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Systemic validity has been criticised based on its supposed inability to account for the validity of so-called extra systemic norms and unconstitutional statutes. The article argues that these criticisms are not sound by demonstrating that no truly extra-systemic norm is actually recognised as valid within the legal system and by claiming that there is nothing non-systemic with unconstitutional statutes. On the other hand, with respect to norms of public international law, foreign law applied in cases of conflict of laws and the norms of the former legal system, what is concerned is not the incorporation of the norms themselves, but the contents thereof. This means that there is a norm within the legal system identical in content with an actual extra-systemic norm. This content-based incorporation is usually carried out with two different methods respectively called 'dynamic' and 'static' incorporation and neither case provides a challenge for the understanding of systemic validity. [ABSTRACT FROM AUTHOR]

The article discusses the application by U.S. federal courts of rule 44.1 of the Federal Rules of Civil Procedure in the litigation of foreign law, including the factors adversely affecting the rule's utilization like the use of expert testimony.

The newest and gradually evolving trends in global law-making have been defined by an ever increasing interplay between rules and principles of different legal orders and between national legal orders and international legal order. References in national constitutions to the binding force of international law within the domestic sphere and sometimes the primacy of such internationally-made law over national laws are now a widespread and unsurprising phenomenon. Clauses referring to international human rights, including direct applicability of specific international human rights instruments, also to international organizations such as the UN, or accession to new international organizations, including transfer of sovereignty, can also be found in a significant variety of cases. The most unique feature of these trends could, however, be the establishment of national constitutional and legal order based on, or modeled after, international law and comparative law. At a broader constitutional level, for example, the international community has played a pivotal role in the style and substance of the constitutions of a number of post-conflict, newly-formed or transformed societies (e. g., Constitutions of Cambodia, Bosnia and Herzegovina, South Africa, East Timor, Afghanistan, Iraq, Kosovo, Libya, and South Sudan). This process of constitution-making influenced by, based on, or modeled after, international law, has unique features that resonate with a cosmopolitan constitutional law-making. This paper seeks to understand the contours of this phenomenon, ascribe the proper value, and identify the degree to which contemporary constitution-making conforms to the original ideals of cosmopolitanism. [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Anuario Español de Derecho Internacional Privado is the property of Iprolex SL and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines the extent of party autonomy in determining the norms that apply to the substance of a commercial dispute in arbitration. Particularly, it analyses 'principles of law,' the normative basis for arbitration under Ethiopian law. The article further explores whether parties to arbitration are at liberty to mandate the application of foreign law, rules of law and equity. It also examines whether a 'mandate to settle' is enforceable under Ethiopian law. The article concludes that Ethiopian law allows maximum flexibility to parties as regards to the determination of norms applicable to the substance of a commercial dispute. The law can even be construed as recognising 'mandate to settle'. [ABSTRACT FROM AUTHOR]

It is black-letter law that in order to recognize and enforce a foreign judgment, the rendering court must have had personal jurisdiction over the defendant. While the principle is clear, it is an open question as to whose law governs the question of personal jurisdiction: that of the rendering court or that of the recognizing court. In other words, is the foreign court's jurisdiction over the defendant governed by foreign law (the law of FI), domestic law (the law ofF2), or some combination thereof? While courts have taken a number of different approaches, it seems that many courts regard foreign law as relevant to the question of whether the foreign court possessed personal jurisdiction over the defendant. In this Article, I argue that U.S. courts should not be looking to foreign law (in whole or in part) to determine whether a foreign court hadjurisdiction over the defendant in the original action. I present five arguments in support of this contention: (1) there is no statutory authority pointing to the application of foreign law; (2) U.S. courts are not well-positioned to apply foreign jurisdictional law; (3) re-examining assertions of jurisdiction under foreign law violates international comity; (4) an examination of foreign law is usually unnecessary because jurisdiction is also assessed according to U.S. standards; and (5) U.S. courts do not do a good job applying foreign jurisdictional law. Instead, I argue that courts should apply American law to assess whether a foreign court was jurisdictionally competent. This, in turn, raises the question: What is "American" law? I maintain that courts should apply broad federal standards of jurisdiction, and not state-based ones, to determine whether the rendering court had personal jurisdiction over the defendant. This Article also looks closely at two particular areas of jurisdiction law that are particularly complicated as they relate to the choice of law issue: submission and notice. With respect to submission, U.S. courts seem to be unclear as to whose law applies in assessing whether a defendant in a foreign action submitted to the jurisdiction of the foreign court. In particular, many U.S. courts defer to the foreign court's interpretations as to whether the acts of the defendant constituted submission. With respect to notice, there is a lack of clarity as to how notice relates to personal jurisdiction in the context of the recognition and enforcement of foreign judgments. Here too, there is confusion as to whose law of notice applies in assessing whether a defendant received adequate notice of the proceeding. Consistent with the argument above, this Article takes the position that U.S. standards, and not foreign ones, should ultimately guide the submission and notice inquiries in the recognition context. Finally, because much of the law in this area is codified in either the 1962 Uniform Foreign Money-Judgments Recognition Act or the 2005 Uniform Foreign-Country Money Judgments Recognition Act, I propose concrete changes to the language of the uniform acts that would address the choice of law problem in the recognition of foreign judgments and would clarify the intersection between notice and personal jurisdiction in the uniform acts. [ABSTRACT FROM AUTHOR]

The United States Supreme Court recently employed foreign legal sources to interpret U.S. law, provoking widespread political and legal controversy. Scholars have yet to examine systematically the conditions under which justices cite foreign law, however. Applying theoretical approaches from international relations and judicial politics scholarship, we search every Supreme Court opinion between 1953 and 2009 for references to foreign law. Justices strategically reference foreign law to prop up their most controversial opinions. They also borrow law from countries whose domestic political institutions are viewed as legitimate; and, surprisingly, conservatives are as likely as liberals to cite foreign law. These findings add important information to the discussion over citing foreign law, and highlight how geopolitical context influences domestic legal policy. [ABSTRACT FROM PUBLISHER]

This article looks at the rules on proof of foreign law before Icelandic courts. It provides a detailed discussion on the methods available to ascertain foreign law in civil proceedings, as well as a concise comparison to several relevant jurisdictions. The methods, consisting of party and witness testimony, assessment reports and documents and other visible evidence, are not equally suitable for the intended purpose. As fairly obvious, a party testimony is of little use in this respect. On the contrary, and perhaps less obvious for the international reader, Icelandic law does not allow for expert witness testimony on foreign law, unless the expert has been summoned by court to provide an assessment report on the issue. However, recent judgments show that Icelandic courts have begun giving consideration to unilaterally obtained legal opinions, contrary to accepted practise. This, whether down to inconsistency or a deliberate change of course, represents a more flexible approach then previously acknowledged. [ABSTRACT FROM AUTHOR]

The article discusses the applicability of foreign powers of attorney (POAs) to real property transaction in Florida as of 2016, and it mentions how POAs are broken down into three categories under the Florida Power of Attorney Act. Estate plans are examined, along with the National Conference of Commissioners on Uniform State Laws' model Uniform Power of Attorney Act and the drafting of legal documents such as POAs. State laws in places such as Florida and New York are assessed.

The article examines the increase in the U.S. courts ordering individuals and companies to violate foreign law. Topics discussed include discovery disputes related to order the violation of foreign law; involvement pro-forum bias ordering the violation of foreign laws; and the U.S. Supreme Court's decision in the case "Society Nationale Industrielle Aerospatiale v. U.S. District Court for the Southern District of Iowa."

The article discusses the dynamic incorporation of foreign law in America in relation to the constitutional regulation of U.S. federal lawmaking and the nation's Lacey Act. According to the article, the dynamic incorporation of foreign law involves the delegation of the ongoing authority to create federal law to another polity. The U.S. Constitution and laws imposing criminal liability are mentioned, along with the U.S. Congress' powers and several nondelegation doctrine-related legal cases.

Foreign law has become an increasingly important element of many cases brought before federal courts. Rule 44.1, which controls determinations of foreign law, is intended to make the process for determining foreign law as painless as possible, but like the regime that preceded it, it has become a procedural minefield for those wishing to rely on foreign law, as courts have declined to apply Rule 44.1 when it should be used, either deliberately or due to uncertainty as to its application. This is in large part due to the lack of concrete standards outlined in the rule. This Note examines the standards associated with the rule and their application in the years immediately after its promulgation and concludes that the reliant party's burden of production with respect to foreign law should vary based on whether statutory text is provided. If a statute is available, the courts should be required to undertake a Rule 44.1 analysis, while if a statute is unavailable, the reliant party should bear the burden of producing substantial evidence of foreign law. This standard, elaborated in the text of Rule 44.1, should ensure that as many foreign law determinations as possible can be resolved on the merits. [ABSTRACT FROM AUTHOR]

In this article, the author explore how the French courts struggled to balance the dictates of French law, which promoted the secularization of marriage, and foreign law, which reflected the principles of religious law. It states that the tensions between French law and foreign law led to the denial of civil protections to foreigners in France. It also mentions these tensions in French courts were slow to resolve.

Major sources of corporate law in Russia, several continental European countries, as well as the sources of corporate law in the USA and Great Britain are elucidated in the article. The article is dedicated to general trends in historical and modern development of these sources: the impact of separated trade (commercial) law on the development of corporate law in Europe; the correspondence between federal legislation and the legislation of the individual states as the source of the corporate law development in the USA; the impact of foreign law and the national peculiarities on the development of Russian corporate law. The greater emphasis is placed on the reform of Russian corporate law legislation as a part of the modern reform of Russian Civil Law; correlation between the general rules of the Civil Code of the Russian Fedaration on legal persons and special rules of statutes on corporations is shown. [ABSTRACT FROM AUTHOR]

The article focuses on several trends in commercial dispute resolution including the convergence of modes of domestic dispute resolution, increased access to foreign law, and the perceived erosion of commercial jurisprudence that influence the future of dispute resolution. It informs that formalized rules and procedures of the domestic arbitration plays a vital role in litigation of dispute resolution.

The article offers information on the history and expansion of the Lacey Act under its 2008 amendments, which leads to incorporation of foreign law for regulation of the importers and users of the timber and wood products. It analyzes that the difference between timber and wood products markets and the markets regulated under the Lacey Act. It informs that substantive laws should be formed to address the issue of deforestation and other problems related to timber production in the U.S.

Should courts consider cases from other jurisdictions? The use of foreign law precedent has sparked considerable debate in the United States, and this question is also controversially discussed in Europe. In this article and within the larger research project from which it has developed, we study the dialogue between different European supreme courts quantitatively. Using legal databases in Austria, Belgium, England and Wales,France, Germany, Ireland, Italy, the Netherlands, Spain, and Switzerland, we have hand-collected a dataset of transnational citations between the highest courts of these countries for the time between 2000 and 2007. In the present article we show that citation of foreign law by supreme courts is not an isolated phenomenon in Europe, but happens on a regular basis. We found 1,430 instances in which these courts have cited the supreme courts of the other nine countries. The majority of these citations have been made for purely comparative reasons. We also undertook regression analysis in order to understand the differences between the cross-citations. Whether such citations take place and in what quantity depends on the particular legal culture and its relationship to others. Austria and Ireland, which stand in an asymmetric relationship with Germany and England respectively, seem to be particularly receptive to foreign influence on their legal systems. But even controlling for these outliers, we have been able to identify that the population of the cited country and a low level of corruption, native languages and language skills, legal origins and families, and cultural and political factors all matter for which courts are likely to be cited. More specifically, knowledge of the language of the cited court appears to be a more important factor driving cross-citations than legal traditions, culture or politics. Thus, to facilitate a transnational market of legal ideas, it can be suggested that courts should strive to make their decisions available in languages that possible readers understand. [ABSTRACT FROM AUTHOR]

The article presents information on the issue related to the extent to which the U.S. courts may consult foreign constitutions and the application of the U.S. constitution in foreign countries. The transnational applicability of the constitutions, the Establishment Clause and the constitutional jurisprudence of courts are discussed. The challenges related to the extraterritorial application of constitutional rights are also discussed.

The article overviews the proof of foreign law in U.S. courts under the application of the Lacey Act in the criminal prosecutions. It discusses the judicial opinion of the Seventh Circuit of the U.S. Court of Appeals in the case of Bodum USA v. La Cafetière, which focuses on the Bodum methodology regarding the interpretation of the foreign law by trial judges in the U.S.

The article reflects on the U.S. Seventh Circuit case, Bodum USA Inc. v. La Cafetière Inc., which argues that judges should restrict themselves to judicial research. It mentions that usually U.S. judges are required to interpret the laws of a foreign nation to resolve the controversy. It suggests that goal should be to expand the options available to judges for proof of foreign law questions.

The article focuses on the application of the Czech law rather than the foreign law. It says that the application of the conflict of law rules determines the applicable law. It mentions three ways on how to overcome the impediment of the foreign law application which are the implied choice of the Czech law, the subsequent choice of the Czech law, and the conflict of law rules extending the Czech law application. It discusses the new Private International Law Act.

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article presents information on the evidence obtained through the foreign police regarding the role and enforcement of foreign law and its admissibility of the U.S. The enforcement of the foreign law includes the application of military law, court martial under the military courts of the country. Information on the role of the foreign interrogations and the foreign searches regarding the foreign law is also presented.

The article discusses globalized litigation and the increasing need for U.S. courts to decide questions of foreign law in light of the application of a plausibility of pleading standard in U.S. courts. Several civil cases are cited, including the U.S. Supreme Court cases Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly. These cases are noted for the court's decision to disregard notice pleading in civil litigation matters in favor of the heightened standard of plausibility of pleading.

The article focuses on Federal Rule of Civil Procedure 44.1 which concerns the challenge of applying the foreign law in U.S. courts involving the Supreme Court judge Oliver Wendell Holmes Jr. It discusses the issues such as the notice of foreign law issue, determining the applicable foreign law, and the standard of review for rulings based on foreign law. Details on the rule 44.1 practice pointers are also discussed.

The article discusses the concept of judicial notice as well as its advantages and disadvantages in the U.S. The author says that judicial notice enables court to consider a proposition as conclusive without requiring any party to present evidence of that proposition's truth. It is noted that the Rule 201 of the Federal Rules of Evidence reportedly supports such notice as long as the opinion is generally known and can be easily verified. An overview of the case United States v. Newland is presented.

The article offers information on the laws that observe the recognition of foreign cultural heritage. It mentions the two conflicting principles considering the legislation to protect cultural properties for cultural heritage. It consists of the principle that enables the English law to involve the lex situs in deciding the validity of a transaction that occur under foreign law. These are the nationalisation of property within its territory, and the principle that the English courts have no legal power to consider an action for direct or indirect enforcement of a revenue, penal, or usual law of a foreign state. It also mentions several court cases regarding the implementation of cultural heritage laws including Iran versus Barakat, New Zealand versus Ortiz, and Mbasogo versus Logo Ltd.

Foreign law lies at the heart of private international law. After all, a true conflict of law cannot be resolved unless and until the content of foreign law is established. Despite this, the pleading and proof of foreign law remain among the most under-explored topics in Australian private international law. In light of the High Court of Australia's significant change of direction on choice of law since 2000, most notably in cases such as John Pfeiffer Pty Ltd v Rogerson, Regie Nationale des Usines Renault SA v Zhang and Neilson v Overseas Projects Corporation of Victoria Ltd, it is all the more important to answer some of the basic questions about the pleading and proof of foreign law. Who pleads foreign law? What law do they plead? Are they obliged to do so? How do they prove its content? When can local law be applied in the place of foreign law? This article addresses these and related questions with a particular focus on Australian law as it has developed since 2000. It concludes that Australian courts take a more robust and pragmatic approach to these issues than might be supposed. In particular, the so-called presumption of identity is a label that masks a much richer and more complex reality. [ABSTRACT FROM AUTHOR]

This essay analises the subject of non evidence of proof of foreign law. The darkness of the spanish statutes norming the aplication of foreign law on courts (art. 12.6.1 Cc., art. 281.11 LEC 2000) does not allow show which must be the behaviour of the judge before this situation. Non estimation of the claim, one of the options used on courts, should not be considered as a suitable answer. Several reasons hold this affirmation. On one hand, difficult adaptation to procedure rules: in spanish Private International Law, foreign law is not a matter of fact; non estimation cannot be understood as a punitive sanction before non aplication of conflict rule; it is not equivalent to a case of non-admission of the claim; and it is not possible talk about a new procedure object of the claim. On the other, difficult adaptation of constitucional statutes: non estimation of the claim is not a resolution relative to the reclamation of the plaintiff, nor one of the cases of process resolution without solving the claim of the plaintiff; it is not suitable in cases of existence of the court duty of colaboration with the parties, nor in the rest, excesive sanction before the behaviour of the party of not pleading or proofing foreign law. Non estimation of the claim does not suit within art. 24 Spanish Constitution, risk of non provision of justice on courts. [ABSTRACT FROM AUTHOR]

Discusses a debate over foreign law in Roper v. Simmons in the U.S. Background on the case; Decision of the Supreme Court on the case; Similarities between the case Atkins v. Virginia and the Roper case.

Examines the evolution of a judge-made transformation of Canadian conflict of laws principles specific to the recognition and enforcement of foreign judgments exemplified in the Supreme Court of Canada's ruling in Beals v. Saldanha. Revision of the English formula in relation to the inter-provincial context in the Court's seminal ruling Morgard Investments Ltd. v. DeSavoye; Facts of the Beals case; Rulings of the lower courts.

Discusses the application of the law of foreign countries in the U.S. Requirement for the litigants to plead and prove the content of the law; Regard for the law of sister states; Achievement of a uniform result regardless of where suit is brought.

Addresses the questions, under what circumstances the court of the forum makes a presumption of foreign law, and what presumption it makes. Three possible rules which indicate when the court of the forum will shift the burden of going forward with evidence as to the foreign law upon the party not having the burden of proof of the whole issue of which the foreign law is a part; Cases which make plain the way courts recognize which of the American and European states have fundamentally the common-law system and those which have not.

Presents Federal and Supreme Court decisions and rulings on various cases pertaining to bankruptcy, disclosure of medical records, decisions without opinions, and foreign law.

The article offers information on the lawsuits related to federal practice in Minnesota. Topics discussed include respectful consideration of foreign law in the Animal Science Prods., Inc. v. Hebei Welcome Pharm. Co., denial of request to amend complaint in Ryan v. Ryan; and denial of motion to remand and request for attorney's fees in Newbauer v. Hill-Rom Co.