.C. § 1782 ("Section 1782"), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782's interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person "found" in the district, pursuant to Section 1782? Who qualifies as an "interested person?" What is a "foreign or international tribunal?" Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel--jurisdictional reach, receptivity, circumvention and burden--be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
Author: Lucas V. M. Bento Publisher: ISBN: 9789041188403 Category : Languages : en Pages : 320
Book Description
Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery--the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.'s generous discovery tools, particularly 28 U.S.C. § 1782 ("Section 1782"), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782's interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person "found" in the district, pursuant to Section 1782? Who qualifies as an "interested person?" What is a "foreign or international tribunal?" Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel--jurisdictional reach, receptivity, circumvention and burden--be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
Author: Ian Goldin Publisher: Macmillan + ORM ISBN: 1250085101 Category : Business & Economics Languages : en Pages : 287
Book Description
The present is a contest between the bright and dark sides of discovery. To avoid being torn apart by its stresses, we need to recognize the fact—and gain courage and wisdom from the past. Age of Discovery shows how. Now is the best moment in history to be alive, but we have never felt more anxious or divided. Human health, aggregate wealth and education are flourishing. Scientific discovery is racing forward. But the same global flows of trade, capital, people and ideas that make gains possible for some people deliver big losses to others—and make us all more vulnerable to one another. Business and science are working giant revolutions upon our societies, but our politics and institutions evolve at a much slower pace. That’s why, in a moment when everyone ought to be celebrating giant global gains, many of us are righteously angry at being left out and stressed about where we’re headed. To make sense of present shocks, we need to step back and recognize: we’ve been here before. The first Renaissance, the time of Columbus, Copernicus, Gutenberg and others, likewise redrew all maps of the world, democratized communication and sparked a flourishing of creative achievement. But their world also grappled with the same dark side of rapid change: social division, political extremism, insecurity, pandemics and other unintended consequences of discovery. Now is the second Renaissance. We can still flourish—if we learn from the first.
Author: Ole J. Mjos Publisher: Routledge ISBN: 1135213739 Category : History Languages : en Pages : 237
Book Description
Offering a thorough and accessible account of the global expansion of Discovery and its relationship with media globalization, Mjos explores the way in which the processes of media globalization unfold and develop, and traces some of the possible consequences.
Author: Christoph Kalter Publisher: Cambridge University Press ISBN: 1107074517 Category : History Languages : en Pages : 517
Book Description
This book explores the emergence of 'Third Worldism' as a new intellectual movement during the era of decolonisation and the Cold War.
Author: Scott L. Montgomery Publisher: University of Chicago Press ISBN: 022601004X Category : Science Languages : en Pages : 241
Book Description
In early 2012, the global scientific community erupted with news that the elusive Higgs boson had likely been found, providing potent validation for the Standard Model of how the universe works. Scientists from more than one hundred countries contributed to this discovery—proving, beyond any doubt, that a new era in science had arrived, an era of multinationalism and cooperative reach. Globalization, the Internet, and digital technology all play a role in making this new era possible, but something more fundamental is also at work. In all scientific endeavors lies the ancient drive for sharing ideas and knowledge, and now this can be accomplished in a single tongue— English. But is this a good thing? In Does Science Need a Global Language?, Scott L. Montgomery seeks to answer this question by investigating the phenomenon of global English in science, how and why it came about, the forms in which it appears, what advantages and disadvantages it brings, and what its future might be. He also examines the consequences of a global tongue, considering especially emerging and developing nations, where research is still at a relatively early stage and English is not yet firmly established. Throughout the book, he includes important insights from a broad range of perspectives in linguistics, history, education, geopolitics, and more. Each chapter includes striking and revealing anecdotes from the front-line experiences of today’s scientists, some of whom have struggled with the reality of global scientific English. He explores topics such as student mobility, publication trends, world Englishes, language endangerment, and second language learning, among many others. What he uncovers will challenge readers to rethink their assumptions about the direction of contemporary science, as well as its future.
Author: James L. Newman Publisher: Rowman & Littlefield Publishers ISBN: 1442219572 Category : Social Science Languages : en Pages : 221
Book Description
Gorillas, the largest of the apes inhabiting our planet, have been a source of fear, awe, and inspiration to humans. In this book, James L. Newman brings a lifetime of study of Africa to his compelling story of the rich and varied interaction between gorillas and humans since earliest contact. He illuminates the complex relationship over time through the interlinked themes of discovery, exploitation, understanding, and continuing survival. Tragically, the number of free-living gorillas—facing habitat loss, disease, and poaching—has declined dramatically over the course of the past century, and the future of the few that remain is highly uncertain. At the same time, those in zoos and sanctuaries now lead much more secure lives than they did earlier. Newman follows this transition, highlighting the roles played by key individuals, both humans and gorillas. Among the former have been adventurers, opportunists, writers, and scientists. The latter include real gorillas, such as Gargantua and Koko, and fictional ones, notably King Kong and Mighty Joe Young. This thoughtful and engaging book helps us understand how our image of gorillas has been both distorted and clarified through culture and science for centuries and how we now control the destiny of these magnificent great apes.
Author: Teresa Brennan Publisher: Psychology Press ISBN: 9780415285223 Category : Globalization Languages : en Pages : 274
Book Description
In this elegant, lucidly argued account, Teresa Brennan argues that the evidence already exists that globalization has for years been harming not just the poor of the third world but also its alleged beneficiaries in the affluent west.
Author: Jeffrey D. Sachs Publisher: Columbia University Press ISBN: 0231550480 Category : Political Science Languages : en Pages : 369
Book Description
Today’s most urgent problems are fundamentally global. They require nothing less than concerted, planetwide action if we are to secure a long-term future. But humanity’s story has always been on a global scale. In this book, Jeffrey D. Sachs, renowned economist and expert on sustainable development, turns to world history to shed light on how we can meet the challenges and opportunities of the twenty-first century. Sachs takes readers through a series of seven distinct waves of technological and institutional change, starting with the original settling of the planet by early modern humans through long-distance migration and ending with reflections on today’s globalization. Along the way, he considers how the interplay of geography, technology, and institutions influenced the Neolithic revolution; the role of the horse in the emergence of empires; the spread of large land-based empires in the classical age; the rise of global empires after the opening of sea routes from Europe to Asia and the Americas; and the industrial age. The dynamics of these past waves, Sachs demonstrates, offer fresh perspective on the ongoing processes taking place in our own time—a globalization based on digital technologies. Sachs emphasizes the need for new methods of international governance and cooperation to prevent conflicts and to achieve economic, social, and environmental objectives aligned with sustainable development. The Ages of Globalization is a vital book for all readers aiming to make sense of our rapidly changing world.
Author: Daniel Cohen Publisher: MIT Press ISBN: 0262266636 Category : Business & Economics Languages : en Pages : 205
Book Description
A provocative argument that the frustrations of globalization stem from the gap between the expectations created and the lagging economic reality in poor countries. The enemies of globalization—whether they denounce the exploitation of poor countries by rich ones or the imposition of Western values on traditional cultures—see the new world economy as forcing a system on people who do not want it. But the truth of the matter, writes Daniel Cohen in this provocative account, may be the reverse. Globalization, thanks to the speed of twenty-first-century communications, shows people a world of material prosperity that they do want—a vivid world of promises that have yet to be fulfilled. For the most impoverished developing nations, globalization remains only an elusive image, a fleeting mirage. Never before, Cohen says, have the means of communication—the media—created such a global consciousness, and never have economic forces lagged so far behind expectations. Today's globalization, Cohen argues, is the third act in a history that began with the Spanish Conquistadors in the sixteenth century and continued with Great Britain's nineteenth-century empire of free trade. In the nineteenth century, as in the twenty-first, a revolution in transportation and communication did not promote widespread wealth but favored polarization. India, a part of the British empire, was just as poor in 1913 as it was in 1820. Will today's information economy do better in disseminating wealth than the telegraph did two centuries ago? Presumably yes, if one gauges the outcome from China's perspective; surely not, if Africa's experience is a guide. At any rate, poor countries require much effort and investment to become players in the global game. The view that technologies and world trade bring wealth by themselves is no more true today than it was two centuries ago. We should not, Cohen writes, consider globalization as an accomplished fact. It is because of what has yet to happen—the unfulfilled promises of prosperity—that globalization has so many enemies in the contemporary world. For the poorest countries of the world, the problem is not so much that they are exploited by globalization as that they are forgotten and excluded.
Author: Marcello Carmagnani Publisher: Univ of California Press ISBN: 0520267494 Category : History Languages : en Pages : 328
Book Description
Introduction: Latin America in world history -- Entry -- The invasion -- The search for new connections -- The Ibero-American world -- The international context -- The components of the Ibero-American world -- Revival -- The international context : continuity and discontinuity -- The new states are born -- The Euro-American world -- From European to international concert -- Latin America in the international order -- Latin America in the international economy -- Toward a new society -- The liberal-republican political order -- Westernization -- From international disorder to the new diplomacy -- Latin America in the international economy -- The secularization of society -- The westernization of politics -- Conclusion: Latin America in world history : historical forms and trends.
Author: Lucas V. M. Bento
Author: Lucas V. M. Bento
Author: Ian Goldin
Author: Ole J. Mjos
Author: Christoph Kalter
Author: Scott L. Montgomery
Author: James L. Newman
Author: Teresa Brennan
Author: Jeffrey D. Sachs
Author: Daniel Cohen
Author: Marcello Carmagnani