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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 ...openaire +1 more source
Civil Judicial Cooperation: A Scottish Experience
2019This 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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Judicial Cooperation Including Obtaining Evidence
2017Abstract 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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International Judicial Cooperation as the Architecture of Engagement
2019This chapter analyses the idea that international judicial cooperation shows the level of engagement of one state with others and with people all over the world. One point that is explored is the use of the arbitration framework as a model to enhance international cooperation: the system adopted by the 1958 New York Convention has proved to be very ...
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Judicial Cooperation: Resolving the Differing Approaches
2019This 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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The Future of Police and Judicial Cooperation in the EU
2010[Since the early 1990s, cross-border police and judicial cooperation has become a very important domain of the European Union. The Lisbon Treaty – if accepted by all the Member States – will certainly be a major stimulus to its further development in the field of internal security as well as in the field of external policy.
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