Products related to Jurisdiction:
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State Ocean Jurisdiction
Proposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction.Defining jurisdiction as the international-law authority of a State to be involved in a factual matter on the basis of a valid legal ground to perform authoritative acts impacting on that matter, it disaggregates the concept the complexity of which often leads to States failing to make full use of their existing ocean jurisdictions.In the process, it identifies when and to what extent there are gaps and overlaps of jurisdictions.Bringing clarity on an inevitably complex and often misunderstood framework that is aimed at striking a universally accepted balance of competing interests, the book lays the foundation for future research, contextualising the position of State ocean jurisdiction not only in terms of ocean governance, but in the whole of public international law.With an original systematic focus on State ocean jurisdiction, the book will be of interest to academics, students and practitioners working in the areas of international law of the sea, ocean governance, human rights and environmental law.
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Commercial Disputes : Resolution and Jurisdiction
Remedies are vital in commercial litigation. Additionally, in commercial law, parties are usually free to choose the forum and law that will govern their disputes.This book aims to shine the spotlight on these issues and look to several new trends and developments emerging on procedural matters relating to dispute resolution.The discussions range freely over national, international, and EU legal dimensions, and the book also comes at an opportune time, with the post-Brexit jurisdiction landscape becoming more definable. This edited volume presents contributions from highly expert and experienced academics and practitioners, collectively examining a broad range of areas relating to the complex and time-consuming issues of resolution and jurisdiction of commercial disputes.The book is divided into three parts: arbitration and ADR, jurisdiction and procedure, and choice of law.Key topics featured include summary procedures in London Maritime Arbitration, reformation of the Arbitration Act, challenges to jurisdiction, stay of proceedings, anti-suit injunctions, the EU-UK judicial space post-Brexit, the application of AI to commercial disputes, and choice of law agreements. Written for lawyers and administrators not only in England and Wales but worldwide - especially Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore, and India – the book is also valuable for specialist law libraries in Europe and the US, some specialist maritime law firms in the US, and some university libraries where maritime and shipping law are taught as specialist subjects.
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Private International Law and Arbitral Jurisdiction
International commercial arbitration and litigation are often seen as competing fora, fields of law, or markets.This intersection is at its highest at the forefront of any proceedings, at the jurisdictional stage.The analysis of jurisdictional issues at the forefront of an arbitration has been confined in a descriptive analysis of the law and jurisprudence, dealing with jurisdictional intersections almost in a mechanistic manner.These are not, however, issues which can be treated as mere mechanical rules.They are issues pertaining to core notions of authority, sovereignty, their origins and their allocation.At the same time, the pragmatic and practical domination of party autonomy is a fact which cannot be disregarded when one considers the normative and theoretical foundations of any model of dealing with these issues.This book moves beyond an analysis of arbitration and jurisdiction clauses to reconcile theory and practice, and provides an underlying theoretical model to explain and regulate jurisdictional intersections at the early stages of an arbitration from a private international law perspective.It combines both an in-depth engagement with the theoretical literature as well as a close examination and analysis of its practical consequences in the form of a restatement of the law of England and Wales.From a methodological perspective, it utilises contemporary theories in private international law to propose a coherent model of regulating arbitral jurisdictions which promotes autonomy and freedom of the parties at this stage.Demonstrating, first, how the theoretical model can be applied in practice and, second, to provide a basis for a potential future top-down or bottom-up approach of adopting the proposed model, it includes a succinct and practical codification of the current state of affairs in relation to the whole spectrum of jurisdictional issues in England and Wales to serve as a useful tool for practitioners considering jurisdictional issues both from the perspective of State courts and from the perspective of arbitral tribunals, as well as academics researching in these areas.
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Private International Law and Arbitral Jurisdiction
International commercial arbitration and litigation are often seen as competing fora, fields of law, or markets.This intersection is at its highest at the forefront of any proceedings, at the jurisdictional stage.The analysis of jurisdictional issues at the forefront of an arbitration has been confined in a descriptive analysis of the law and jurisprudence, dealing with jurisdictional intersections almost in a mechanistic manner.These are not, however, issues which can be treated as mere mechanical rules.They are issues pertaining to core notions of authority, sovereignty, their origins and their allocation.At the same time, the pragmatic and practical domination of party autonomy is a fact which cannot be disregarded when one considers the normative and theoretical foundations of any model of dealing with these issues.This book moves beyond an analysis of arbitration and jurisdiction clauses to reconcile theory and practice, and provides an underlying theoretical model to explain and regulate jurisdictional intersections at the early stages of an arbitration from a private international law perspective.It combines both an in-depth engagement with the theoretical literature as well as a close examination and analysis of its practical consequences in the form of a restatement of the law of England and Wales.From a methodological perspective, it utilises contemporary theories in private international law to propose a coherent model of regulating arbitral jurisdictions which promotes autonomy and freedom of the parties at this stage.Demonstrating, first, how the theoretical model can be applied in practice and, second, to provide a basis for a potential future top-down or bottom-up approach of adopting the proposed model, it includes a succinct and practical codification of the current state of affairs in relation to the whole spectrum of jurisdictional issues in England and Wales to serve as a useful tool for practitioners considering jurisdictional issues both from the perspective of State courts and from the perspective of arbitral tribunals, as well as academics researching in these areas.
Price: 39.99 £ | Shipping*: 0.00 £
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What is the difference between social jurisdiction and labor jurisdiction?
Social jurisdiction refers to the legal framework that governs social security benefits, such as healthcare, pensions, and unemployment insurance. On the other hand, labor jurisdiction deals with the regulation of labor relations, including issues related to employment contracts, working conditions, and labor disputes. While social jurisdiction focuses on providing social protections to individuals, labor jurisdiction is more concerned with regulating the relationship between employers and employees in the workplace.
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What is mandatory jurisdiction?
Mandatory jurisdiction refers to a situation where a court is required to hear a case that falls within its jurisdiction. This means that the court does not have the discretion to refuse to hear the case if it meets certain criteria. In contrast, discretionary jurisdiction allows a court to choose whether or not to hear a case. Mandatory jurisdiction is typically found in cases involving certain types of legal issues or parties, such as cases involving constitutional questions or cases between states.
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Which jurisdiction is competent?
The jurisdiction that is competent is typically determined by the specific laws and regulations governing the issue at hand. In general, jurisdiction is determined based on factors such as the location of the parties involved, the location where the issue arose, and the type of legal matter being addressed. It is important to consult with a legal professional to determine the appropriate jurisdiction for a specific case or legal matter.
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What is the jurisdiction of speed cameras?
Speed cameras are typically placed in areas where speeding is a concern, such as school zones, construction zones, or high-accident areas. They are used to enforce speed limits and capture images of vehicles that are exceeding the speed limit. The jurisdiction of speed cameras varies by location and is typically determined by local laws and regulations. In general, speed cameras are used by law enforcement agencies to monitor and enforce speed limits on public roads.
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Transformations in Criminal Jurisdiction : Extraterritoriality and Enforcement
Can traditional approaches to criminal jurisdiction adapt to the new global reality of the digital era?In this innovative book, leading experts in criminal, international and internet law unite to address this fundamental question.They consider how jurisdictional regimes are orientated around concepts of territoriality and extraterritoriality, how these categories are increasingly blurred in the digital era, and how a range of jurisdictional transformations are occurring in the process. Part I presents novel doctrinal, empirical and theoretical perspectives on criminal jurisdiction, exploring how states are shaping and reimagining jurisdictional concepts in the crafting and interpretation of criminal offences, and the ramifications of increasing jurisdictional concurrency in state practice.Part II focuses on the investigative and enforcement powers of the state to assess how these issues are transforming traditional understandings of jurisdictional rules and boundaries, the challenges and opportunities that these present for law enforcement authorities, and the sorts of constraints and safeguards that may be necessary as a result.The picture that emerges is a world of jurisdictional rules in a state of flux, which demands the diversity of legal perspectives presented in this book for documenting, rationalising and moving beyond the transformations that are taking shape in modern statecraft.
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Transformations in Criminal Jurisdiction : Extraterritoriality and Enforcement
Can traditional approaches to criminal jurisdiction adapt to the new global reality of the digital era?In this innovative book, leading experts in criminal, international and internet law unite to address this fundamental question.They consider how jurisdictional regimes are orientated around concepts of territoriality and extraterritoriality, how these categories are increasingly blurred in the digital era, and how a range of jurisdictional transformations are occurring in the process. Part I presents novel doctrinal, empirical and theoretical perspectives on criminal jurisdiction, exploring how states are shaping and reimagining jurisdictional concepts in the crafting and interpretation of criminal offences, and the ramifications of increasing jurisdictional concurrency in state practice.Part II focuses on the investigative and enforcement powers of the state to assess how these issues are transforming traditional understandings of jurisdictional rules and boundaries, the challenges and opportunities that these present for law enforcement authorities, and the sorts of constraints and safeguards that may be necessary as a result.The picture that emerges is a world of jurisdictional rules in a state of flux, which demands the diversity of legal perspectives presented in this book for documenting, rationalising and moving beyond the transformations that are taking shape in modern statecraft.
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Agreements on Jurisdiction and Choice of Law
In this book, the author analyses the law and practice relating to the classification, drafting, validity and enforcement of contracts relating to jurisdiction and choice of law.The focus is on English law, EU law and common law measures, but there is also some comparative material built in.The book will be useful in particular to practising lawyers seeking to draft, interpret or enforce the types of contract discussed, but the in-depth discussion will also be valuable to academic lawyers specialising in private international law.Written by an academic who is also a practising barrister, this book gives in-depth coverage of how the instruments and principles of private international law can be used for the resolution of cross-border or multi-jurisdictional disputes.It examines the operation and application of the Brussels Regulation, the Rome Convention and the Hague Convention on Exclusive Choice of Court Agreements in such disputes, but also discusses the judgments and decisions of the courts in significant cases such as Turner v Grovit, Union Discount v Zoller, and De Wolf v Cox. Much of the book is given over to practical evaluation of how agreements on jurisdiction and choice of law should be put together, with guidance on, amongst other things, drafting of the agreements (including some sample clauses), severability of agreements, consent, and the resolution of disputes by arbitration.
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Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone
Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ).However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights.Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ.Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ.Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit.A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction.Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.
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What does proprietary jurisdiction and tithing collection mean?
Proprietary jurisdiction refers to the legal authority or control that an individual or organization has over a particular area or property. In the context of tithing collection, proprietary jurisdiction would mean that a specific church or religious institution has the authority to collect tithes from its members. This authority allows the church to enforce the collection of tithes and manage the funds according to its religious beliefs and practices.
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Where is the jurisdiction of the SOKO Stuttgart?
The jurisdiction of the SOKO Stuttgart is in the city of Stuttgart, which is the capital of the state of Baden-Württemberg in Germany. The SOKO Stuttgart is a special crime unit that investigates and solves complex cases within the city and its surrounding areas. Their jurisdiction covers a wide range of criminal activities, and they work closely with other law enforcement agencies to ensure the safety and security of the region.
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What is the difference between voluntary and contentious jurisdiction?
Voluntary jurisdiction refers to a court's authority to hear a case when both parties agree to submit to its jurisdiction. On the other hand, contentious jurisdiction allows a court to hear a case even if one of the parties does not consent to its jurisdiction. In voluntary jurisdiction, the parties willingly choose to bring their case before a particular court, while in contentious jurisdiction, the court has the power to hear the case regardless of the parties' consent.
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What is the difference between media production and media design?
Media production involves the creation and execution of media content, such as films, television shows, and podcasts. It focuses on the technical and logistical aspects of bringing a media project to life, including filming, editing, and post-production. On the other hand, media design involves the conceptualization and visual representation of media content, such as graphic design, web design, and user interface design. It focuses on the artistic and creative aspects of media, including layout, color, typography, and user experience. In summary, media production is about bringing content to life, while media design is about shaping and presenting that content in a visually appealing and effective way.
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