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The Internationalisation Of Law

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The Internationalisation Of Law

Legislating, Decision-Making, Practice and Education

Mary Hiscock , William van Caenegem

Edited by Mary Hiscock, Emeritus Professor of Law, Bond University, Australia and William van Caenegem, Professor of Law, Bond University, Australia

2010 352 pp Hardback 978 1 84980 102 7
ebook isbn 978 1 84980 679 4

Hardback £100.00 on-line price £90.00

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Description
‘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.’
– Tom Ginsburg, University of Chicago Law School, US

Contents
Contributors: L.G. Baxter, V.L. Beyer, M. Bogdan, L. Boo, L. Boulle, G. Carney, J. Corcoran, S. Corcoran, J. Corkery, C. Croft, J. Farrar, P. Finn, R. French, P.-Y. Gautier, I. Govaere, I. Govey, J.O. Haley, M. Hiscock, V.I. Lo, L. McCrimmon, P. Quirk, A. Stewart, W. van Caenegem

Further information

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.

Full table of contents

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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