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Civil Litigation in a Globalising World

  • Book
  • © 2012

Overview

Editors:
  1. X.E. Kramer

    1. , Erasmus School of Law, Erasmus University Rotterdam, Rotterdam, Netherlands

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  2. C.H. Rhee

    1. , Faculty of Law, Maastricht University, Maastricht, Netherlands

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    You can also search for this editor in PubMed   Google Scholar

  • Provides a unique compilation of original papers by recognized international experts in the field of civil procedure

  • Includes not only valuable insights in global and European harmonization of civil procedure, but also legislative and practical developments and policy perspectives from eight different jurisdictions

  • Combines different perspectives on the issue of globalization and harmonization of civil procedure, including perspectives of legal history, policy and law and economics, as well as the interaction with private (international) law

  • Includes supplementary material: sn.pub/extras

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Table of contents (19 chapters)

  1. Front Matter

    Pages i-ix
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  2. Civil Litigation in a Globalising World: An Introduction

    • Xandra E. Kramer, C. H. van Rhee
    Pages 1-16

  3. Different Perspectives on Globalisation and Harmonisation

    1. Front Matter

      Pages 17-17
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  5. Harmonisation in a European and Global Context

    1. Front Matter

      Pages 157-157
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  7. National Approaches to Globalisation and Harmonisation

    1. Front Matter

      Pages 221-221
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  8. NATIONAL APPROACHES TO GLOBALISATION AND HARMONISATION

    1. United States: Harmonisation and Voluntarism. The Role of Elites in Creating an Influential National Model, the Federal Rules of Civil Procedure

      • Paul R. Dubinsky
      Pages 223-245

    2. Switzerland: Between Cosmopolitanism and Parochialism in Civil Litigation

      • Tanja Domej
      Pages 247-261

    3. Globalisation and Scottish Law

      • Peter Beaton
      Pages 263-275

    4. A Dutch Perspective on Civil Litigation and Its Harmonisation

      • Paulien van der Grinten
      Pages 277-290

    5. The German Approach to the Globalisation and Harmonisation of Civil Procedure: Balancing National Particularities and International Open-Mindedness

      • Stefan Huber
      Pages 291-315

    6. Convergence of Civil Procedure Systems in Europe: Comments from a Belgian Perspective

      • Benoît Allemeersch, Els Vandensande
      Pages 317-334
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Keywords

About this book

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

Editors and Affiliations

  • , Erasmus School of Law, Erasmus University Rotterdam, Rotterdam, Netherlands

    X.E. Kramer

  • , Faculty of Law, Maastricht University, Maastricht, Netherlands

    C.H. Rhee

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