CiNii 図書 - The internationalisation of law : legislating, decision-making, practice and education

`This stimulating volume of essays seamlessly integrates theoretical and practical perspectives to wrestle with fundamental issues of law and legal education in the 21st century. Using an integrated framework, the editors demonstrate that the challenges raised by internationalization can no longer be left to a small group of comparative and international lawyers, but rather require fundamental engagement from everyone in the law. Highly recommended.' - Thomas Ginsburg, University of Chicago Law School, US `This is a rich and fascinating collection of essays on the internationalisation of law. It offers an important exploration of what lies ahead in making law, resolving disputes and researching and teaching law in an increasingly globalising world. Academics and practitioners all over the world will find this book immensely useful.' - Jan M. Smits, Tilburg University, The Netherlands `This fascinating collection of essays marks the 20th anniversary of Bond Law School in Australia. The essays deal with the internationalisation of law in all its dimensions, whether it be in law teaching, legal research, legislation or attitudes to risk and regulation which is particularly pertinent in view of the global financial crisis. The breadth of coverage of the book increases its appeal to scholars and policy makers from a range of sub-disciplinary perspectives. It deserves to be read widely and is an extremely valuable addition to any practitioner or academic library.' - Gerard McCormack, University of Leeds, UK This insightful book explores the acute challenges presented by the `internationalisation' of law, a trend that has been accelerated by the growing requirement for academics and practitioners to work and research across countries and regions with differing legal traditions. The authors have all confronted these challenges of internationalisation through their extensive knowledge and experience in civil law, common law and mixed jurisdictions around the globe. Their analysis of the implications for researchers and teachers, as well as practitioners, law-makers and reformers is original and their different proposals for dealing with the challenges are both practical and at times, radical. This book is a must-read for those exposed to the internationalisation of law, be they academics, cross border practitioners, judges, arbitrators, or those engaged in legal reform and policy.

Contents: Foreword John O. Haley Preface Mary Hiscock and William van Caenegem The Internationalisation of Law: Introductory and Personal Thoughts for the Symposium Mary Hiscock PART I: INTERNATIONALISATION OF LEGISLATING 1. Internationalisation of Law - The 'Complex' Case of Bank Regulation Lawrence G. Baxter 2. Internationalisation and Statutory Interpretation - Looking Wide and Looking Deep Suzanne Corcoran 3. Reform, Regulation and Risk: The Internationalisation of Legislation and Legal Policy Les McCrimmon PART II: INTERNATIONALISATION OF LEGAL PRACTICE 4. Law: A Global Practice - Perspectives on the Internationalisation of Legal Services Markets John Corcoran 5. Internationalisation of the Legal Profession in Japan: Integration by Increments Vicki L. Beyer 6. The Export of Professional Legal Services: ILSAC and the Australian Experience Ian Govey PART III: INTERNATIONALISATION OF LAW TEACHING 7. Development Assistance in the Field of Legal Education Michael Bogdan 8. The Internationalisation of Legal Education: A Road Increasingly Travelled Vai lo Lo PART IV: INTERNATIONALISATION OF LEGAL RESEARCH 9. Lawyers in Magellan's World John O. Haley 10. Internationalisation or Isolation: The Australian Cul de Sac? The Case of Contract Justice Paul Finn 11. Internationalisation of Legal Research: Finding Facts and Finding Law Before the Next Big Crash Patrick Quirk PART V: INTERNATIONALISATION OF DECISION-MAKING - LITIGATION 12. The Importance of International Developments in the Case Law of the European Court of Justice: Kadi and the Autonomy of the EC Legal Order Inge Govaere 13. The Influence of Scholarly Writing Upon the Courts in Europe Pierre-Yves Gautier 14. Oil and Water? International Law and Domestic Law in Australia Chief Justice Robert French PART VI: INTERNATIONALISATION OF DECISION-MAKING - ARBITRATION 15. The New York Convention as a Driving Force Clyde Croft SC 16. International Arbitration and Competing Dispute Resolution Options Lawrence Boulle 17. Internationalisation of Decision-Making - Arbitration Lawrence Boo PART VII: CONCLUSION Epilogue Mary Hiscock and William van Caenegem Appendix: Symposium Program Index

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The internationalisation of law : legislating, decision-making, practice and education

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