ISBN:
9783319189741
Language:
English
Pages:
Online-Ressource (X, 388 p, online resource)
Edition:
1st ed. 2016
Series Statement:
Ius Comparatum - Global Studies in Comparative Law 10
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Druckausg. Recognition of foreign administrative acts
Keywords:
International law
;
Comparative law
;
Law
;
Private international law
;
Conflict of laws
;
Administrative law
;
Public international law
;
Law—Europe.
;
Law
;
Private international law
;
Conflict of laws
;
International law
;
Comparative law
;
Administrative law
;
Public international law
;
Verwaltungsakt
;
Anerkennung
;
Internationales Verwaltungsrecht
;
Rechtsvergleich
;
Verwaltungsakt
;
Anerkennung
;
Internationales Verwaltungsrecht
;
Rechtsvergleich
Abstract:
I. The Impact of Corruption on International Commercial Contracts – General Report; Michael Joachim Bonell and Olaf Meyer -- II. New Wine in Old Bottles: Corrupt Foreign Contracts in Canadian Private Law; Joshua Karton and Jenna-Dawn Shervill -- III. Balancing Public Interest with Transactional Security: The Validity of Contracts Tainted with Corruption under Chinese Law; Qiao Liu and Xiang Ren -- IV. Consequences of Corrupt Practices in Business Transactions (Including International) in Terms of Czech Law; Jiří Valdhans -- V. The Civil Law Consequences of Corruption According to the Laws of the Least Corrupt Country in the World – Denmark; Peter Damsholt Langsted and Lars Bo Langsted -- VI. English Judges: Little Mice in the Big Business of Corruption?; Yseult Marique -- VII. Still Some Unclarity Regarding the Legal Consequences Arising from the Nullity of Agreements through Corruption – Estonia; Marko Kairjak -- VIII. Who Gets the Bribe? – The German Perspective on Civil Law Consequences of Corruption in International Contracts; Matthias Weller.- IX. The Effects of Corruption on Contracts in Italy: The Long Road towards a Legal and Fair, Competitive Market; Paola Mariani -- X. Contracts Tainted by Corruption: Does Dutch Civil Law Augment the Criminalization of Corruption?; Abiola Makinwa and Xandra Kramer.- XI. Civil Law Forfeiture as Means to Restrict the Application of the in pari delicto-Principle and Other Private Law Consequences of Corruption under Polish Law; Maksymilian Pazdan and Maciej Zachariasiewicz.- XII. Corruption in International Commercial Contracts – A Portuguese Substantive and Private International Law Perspective; Luís de Lima Pinheiro -- XIII. Russian Experience and Practice on Civil Law Consequences of Corruption; Sergey Usoskin.- XIV. For a Few Dollars More – Corruption in Singapore; Michael Furmston.- XV. The Civil Law Consequences of Corruption under South African Law; Tjakie Naudé.- XVI. Impact of Bribery on Contracts under Swiss Civil Law; Christa Kissling -- XVII. The Civil Law Consequences of Corruption under the UNIDROIT Principles of International Commercial Contracts: an Analysis in Light of International Arbitration Practice; Richard Kreindler and Francesca Gesualdi -- XVIII. The United States’ Multidimensional Approach to Combatting Corruption; Padideh Ala’i.- XIX. Fighting Corruption from the Civil Side: Echoes from the Silence of Venezuelan Contract Law; Eugenio Hernández-Bretón and Claudia Madrid Martínez.
Abstract:
This book presents an analysis of the concept of the administrative act and its classification as ‘foreign’, and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy, and enforceability of foreign administrative acts at national level. The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.
Description / Table of Contents:
Prologue; Contents; Biographical Notes; Chapter 1: Foreign Administrative Acts: General Report; The Concept of an Administrative Act and Its Classification as 'Foreign'; General Considerations on the Usual Administrative Procedure for Adopting an Administrative Act; The Service of Administrative Acts: Special Consideration for Their Service in Other Countries; On the Recognition and Execution of Administrative Acts; International Conventions on the Recognition and Execution of International Administrative Acts and on the Legalization of Public Documents
Description / Table of Contents:
Doctrinal Treatment of the Subject of Foreign Administrative ActsChapter 2: The EU's Role in the Progress Towards the Recognition and Execution of Foreign Administrative Acts: The Principle of Mutual Recognition and the Transnational Nature of Certain Administrative Acts; General Considerations About the Principle of Mutual Recognition; Premises for a System of Mutual Recognition for Administrative Acts; The Co-existence of a High Level of Harmonization; The Availability of Means and Information Exchange Networks Between National Administrations
Description / Table of Contents:
Models of Mutual Recognition in the EU Secondary LegislationGeneral Conditions; Model of Automatic Transnational Recognition, with the Right to Control or Veto by the Member State of Destination; Model for Mutual Recognition Subject to the Condition of Prior Verification by the Member State of Destination; Exceptions and Limits to the Principle of Mutual Recognition: The Possibility That States Adopt Restrictive Decisions to the Free Circulation of Products and Services; The Administrative and Judicial Control of Transnational Administrative Acts
Description / Table of Contents:
The Incidence of the Principle of Mutual Recognition in Compound States: The Extraterritorial Effectiveness of Regional Administrative Acts The Model of International Administrative Co-decision, as Another Manifestation of the Transnationality of Administrative Acts; Bibliography; National Reports; Chapter 3: The Incorporation of the Acts of the Andean Community of Nations into Internal Legal Systems; Introduction; The Reception of Andean Community Law in the Domestic Legal Systems; The Reception of the Original or Primary Norms of Andean Communitarian Law
Description / Table of Contents:
The Reception of Secondary or Derived Norms of Andean Communitarian Law The Normative Status of Andean Community Law in the Legal Systems of the Member Countries; The Primacy of Communitarian Law Over Domestic Law; The Hierarchy of Communitarian Rules Within Internal Legal Systems to Which They Are Incorporated; Conclusions; Bibliography; Chapter 4: Recognition of Foreign Administrative Acts in Australia; Introduction; The Concept of "Administrative Act" and Its Classification as "Foreign"; Domestic and Foreign Administrative Acts in Australian Law
Description / Table of Contents:
Act of State Doctrine in Australian Law
Description / Table of Contents:
I. The Impact of Corruption on International Commercial Contracts - General Report; Michael Joachim Bonell and Olaf MeyerII. New Wine in Old Bottles: Corrupt Foreign Contracts in Canadian Private Law; Joshua Karton and Jenna-Dawn Shervill -- III. Balancing Public Interest with Transactional Security: The Validity of Contracts Tainted with Corruption under Chinese Law; Qiao Liu and Xiang Ren -- IV. Consequences of Corrupt Practices in Business Transactions (Including International) in Terms of Czech Law; Jiří Valdhans -- V. The Civil Law Consequences of Corruption According to the Laws of the Least Corrupt Country in the World - Denmark; Peter Damsholt Langsted and Lars Bo Langsted -- VI. English Judges: Little Mice in the Big Business of Corruption?; Yseult Marique -- VII. Still Some Unclarity Regarding the Legal Consequences Arising from the Nullity of Agreements through Corruption - Estonia; Marko Kairjak -- VIII. Who Gets the Bribe? - The German Perspective on Civil Law Consequences of Corruption in International Contracts; Matthias Weller.- IX. The Effects of Corruption on Contracts in Italy: The Long Road towards a Legal and Fair, Competitive Market; Paola Mariani -- X. Contracts Tainted by Corruption: Does Dutch Civil Law Augment the Criminalization of Corruption?; Abiola Makinwa and Xandra Kramer.- XI. Civil Law Forfeiture as Means to Restrict the Application of the in pari delicto-Principle and Other Private Law Consequences of Corruption under Polish Law; Maksymilian Pazdan and Maciej Zachariasiewicz.- XII. Corruption in International Commercial Contracts - A Portuguese Substantive and Private International Law Perspective; Luís de Lima Pinheiro -- XIII. Russian Experience and Practice on Civil Law Consequences of Corruption; Sergey Usoskin.- XIV. For a Few Dollars More - Corruption in Singapore; Michael Furmston.- XV. The Civil Law Consequences of Corruption under South African Law; Tjakie Naudé.- XVI. Impact of Bribery on Contracts under Swiss Civil Law; Christa Kissling -- XVII. The Civil Law Consequences of Corruption under the UNIDROIT Principles of International Commercial Contracts: an Analysis in Light of International Arbitration Practice; Richard Kreindler and Francesca Gesualdi -- XVIII. The United States’ Multidimensional Approach to Combatting Corruption; Padideh Ala’i.- XIX. Fighting Corruption from the Civil Side: Echoes from the Silence of Venezuelan Contract Law; Eugenio Hernández-Bretón and Claudia Madrid Martínez.
Note:
Description based upon print version of record
DOI:
10.1007/978-3-319-18974-1
URL:
Volltext
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URL:
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