Empagran's Empire

Empagran's Empire
Author: Ralf Michaels
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

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In its Empagran decision in 2004, the US Supreme Court decided that purchasers on foreign markets could not invoke US antitrust law even against a global cartel that affects also the United States. This article, forthcoming in a volume dedicated to the history on international law in the US Supreme Court, presents three radically different readings of the opinion. The result is that Empagran is a decision that is transnationalist in rhetoric, isolationist in application, and hegemonial in its effect. A decision with a seemingly straightforward argument is found riddled in the conflict between these different logics. A decision with few references to international law displays deep links to some of the most pressing international law issues. A decision with a forward-looking globalization rhetoric finds itself mired in history. A decision praising harmony displays somber parallels to decisions refusing interference with the evil of slave trade. This has implications for our understanding of international law today, and for its place in its own history.

International Law in the U.S. Supreme Court

International Law in the U.S. Supreme Court
Author: David L. Sloss
Publisher: Cambridge University Press
Total Pages: 655
Release: 2011-04-25
Genre: Law
ISBN: 1139497863

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This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role.

Trademark and Unfair Competition Conflicts

Trademark and Unfair Competition Conflicts
Author: Tim W. Dornis
Publisher: Cambridge University Press
Total Pages: 699
Release: 2017-02-23
Genre: Law
ISBN: 1107155061

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This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.

Aquaculture Magazine

Aquaculture Magazine
Author:
Publisher:
Total Pages: 578
Release: 2007
Genre: Aquaculture
ISBN:

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Promoting Foreign Judgments

Promoting Foreign Judgments
Author: Pontian N. Okoli
Publisher: Kluwer Law International B.V.
Total Pages: 356
Release: 2019-10-07
Genre: Law
ISBN: 9403511125

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In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.

International Arbitration and Global Governance

International Arbitration and Global Governance
Author: Walter Mattli (politicoloog.)
Publisher: Oxford University Press, USA
Total Pages: 263
Release: 2014
Genre: Law
ISBN: 0198716729

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International Arbitration and Global Governance is the first book offering a wide-ranging and up-to-date analytical overview of arguments in a vigorous nascent interdisciplinary debate about international arbitration courts and their exercise of private governance power.

United States Reports

United States Reports
Author: United States. Supreme Court
Publisher:
Total Pages: 1204
Release: 2008
Genre: Law reports, digests, etc
ISBN:

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Diversity and Integration in Private International Law

Diversity and Integration in Private International Law
Author: Veronica Ruiz Abou-Nigm
Publisher: Edinburgh University Press
Total Pages: 416
Release: 2019-08-21
Genre: Law
ISBN: 1474447872

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Bringing together academics and private international lawyers from a wide range of jurisdictions and institutions, this volume explores how private international law can best contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society.

United States Report

United States Report
Author:
Publisher: Government Printing Office
Total Pages: 1216
Release:
Genre:
ISBN:

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