Monday, April 24, 2017

Updated Research Guides From GlobaLex

GlobaLex, the electronic collection created by the Hauser Global Law School Program at the New York University School of Law, recently updated some of its research guides:
  • Religious Legal Systems in Comparative Law - A Guide to Introductory Research: "Religious law in this guide is seen as a branch of comparative law and legal study. Further, it is argued here that comparative law itself may most usefully be seen as part of the tradition of legal philosophy. Far from being wholly academic, however, comparative law is a practical approach in the service of 1) legal education 2) the appreciation of treaty implementation and 3) choice of law in the new world of public/private international law known as transnational law. At the conclusion of this guide to sources is a brief discussion of this approach to comparative law (...) It is clear that in areas of private law such as family law, inheritance, and in come commercial transactions, several religious systems influence secular law or are incorporated as a regime which may or must be applied in those areas or to members of certain religious communities. As sources for legal research in these areas are inter-disciplinary and often less known in the world of legal research, an overview of the major world systems, and where and how they are implemented, is offered. "
  • Transnational and Comparative Family Law: Harmonization and Implementation: " 'Transnational' (or 'transactional') law is becoming a frequent phenomenon in the practice of law and now occupies a prominent place in the study of international and comparative law. Both academic and practitioner-oriented information sources point to ways to locate and connect national laws with treaties and regimes of harmonization; however, commercial and procedural rules have been, in general, easier to locate than substantive and harmonized law in the family law area. This guide points researchers to significant electronic and print sources in transnational and comparative family law.  The purpose of this guide is to indicate how these international conventions are implemented in selected jurisdictions with some indication of how to locate substantive national law under these same international regimes. An excellent resource on this topic is the Encyclopedia of Private International Law (Jürgen Basedow, et al., eds), Edward Elgar Publishing, 2017. It includes article/entries on the topics dealt with most often in international family law: adoption, child abduction, divorce, marriage, and trusts. "
  • International Commercial Arbitration: "International commercial arbitration is a means of resolving disputes arising under international commercial contracts. It is used as an alternative to litigation and is controlled primarily by the terms previously agreed upon by the contracting parties, rather than by national legislation or procedural rules. Most contracts contain a dispute resolution clause specifying that any disputes arising under the contract will be handled through arbitration rather than litigation. The parties can specify the forum, procedural rules, and governing law at the time of the contract. "

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posted by Michel-Adrien at 6:30 pm

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