Full Description
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
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
