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Regional Judicial Institutions and Economic Cooperation: [PDF]

, 2013
Why is Asia lagging behind other regions in creating regional judicial institutions? What lessons from the operation of such institutions elsewhere could be valuable to Asian regional economic integration? I show that Asian states are not unusually averse to refer inter-state disputes over trade, investment, and territory to global judicial ...
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Judicial Cooperation In Criminal Matters. A Swiss Approach

2010
The aim of this chapter is to demonstrate that the European Union should take advantage of the Swiss experience of cooperation in criminal matters between judicial authorities from different jurisdictions. To that aim it starts with a short introduction on the principle of mutual recognition in the European Union, and the current state of play of the ...
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Judicial Cooperation Including Obtaining Evidence

2017
Abstract This chapter argues that there is potential for conflict between common and civil law jurisdictions where the approach to preparation for trial, and through that the taking of evidence, differ to a large degree. In common law jurisdictions, where it is usual for private parties to be proactively involved in the evidence ...
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European Judicial Cooperation in Criminal Matters

European Law Journal, 2003
Abstract: European judicial cooperation in criminal matters has its origins under Title VI as part of the Third Pillar (JHA) of the Treaty on European Union, signed on 7 February 1992 in Maastricht. Nevertheless, there have been important amendments to this Treaty and to the contents of the Justice and Home Affairs policy through the Treaty of ...
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Civil Judicial Cooperation: A Scottish Experience

2019
This chapter presents an overview of the historical circumstances leading to a division of competence between “making” private international law in foreign affairs terms; and giving effect to (“doing”) private international law domestically. Drawing on this dichotomy, the chapter reflects on a Scottish experience of judicial cooperation in practice ...
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International Enforcement Cooperation and Judicial Assistance

2008
AbstractThis chapter discusses the various forms of international competition law enforcement cooperation pursued by the international community. Section 13.2 briefly surveys the existing international arrangements for cooperation on competition law. Sections 13.3 to 13.6 discuss four major international competition law issues identified in previous ...
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Judicial Cooperation In Europe: Is Exequatur Still Necessary?

International Journal of Procedural Law, 2011
The paper deals with the proposal of the European Commission concerning the abolition of the exequatur proceedings in the subject-matter of EU Regulation n. 44/2001. The author thinks that such abolition is a goal which may be really achieved, above all after the entering in force of the treaty of Lisbon.
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Judicial Cooperation: Resolving the Differing Approaches

2019
This chapter looks at two aspects of international judicial co-operation: service of process abroad and the taking evidence abroad. Common law and civil law traditions have very different approaches. Common law countries see both as matters for the parties, with only limited assistance from State authorities. Civil law countries see them as matters for
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Chapter 3 Judicial Cooperation in Civil Matters

2019
Civil cooperation in civil matters serves the purpose of facilitating the mutual recognition of judgments in this field, with the ultimate goal of allowing a judgment handed down in one MS to circulate freely throughout the Union. It was included within the scope of the EC Treaty for the first time in 1999 with the entry into force of the ToA ...
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Regional Judicial Cooperation and Dialogue

Abstract This chapter explores intra-Asian judicial dialogues that take place through personal encounters or electronic means. It suggests that instances of such judicial cooperation can vary in design along four dimensions: bilateral-multilateral, generalist-specialist, ad hoc-systematic, and formal-informal; and it illustrates the ...
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