Osgoode Hall Law School Library

Subject:

Procedure (Law)

Title:

Approaches to procedural law : the pluralism of methods / Loïc Cadiet, Burkhard Hess, Marta Requejo Isidro (eds.)

Other Authors:

Cadiet, Loïc, editor.

Hess, Burkhard, editor.

Requejo Isidro, Marta, editor.

Language:

English

Published:

Nomos, 2017

Edition:

1st edition.

Series:

Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law ; v. 9.

Summary:

"Procedural law is no longer a purely domestic topic. The recent tendencies characterizing the field, such as Europeanization and harmonization, mark the evolution towards a new, cross-border dimension of this area of law. In addition, the growing importance of transnational legal relations in all spheres of civil and commercial dealings make it unavoidable to face the new challenges of procedural law across national borders. The traditional methods of national dogmatics, which have for a long time guided the reflections of scholars operating in the field of civil procedure, are not necessarily able to capture the increased complexity of the present. In light of this, it is particularly important to reflect on the methods (comparison, inter-disciplinary approaches and quantitative and qualitative empirical analysis, among other) which should be adopted in order to guarantee that research in the field of procedural law maintains its comprehensive ex-planatory power. The present book is the outcome of the second edition of the IAPL-MPI Summer-School, which took place in Luxembourg in July 2016 bringing together outstanding young post-doc researchers dealing with European and comparative procedural law, as well as with other relevant dispute mechanisms for civil controversies."

Physical Description:

552 pages ; 23 cm.

Bibliography:

Includes bibliographical references and index.

ISBN:

9783848743094

3848743094

Publication:

Baden-Baden, Germany : Nomos, 2017.

Copyright Notice Date:

©2017

• Inaugural lecture. Comparative perspectives in procedural law : some remarks and proposals / Fernando Gascón Inchausti
• Comparative law : a plurality of methods / Margaret Woo
• Procedural law and methodology. Mauro Cappelletti's methodology in comparative civil justice and the coercive powers of courts as a case study / Carlo Vittorio Giabardo
• Beware of legal families : the example of the effects of res judicata toward third parties / Valentin Rétornaz
• Statistical methods in comparative civil procedure : chances and risks / Christoph A. Kern
• On the role of the courts. The changing role of courts between the privatization of adjudication and the privatization of procedure / Juliana Pondé Fonseca
• National procedural law. The Italian assisted negotiation for legal separation and divorce / Luisa Enna
• The impact of the EU financial crisis in the Europeanization of the Greek civil procedural law : a multi-methodological insight to the new Greek Civil Procedure Code (2015), its scope and innovative provisions / Anastasia L. Papadopoulou
• Supreme courts : "filters" and the case selection : Argentina's writ of certiorari in a comparative perspective / Leandro J. Giannini
• International courts. The Court of the Eurasian Economic Union : basic and some controversial questions of jurisdiction and procedure / Yuliya Barel
• The Court of Justice of the European Union as an institutional model for the African Court of Justice and Human Rights / Antal Berkes
• When titans clash : setting standards for child abduction by the CJEU and the ECtHR / Michele Angelo Lupoi
• Collective redress. Collective due process of law : reconciling representation and participation / Edilson Vitorelli
• Access to justice of disadvantaged groups and judicial control of public policies through class actions in Argentina / Francisco Verbic
• Financial consumer redress by ADR and ODR : new European approaches / Ana Isabel Blanco García
• Eduardo J. Couture : footmarks that help in understanding the present / Eduardo Oteiza
• Arbitration and ADR/ODR. The theory and practice of precedent in Convention on Contracts for the International Sale of Goods / Beata Fröhlich
• When forward-looking aspect of precedent justifies immediate formally binding decisions / Eduardo de Avelar Lamy
• Some remarks about collective procedural law and the new Brazilian Civil Procedure Code / Aluisio Gonçalves de Castro Mendes
• Meeting points : international, European, domestic procedural law. Judicial review of administrative decisions in domestic courts : Union law requirements on the locus standi of individuals / Hilde K. Ellingsen
• Procedural law and global governance : exploring and mapping a new research field / Remo Caponi.