Description: Treatment of Foreign Law - Dynamics towards Convergence? Please note: this item is printed on demand and will take extra time before it can be dispatched to you (up to 20 working days). Author(s): Yuko Nishitani Format: Paperback Publisher: Springer International Publishing AG, Switzerland Imprint: Springer International Publishing AG ISBN-13: 9783319859460, 978-3319859460 Synopsis 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.
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Location: Aldershot
End Time: 2025-01-22T12:39:54.000Z
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Book Title: Treatment of Foreign Law - Dynamics towards Convergence?
Number of Pages: 643 Pages
Publication Name: Treatment of Foreign Law-Dynamics Towards Convergence?
Language: English
Publisher: Springer International Publishing A&G
Item Height: 235 mm
Subject: Law
Publication Year: 2018
Type: Textbook
Item Weight: 997 g
Subject Area: International Law, Civil Law
Author: Yuko Nishitani
Item Width: 155 mm
Series: Ius Comparatum-Global Studies in Comparative Law
Format: Paperback
