Jurisdiction and Cross-Border Collective Redress

Jurisdiction and Cross-Border Collective Redress

Author: Alexia Pato

Publisher: Bloomsbury Publishing

Published: 2019-07-11

Total Pages: 367

ISBN-13: 1509930310

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In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.


Disabled People and the Right to Life

Disabled People and the Right to Life

Author: Luke Clements

Publisher: Routledge

Published: 2008-01-18

Total Pages: 517

ISBN-13: 1134134436

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The most basic of human rights, the right to life, is the focus of this book. 'Human rights' has increasingly come to be seen as a significant framework, both to aid understanding of the experiences of those who face oppression, and to underpin social, legal and political measures to counter it. Disabled People and the Right to Life uses this framework to explore how disabled people’s right to life is understood in different national contexts and the ways in which they are – or are not – afforded protection under the law, emphasizing the social, cultural and historical forces and circumstances which have promoted disabled people’s right to life or legitimated its violation. Written by an international panel of contributors including individuals holding public office, academics from the fields of law, social policy, disability studies and bioethics as well as practitioners and activists attempting to further disabled people’s human rights, this truly interdisciplinary book will be of interest to students and researchers of disability, law, social policy and human rights.


Courts and Social Transformation in New Democracies

Courts and Social Transformation in New Democracies

Author: Roberto Gargarella

Publisher: Routledge

Published: 2017-03-02

Total Pages: 323

ISBN-13: 1351947958

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Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.


Russian Law Journal

Russian Law Journal

Author: Dmitry Maleshin

Publisher: Статут

Published:

Total Pages: 160

ISBN-13:

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The “Russian Law Journal” (RLJ) magazine is one of the first English-language legal academic editions regularly published in Russia. It is an All-Russian interuniversity platform designed to promote Russian legal researches abroad. The magazine is meant for both Russian and foreign readers including major world legal libraries, academics and practicing lawyers. International editorial board and editorial team are represented by professors from leading world centers of legal education and legal science, like Harvard, Yale, Cambridge and La Sorbonne, as well as by scientists from Russian law schools (Moscow State University, Kutafin Moscow State Law University, Saint-Petersburg State University, Higher School of Economics).


Class Actions in Context

Class Actions in Context

Author: Deborah R. Hensler

Publisher: Edward Elgar Publishing

Published: 2016-05-27

Total Pages: 443

ISBN-13: 1783470445

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In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'. Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation, and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much. This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understanding the potential impact of new legal instruments; and global lawyers who litigate transnationally. Contributors:A. Barroilhet, C. Cameron, N. Creutzfeldt, M.A. Gómez, A. Halfmeier, D.R. Hensler, C. Hodges, K.-C. Huang, J. Kalajdzic, A. Klement, B. Stier, E. Thornburg, I. Tzankova, S. Voet


World Class Actions

World Class Actions

Author: Paul G. Karlsgodt

Publisher: Oxford University Press, USA

Published: 2012-09-13

Total Pages: 854

ISBN-13: 0199730245

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Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction.


Comparative Law for Spanish–English Speaking Lawyers

Comparative Law for Spanish–English Speaking Lawyers

Author: S.I. Strong

Publisher: Edward Elgar Publishing

Published: 2016-11-25

Total Pages: 721

ISBN-13: 1849807876

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Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish- speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose of helping lawyers develop the practical skills essential for success in today’s increasingly international legal market, this book aims to arm its readers with the tools needed to translate unfamiliar legal terms and contextualize the legal concepts and practices used in foreign legal systems. Comparative Law for Spanish–English Speaking Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.


Occupational Safety and Hygiene

Occupational Safety and Hygiene

Author: Pedro Arezes

Publisher: CRC Press

Published: 2013-04-04

Total Pages: 648

ISBN-13: 1138000477

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Occupational Safety and Hygiene presents selected papers from the International Symposium on Occupational Safety and Hygiene – SHO2013 (Guimarães, Portugal, 14-15 February 2013), which was organized by the Portuguese Society for Occupational Safety and Hygiene (SPOSHO). The contributions from 15 different countries focus on: - Occupational safety - Risk assessment - Safety management - Ergonomics - Management systems - Environmental ergonomics - Physical environments - Construction safety - Human factors The papers included in the book are mainly based on research carried out at universities and other research institutions, but they are also based on practical studies developed by Occupational Health & Safety (OHS) practitioners within their companies. As a result, this book will be useful to get acquainted with the state-of-the-art of the research within the aforementioned domains, as well as with some practical tools and approaches that are currently used by OHS professionals worldwide.