Recognition and Enforcement
Author: Haggai Carmon
Publisher: Springer Science & Business Media
A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign in rem judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed. The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone seeking answers to the questions examined in the book, whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers. Haggai Carmon’s book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues...Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader. -Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court
Author: Talia Einhorn
Publisher: Kluwer Law International
Israel's private international law (PIL) regime is not codified, nor is it clearly traceable to any one legal system. For these reasons, this volume serves an immensely useful purpose for foreign parties with interests in Israel. It sets forth, in clear and comprehensive detail, all the elements of practice necessary to protect rights or assets of any nature of foreign aspect but likely to fall under Israeli law or under the jurisdiction of an Israeli court. Among the book's many practice-oriented pointers and clarifications the reader will find the following and more: national and international sources of Israeli PIL; types of choice-of-law rules; characterization of legal matters; natural and legal persons; contractual and non-contractual obligations; property law (movables, immovables, trusts, cultural property) intellectual and industrial property rights; companies organized under the civil or commercial law of any state; insolvency; family law and succession; scope of international jurisdiction in Israeli courts; proof of foreign law; judicial assistance; recognition and enforcement of foreign judgements; international arbitration; and the role of literature and legal doctrine. Because the style and method of legal development in Israel has primarily followed the tradition of the common law, the author recognizes that case law is the first place to look to find out what Israeli law says on any given matter. Her approach is also particularly valuable in that she does not confine her study to the rules already existing in Israeli PIL, but establishes rules in areas where such are missing, guided by the methods and principles which the court and legislature would have adopted had they been confronted with these problems. The book will be especially useful to the many international business people and their counsel with interests in Israel. It will also serve as an admirable and clear statement of Israeli PIL for academic purposes.
Rules, Practice and Strategies
Author: Wenliang Zhang
As civil and commercial contacts between China and other countries increase exponentially, so do the disputes that result from these interactions. Efficient resolution of these ensuing disputes demands cross-border movement of judgments. However, beyond some divorce and bankruptcy matters, to date hardly any foreign judgments have been recognized in China. This harsh reality calls for a full investigation of the relevant Chinese legal environment e an investigation which will enhance availability of legal remedies in China and uncover effective strategies of dispute resolution containing Chinese elements."
Author: Robert E. Lutz
Publisher: Cambridge University Press
This 2007 book assists lawyers in navigating the procedures and strategies in enforcing foreign judgments.
Author: Andreas A. Frischknecht,Yasmine Lahlou,Gretta L. Walters
Publisher: Bulletin of Comparative Labour
About this book: Enforcement of Foreign Arbitral Awards and Judgments in New York, more thoroughly than any other source, shows practitioners how to navigate the enforcement landscape in New York. A favorable arbitral award or judgment at the end of a dispute holds little value unless the prevailing party is able to enforce it, and this book provides an in-depth analysis of all aspects of enforcement and execution, covering U.S. civil procedure, statutes, and case law on enforcement of foreign arbitral awards and judgments, the nuances of the New York courts' interpretations of the New York and Panama Conventions on arbitral award enforcement, and the practicalities of ultimately obtaining payment on a foreign award or judgment. New York is a leading global financial center known for its pro-enforcement policies and the powerful discovery tools it makes available to creditors. No other resource explores the current state of the law in New York as comprehensively as this book. What's in this book: Beyond its sheer practical significance given the likelihood of debtors having assets in (or routing U.S. dollar transactions through) New York, this book provides creditors and their counsel with the critical information they need to define their global enforcement strategy and facilitate their enforcement efforts not only in New York but potentially worldwide. Among the issues and topics that the book tackles are the following: review of the fundamentals of U.S. practice and procedure for non-New York practitioners; easy to understand, jargon-free explanation of the often daunting state and federal procedures for enforcement; up-to-date, clear presentation of the relevant case law, including key state and federal decisions; explanation of how state and federal laws intersect with international law; review of significant recent developments impacting a creditor's ability to reach foreign defendants and their assets outside the U.S. in post-judgment execution proceedings; and comprehensive advice on the practicalities of executing a judgment. In a broader sense, this book aims to become the go-to resource for creditors and debtors (and their counsel) contemplating potential enforcement proceedings in New York--a key global enforcement jurisdiction. How this will help you: Given the critical role, New York plays in a host of cross-border transactions and its status as a hub for worldwide judgment and award enforcement, the demand to better understand the laws and judicial system within the state has never been higher. This comprehensive yet practical guide to navigating award and judgment enforcement in New York provides the understanding of both the basics and the nuances in this area that is critical for any domestic or international practitioner when advising a client as to the likelihood of collection in or through New York.
Author: American Bar Association. Section of International Law and Practice
Publisher: Section of International Law
Author: Richard Frimpong Oppong
Publisher: Cambridge University Press
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
A Dan Gordon Intelligence Thriller
Author: Haggai Carmon
Attorney and former intelligence officer Dan Gordon finds himself caught in an international conspiracy involving murder, espionage, and kidnapping when he investigates a Romanian banker who is laundering stolen Canadian money.
A Report on the Banality of Evil
Author: Hannah Arendt
Category: Social Science
The controversial journalistic analysis of the mentality that fostered the Holocaust, from the author of The Origins of Totalitarianism Sparking a flurry of heated debate, Hannah Arendt’s authoritative and stunning report on the trial of German Nazi leader Adolf Eichmann first appeared as a series of articles in The New Yorker in 1963. This revised edition includes material that came to light after the trial, as well as Arendt’s postscript directly addressing the controversy that arose over her account. A major journalistic triumph by an intellectual of singular influence, Eichmann in Jerusalem is as shocking as it is informative—an unflinching look at one of the most unsettling (and unsettled) issues of the twentieth century.
Author: Shimon Shetreet,Walter Homolka
Publisher: Walter de Gruyter GmbH & Co KG
This book provides a concise introduction to the basics of Jewish law. It gives a detailed analysis of contemporary public and private law in the State of Israel, as well as Israel’s legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality. It is the ultimate book for anyone interested in Israeli Law and its politics. Authors Shimon Shetreet is the Greenblatt Professor of Public and International Law at the Hebrew University of Jerusalem, Israel. He is the President of the International Association of Judicial Independence and World Peace and heads the International Project of Judicial Independence. In 2008, the Mt. Scopus Standards of Judicial Independence were issued under his leadership. Between 1988 and 1996, Professor Shetreet served as a member of the Israeli Parliament, and was a cabinet minister under Yitzhak Rabin and Shimon Peres. He was senior deputy mayor of Jerusalem between 1999 and 2003. He was a Judge of the Standard Contract Court and served as a member of the Chief Justice Landau Commission on the Israeli Court System. The author and editor of many books on the judiciary, Professor Shetreet is a member of the Royal Academy of Science and Arts of Belgium. Rabbi Walter Homolka PhD (King’s College London, 1992), PhD (University of Wales Trinity St. David, 2015), DHL (Hebrew Union College, New York, 2009), is a full professor of Modern Jewish Thought and the executive director of the School of Jewish Theology at the University of Potsdam (Germany). The rector of the Abraham Geiger College (since 2003) is Chairman of the Leo Baeck Foundation and of the Ernst Ludwig Ehrlich Scholarship Foundation in Potsdam. In addition, he has served as the executive director of the Masorti Zacharias Frankel College since 2013.The author of "Jüdisches Eherecht" and other publications on Jewish Law holds several distinctions: among them the Knight Commander’s Cross of the Austrian Merit Order and the 1st Class Federal Merit Order of Germany. In 2004, President Jacques Chirac admitted Rabbi Homolka to the French Legion of Honor.
Author: Adrian Briggs
Publisher: CRC Press
Now in a fully updated sixth edition, this book is an established treatise in the field of civil jurisdiction and judgments. It states, analyses, illuminates and evaluates the law of civil jurisdiction and the enforcement of foreign judgments in English law, with this new edition taking into account the implications of the new Brussels I Regulation recast, Regulation (EU) 1215/2012, as well as the great number of developments in the case law which have taken place since 2009. This book looks in detail at the jurisdictional rules put in place by the (recast) Brussels I Regulation the common law rules of jurisdiction the principles according to which that jurisdiction will or will not be exercised the extent to which proceedings before a foreign court may be assisted or impeded obtaining interim and interlocutory relief recognition and enforcement of foreign judgments This text is an authoritative and comprehensive reference for all legal professionals working in commercial law across jurisdictions.
A Brief History of Israeli-Palestinian Negotiations and a Way Forward in the Middle East
Author: George J. Mitchell,Alon Sachar
Publisher: Simon and Schuster
The “illuminating” (Los Angeles Times) answer to why Israel and Palestine’s attempts at negotiation have failed and a practical, “admirably measured” (The New York Times) roadmap for bringing peace to the Middle East—by an impartial American diplomat experienced in solving international conflicts. George Mitchell knows how to bring peace to troubled regions. He was the primary architect of the 1998 Good Friday Agreement for peace in Northern Ireland. But when he served as US Special Envoy for Middle East Peace from 2009 to 2011—working to end the Israeli-Palestinian conflict—diplomacy did not prevail. Now, for the first time, Mitchell offers his insider account of how the Israelis and the Palestinians have progressed (and regressed) in their negotiations through the years and outlines the specific concessions each side must make to finally achieve lasting peace.
A Test Bench for International Justice
Author: Chantal Meloni,Gianni Tognoni
Publisher: Springer Science & Business Media
The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.
Its Role, Function and Organization
Author: Walter Kolvenbach
Publisher: Springer Science & Business Media
This study attempts to describe the role of the company law department within the company, its relation to company management and the employees who use the services of the company lawyers. It, furthermore, tries to explain that the legal advice is only one part of the operation of a legal department in a business enterprise. Other important aspects are the legal costs, organiza tional questions and coordination problems within the department as well as the relationship of the company legal department with the other departments in the enterprise and, last but not least, the relationship between house counsel and outside counsel. The increasing volume of legislation and regulations in all industrialized -countries resulted in an increase in the number of company legal departments and company lawyers. All large companies now have their own company legal department. Therefore, it seems appropriate to attempt to describe some aspects relating to this part of the legal profession, which is relatively new, and which has developed differently from country to country. The position of the company counsel and his relationship with the company and its em ployees, his professional background and his relationship with the Bar are important subjects which require further study.
Author: Jürgen Basedow
Publisher: Edward Elgar Publishing
Category: Comparative law
The Encyclopedia of Private International Law quite simply represents the definitive reference work in the field. Bringing together 195 authors from 57 countries the Encyclopedia sheds light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration.The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level.The Encyclopedia is a rich and varied resource in four volumes. The first two volumes provide comprehensive coverage of topical aspects of Private International Law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national Private International Law regimes of 80 different countries. The fourth volume presents invaluable, and often unique, English language translations of the national codifications and provisions of Private International Law in those countries.Key Features:* 247 substantive entries* 80 national reports* Entries organized alphabetically for ease of navigation * Fully cross-referenced* Entries written by the world's foremost scholars of Private International Law* National codifications in English collected together into a single volume for quick reference* World class editor team.
Category: Conflict of laws
Author: Maebh Harding
Conflict of Laws provides a straight-forward and accessible introduction to English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments in England. Recent years have seen an increased ‘Europeanization’ of English Law which has transformed the subject and this fifth edition takes into account key recent developments and regulations including proposed changes to Brussels I, Rome II, The Maintenance Regulation, Rome III, the proposed Rome IV and the proposed Succession Regulation. Harding provides students with a clear understanding using pedagogic methods such as; Key Issues checklists at the start of every chapter to help track important points for further study Figures are used to aid understanding through visual learning Further Reading is included at the end of every chapter to enourage and support additional study Further developments addressed in the fifth edition include: • The use of common law doctrines in EU cases such as West Tankers. • The EU imperative for family relationships to be recognized across the EU in the context of citizen’s rights. • Civil Partnerships and recognition of same sex partnership. • Rome III, Rome IV and the distinction between maintenance and matrimonial property. • Adoption, Parental Responsibility and International Child Abduction • Surrogacy and Assisted Reproduction Conflict of Laws is an ideal choice for undergraduate and postgraduate students seeking a comprehensive yet accessible introduction to private international law.
The Demise of the Two-State Solution
Author: Jamil Hilal
Publisher: Zed Books Ltd.
Category: Political Science
Where Now for Palestine? marks a turning point for the Middle East. Since 2000, the attacks of 9/11, the death of Arafat and the elections of Hamas and Kadima have meant that the Israel/Palestine 'two-state solution' now seems illusory. This collection critically revisits the concept of the 'two-state solution' and maps the effects of local and global political changes on both Palestinian people and politics. The authors discuss the changing face of Fateh, Israeli perceptions of Palestine, and the influence of the Palestinian diaspora. The book also analyzes the environmental destruction of Gaza and the West bank, the economic viability of a Palestinian state and the impact of US foreign policy in the region. This authoritative and up-to-date guide to the impasse facing the region is required reading for anyone wishing to understand a conflict entrenched at the heart of global politics.
Author: Gary N. Heilbronn,Christine N. Booth,Helen McCook
Author: James R. Silkenat,Charles D. Schmerler
During the past several years, there have been an unprecedented number of insolvencies and restructurings of multinational corporations, both inside and outside of traditional bankruptcy proceedings. The Law of International Insolvencies and Debt Restructurings is the first treatise to analyze the newly created doctrines of law and procedure that have developed as insolvencies and restructurings have become increasingly international in character and now frequently involve the laws of numerous jurisdictions. Leading attorneys address developments in bankruptcy and insolvency laws in the countries that have become the focal points for legal proceedings, including the United States, Mexico, England, Spain, Italy, Argentina, Brazil, China, France, Japan, and Canada. Essential topics in the law of international restructuring and insolvency are also explored in depth, including national legislation and procedures, treaties and cooperation agreements, sovereign debt litigation, and inter-creditor relationships. Coverage includes: · Methods of restructuring multinational corporate and sovereign debt · Judicial bankruptcy proceedings · Rights of creditors · Jurisdiction and venue · European Council Regulations · Choice of Law · Dispute resolution · Access by foreign parties to U.S. bankruptcy courts