In this challenging interdisciplinary book, Lea Brilmayer seeks to alter the terms in which we discuss the ethics of international relations. Traditionally, such relations have been thought to concern the "horizontal" interactions between sovereign nation-states, and have been studied quite separately from the "vertical" relations between individuals and their national governments, which are thought to be the object of mainstream political theory. Arguing that this view has impoverished our thinking about international politics, Brilmayer maintains that problems in international relations, like those that arise in domestic political life, must be considered in terms of the political theory that legitimates the domestic governments of the nations involved.
Lea Brilmayer, Professor at New York University, devotes this course to the American choice of law theory, and more particularly to the role of substantive policies with regard to the formation and application of choice of law rules. Professor Brilmayer is particularly interested in the system of legal realism. The general introduction to her course is dedicated to the problem of choice of law rules, the subsequent chapters focus on choice of choice of law rules, substantive policies and their role in choice of law, choice of policies concerning choice of laws, and the role of legislatures and courts in this matter"--Publisher's description.
Written by leading Conflict of Laws scholars, Conflict of Laws: Cases and Materials, Eighth Edition, presents a balanced study of Conflict of Laws, otherwise known as Private International Law. The book begins with a discussion of traditional approaches to choice-of-law problems, both inter-state and international, followed by an examination of how modern courts and commentators have struggled to formulate new and better approaches. The remaining broad topics—constitutional limitations on choice of law, personal jurisdiction, conflicts in the federal system, recognition and enforcement of judgments, extraterritorial application of federal law, choice of legal regimes, and choice of law in complex litigation—are considered in light of the wisdom derived from consideration of the basic choice-of-law problems. New to the Eighth Edition: Addition of new co-author Carlos M. Vázquez, a leading scholar in Conflict of Laws as well as the adjacent fields of International Law and Foreign Relations Law Expanded coverage of Conflict of Laws in the international context, with a focus on the increasingly important topic of extraterritorial application of federal law New Supreme Court decisions on personal jurisdiction and constitutional limits on choice of law Expanded coverage of choice of law in marriage and divorce Discussion of draft Third Restatement of Conflict of Laws Professors and students will benefit from: A balance of historical and recent cases, with problems that test application of case precedents A balance between theoretical and practical aspects of Conflict of Laws, with coverage of state law and comparative perspectives where appropriate Focus on Choice of Law Broader coverage of extraterritorial application of federal law than any leading Conflict of Laws casebook Modern applications to internet disputes, complex litigation, party autonomy, and jurisdictional competition, among other cutting-edge topics
It's not a casebook; it's not a hornbook; it's not a traditional study aid. It's a short and extremely readable introduction to the five essential concepts of contract law: consideration, offer and acceptance, parol evidence, conditions, and quasi-contract. Contracts: The Five Essential Concepts focuses on the ideas that first year contracts students are most likely to find confusing. Written in a relaxed, informal and nontechnical style, this book explains the five basic concepts using humorous anecdotes and familiar, relevant examples from daily life such as buying a laptop online, signing a lease, and taking out a student loan. It is the perfect supplement to a traditional casebook because it explains the logic underlying the most significant precedents without "hiding the ball" and in an intuitively appealing way. Contracts: The Five Essential Concepts will be of great interest both to professors wishing to assign or recommend readings to supplement an existing syllabus, as well as to students looking for assistance in deciphering the readings that the professor assigns. Recent graduates reviewing contract law for the bar exam will find it invaluable, as will foreign graduate students whose knowledge of American contracts law is limited. Members of the general public wishing to understand what contract law is all about will be delighted by the book's clear tone and engaging presentation. Totally unique in both ambition and realization, this book belongs on the shelf of every reader with some reason to understand the basics of the American law of contracts"--
This work debates questions such as the moral right of one nation to act as the world's policeman and dominate others. It discusses moral issues raised by America's status as the sole world superpower after the end of the Cold War.
International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book authors examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments.
Conflict of Laws: Cases and Materials combines classic and recent cases with discussion designed to develop students' ability to develop a nuanced understanding of this complex field of law. An esteemed author team explores both theoretical and practical aspects of conflicts, with a clear and
Though perhaps still in its infancy, globalization has quickly become one of the most dramatic phenomena in recent human history. As the international mobility of capital continues to accelerate and the information revolution renders the idea of a global village ever more vivid, we need to ask what effect this globalization is having on the citizens of this increasingly interconnected world. What conflicts arise as markets merge and multinational corporations acquire a level of influence and power that increasingly challenges governmental authority? How do we now distinguish between the local and the national and international, and prioritize our commitments to each? How has globalization affected our beliefs about rights, justice, the distribution of wealth, nationalism, statism, and responsibility, and, as importantly, our ability to act on these beliefs? Bringing together prominent scholars from the U.S. and England to address these crucial questions, Global Justice is, as are all NOMOS volumes, remarkable for the quality and originality of its essays.
In this challenging interdisciplinary book, Lea Brilmayer seeks to alter the terms in which we discuss the ethics of international relations. Traditionally, such relations have been thought to concern the "horizontal" interactions between sovereign nation-states, and have been studied quite separately from the "vertical" relations between individuals and their national governments, which are thought to be the object of mainstream political theory. Arguing that this view has impoverished our thinking about international politics, Brilmayer maintains that problems in international relations, like those that arise in domestic political life, must be considered in terms of the political theory that legitimates the domestic governments of the nations involved.
International claims commissions have, over the last few decades, established themselves as important and permanent fixtures in international adjudication. This book provides a comprehensive review and analysis of the workings and mechanics of claims commissions to assess their success and predict their utility in the future. The book authors examines the legal framework of an international claims commission and the basic elements its processing procedure, as well as exploring the difficulties and challenges associated with operating costs, remedies and compliance with judgments.
Written by leading Conflict of Laws scholars, Conflict of Laws: Cases and Materials, Eighth Edition, presents a balanced study of Conflict of Laws, otherwise known as Private International Law. The book begins with a discussion of traditional approaches to choice-of-law problems, both inter-state and international, followed by an examination of how modern courts and commentators have struggled to formulate new and better approaches. The remaining broad topics—constitutional limitations on choice of law, personal jurisdiction, conflicts in the federal system, recognition and enforcement of judgments, extraterritorial application of federal law, choice of legal regimes, and choice of law in complex litigation—are considered in light of the wisdom derived from consideration of the basic choice-of-law problems. New to the Eighth Edition: Addition of new co-author Carlos M. Vázquez, a leading scholar in Conflict of Laws as well as the adjacent fields of International Law and Foreign Relations Law Expanded coverage of Conflict of Laws in the international context, with a focus on the increasingly important topic of extraterritorial application of federal law New Supreme Court decisions on personal jurisdiction and constitutional limits on choice of law Expanded coverage of choice of law in marriage and divorce Discussion of draft Third Restatement of Conflict of Laws Professors and students will benefit from: A balance of historical and recent cases, with problems that test application of case precedents A balance between theoretical and practical aspects of Conflict of Laws, with coverage of state law and comparative perspectives where appropriate Focus on Choice of Law Broader coverage of extraterritorial application of federal law than any leading Conflict of Laws casebook Modern applications to internet disputes, complex litigation, party autonomy, and jurisdictional competition, among other cutting-edge topics
This work debates questions such as the moral right of one nation to act as the world's policeman and dominate others. It discusses moral issues raised by America's status as the sole world superpower after the end of the Cold War.
This book describes the challenges this young nation state of Papua New Guinea faces in the twenty first century as it strives for economic development and an independent voice in regional and international affairs. These challenges also include the geopolitical context in which China is exerting a growing influence.
This book explores to what extent a state owes human rights obligations to individuals outside of its territory, when the conduct of that state impacts upon the lives of those individuals. It draws upon legal and political philosophy to develop a theory of extraterritoriality based on the nature of human rights, merging accounts of economic, social, and cultural rights with those of civil and political rights Lea Raible outlines four main arguments aimed at changing the way we think about the extraterritoriality of human rights. First, she argues that questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, the book shows that human rights as found in international human rights treaties are underpinned by the values of integrity and equality. Third, she shows that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over those individuals. And finally, the book demonstrates that title to territory is best captured by the value of stability, as opposed to integrity and equality. On this basis, Raible concludes that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power over individuals, is met. The book applies this theory of extraterritoriality to explain the obligations of states in a wide range of cases.
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