533 research outputs found
Theory and Practice of General Principles of International Legal Cooperation: A Thematical and Comparative Approach
Get PDFThis publication features extended abstracts of papers which were presented at the roundtable on International Legal Cooperation at the Law and Society Association conference in Denver, from 28 to 31 May 2020. The roundtable was organized by Professor Ricardo Perlingeiro from Estacio de Sa University (Brazil) and Dr Emilie Ghio from Birmingham City
University (UK). It gathered experts from different jurisdictions across the world who discussed the theory and practice of selected general principles of international legal cooperation, from a thematical and comparative perspective.
The debate on international legal cooperation is wide and rich, and over the last two decades, many academic contributions have suggested recommendations to some of the main challenges facing international legal cooperation. However, discussions around issues of legal cooperation at international level have usually taken either a global approach, focusing on
procedural challenges, or a thematical approach, focusing on specific areas of law. We believe that there is space for innovative insights that may be able to move the discussion beyond these established lines of research. This is why the Roundtable on International Legal Cooperation at the LSA conference in Denver adopted both a theoretical, as well as concrete approach, while engaging in thematical, as well as comparative debates.
The comparative element of the discussion stemmed from the variety of jurisdictions represented at the roundtable: Brazil, Spain, the UK, the USA and the EU. The presenters’ varied legal backgrounds allowed for a thematical approach to the discussion around selected general principles of international legal cooperation, as presenters have expertise in: (i) administrative law and environmental law; (ii) criminal law; (iii) family law; (iv) insolvency law; (v) intellectual property law; (vi) healthcare law; and (vii) extradition law.
Methodologically, the roundtable proceeded as follows. Selected general principles of international legal cooperation were presented. These principles included: (i) the equality of nations; (ii) harmonization; (iii) reciprocity; (iv) public order; (v) jurisdiction; (vi) recognition and enforcement; and (vii) general procedural issues. Each principle was allocated to one expert, who discussed that principle in a theoretical manner, exposing how it is exercised and perhaps, raises issues, in the context of international legal cooperation. Following this short theoretical presentation, the other discussants joined in the conversation and provided concrete examples of how the principle presented applies to their own field of expertise. Participants flagged notorious cases or instances in which these principles have caused – or solved – problems in the context of international legal cooperation. The uniqueness of the discussion came from the fact that the discussants hold different views on a same principle, depending on their area of expertise as well as their jurisdiction.
This diversity is welcomed as it illustrates the richness of the debate on international legal cooperation and encourages readers to reflect on the complementarity of these different approaches to common issues.
The extended abstracts which feature in this issue are the preliminary results of the research conducted by the LSA roundtable participants on the abovementioned general principles of international legal cooperation
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Redefining harmonisation ::lessons from EU insolvency law /
No full text"Providing a definition of the concept of 'harmonisation' within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States. Promoting the vision of the EU as an arena of dialectic law-making, Redefining Harmonisation tackles the most debated issues within the study of harmonisation, including ambiguity of language, ambiguity of objectives in European law, and a declining level of support for further European integration. Emilie Ghio, examines the purpose of harmonisation through an analysis of the most important provision of EU primary law, Article 114(1). Chapters analyse the core elements of Article 114(1), namely the link between harmonisation and the internal market, the role of the Member States in the harmonisation process, and the harmonisation language adopted by the EU. Ghio puts this analysis to the test by studying harmonisation in action, through case studies on EU primary law. Offering an in-depth exploration of the concept of EU harmonisation through the lens of European insolvency law, this book will be an insightful read for students interested in EU law and the law-making process. This will also be a useful resource for insolvency law and governance scholars, looking to develop their knowledge of this growing topic"-
Emilie Ghio, John M Wood, and Jennifer L L Gant, Re-Examining Insolvency Law and Theory: Perspectives for the 21st Century
Get PDFIn the ambit of legal scholarship, Re-examining Insolvency Law and Theory: Perspectives for the 21st Century emerges as a pioneering book, cohesively bridging the gap between insolvency law's theoretical underpinnings and its practical applications in the contemporary world in the 21st century. Edited by Emilie Ghio, John M. Wood, and Jennifer L.L. Gant, this book stands out for its comprehensive engagement with insolvency law from a multidimensional theoretical perspective. The book promises and delivers a refreshing insight into the dynamics of insolvency law, acknowledging its complexity and the necessity for a comprehensive understanding in addressing the challenges of financial distress in the 21st century
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English corporate insolvency law ::a primer /
No full text"This unique book provides readers with a concise yet rigorous outline of the English corporate insolvency framework as it is practised in domestic and cross-border cases. In doing so, this primer provides clear and accessible guidance on what is often considered to be a highly technical subject. Throughout the book, Eugenio Vaccari and Emilie Ghio demonstrate how to successfully navigate the uncharted waters of the significantly revised English corporate insolvency rules and procedures. Chapters answer foundational questions in insolvency law, such as: How are companies liquidated in England? How and why are they rescued and restructured? What happens when a company is liquidated or restructured, but has assets and creditors in England and abroad? The book also includes a comprehensive analysis of the sweeping and far-reaching changes to the regulatory framework introduced in the wake of the COVID-19 pandemic. Providing a blend of accessible but detailed guidance and critical discussion, the hybrid nature of English Corporate Insolvency Law: A Primer will make the book an ideal companion for students, practitioners (especially new entrants to the profession) and researchers in the fields of company and insolvency law, both within England and internationally"-
Emilie Ghio's Quick Files
No full textThe Quick Files feature was discontinued and it’s files were migrated into this Project on March 11, 2022. The file URL’s will still resolve properly, and the Quick Files logs are available in the Project’s Recent Activity
Emilie Ghio's Quick Files
No full textThe Quick Files feature was discontinued and it’s files were migrated into this Project on March 11, 2022. The file URL’s will still resolve properly, and the Quick Files logs are available in the Project’s Recent Activity
Emilie Ghio's Quick Files
No full textThe Quick Files feature was discontinued and it’s files were migrated into this Project on March 11, 2022. The file URL’s will still resolve properly, and the Quick Files logs are available in the Project’s Recent Activity
New Challenges For Transnational Civil And Commercial Law In The Wake of the COVID-19 Pandemic: Rethinking the Role of Law and Legal Institutions
No full textThis issue of the Juris Poesis Journal features extended abstracts of papers which have been presented at the roundtable entitled ‘New Challenges for Transnational Civil and Commercial Law in the Wake of the COVID-19 Pandemic’, hosted by the Law and Society Association (LSA) in Chicago from 26 to 30 May 2021. The roundtable was organized by Dr Emilie Ghio from Edinburgh Napier University (Scotland, UK) and Professor Ricardo Perlingeiro fromEstacio de Sa University (Brazil). It gathered experts from different jurisdictions across the world and different academic fields who discussed the challenges caused by the COVID-19 crisis to their area of study and practice.The roundtable is the fruit of an ongoing project which was granted the status of International Research Collaborative by the LSA in 2020 in partnership with the Fluminense Federal University Centre on Judiciary Sciences (Núcleo de Pesquisa e Extensão sobre Ciências do Poder Judiciário (NUPEJ) and the Research Center for Administrative Justice in Context at Estácio de Sá University (NUPEJAC). The project has an international inter-disciplinary, as well as comparative dimension, as it brings together social sciences experts from different jurisdictions around the world. The objectives of the International Research Collaborative are to: (i) create a network of universities; (ii) deepen the law and social science scholarship on transnational civil and commercial law in the wake of pandemic; and (iii) inform policy and industry discussions taking place among law and social science researchers world-wide around the effects of Covid-19. The roundtable was its first deliverable.The project was born from common concerns in the academic and industry community of the devastating impact of the COVID-19 crisis on their field of study and/or practice, which came at a time where the world was grappling with an unprecedented number of other challenges. Indeed, the word ‘crisis’ is not merely common anymore; it is everywhere, and crises are increasingly global. This is not surprising in an increasingly integrated, international economy, which confronts most countries with similar social, economic, political and environmental issues. As we navigate these connected set of crises – health crisis, economic crisis, ecological crisis, human crisis – it is clear that we are at an unprecedented moment of reckoning. Over the years, these crises have highlighted two opposing tendencies: (i) increased cooperation and a natural phenomenon of legal convergence as States find common solutions to common problems; or (ii) a preference for state-centric solutions, which prioritise domestic interests, a rejection of supranational standards and harmonisation efforts and a protection of domestic sovereignty.Generally, the roundtable tackled several challenges concerning transnational civil and commercial law in the wake of the COVID-19 pandemic, which have brought to the fore the need to rethink the role of law and legal institutions in times of crisis. Discussions investigated how law has at times contributed to these crises, and at other times, helped in solving them. Specifically and within the lens of global crises, Dr Laura Cordes (Arizona State University, United States) spoke about how United States courts address standalone litigation in cross-border insolvency cases; Dr Emilie Ghio (Edinburgh Napier University, United Kingdom) focused on the role of legal harmonisation in times of crisis; Professor Rafael Mario Iorio Filho (Estacio de Sa University, Brazil) reflected on federalism in Brazil during the pandemic, Professor Ricardo Perlingeiro (Fluminense Federal University, Brazil) discussed internationalcooperation between judicial and administrative authorities; finally, Luisa Silva Schmidt (Estacio de Sa University, Brazil) questioned the economic recovery versus environmental cooperation divide. Ultimately, participants at the roundtable determined whether globalisation and legal integration have come to a halt and whether the world is witnessing a phenomenon of disintegration
Theory and Practice of General Principles of International Legal Cooperation: A Thematical and Comparative Approach
No full textThis publication features extended abstracts of papers which were presented at the roundtable on International Legal Cooperation at the Law and Society Association conference in Denver, from 28 to 31 May 2020. The roundtable was organized by Professor Ricardo Perlingeiro from Estacio de Sa University (Brazil) and Dr Emilie Ghio from Birmingham City University (UK). It gathered experts from different jurisdictions across the world who discussed the theory and practice of selected general principles of international legal cooperation, from a thematical and comparative perspective.The debate on international legal cooperation is wide and rich, and over the last two decades, many academic contributions have suggested recommendations to some of the main challenges facing international legal cooperation. However, discussions around issues of legal cooperation at international level have usually taken either a global approach, focusing on procedural challenges, or a thematical approach, focusing on specific areas of law. We believe that there is space for innovative insights that may be able to move the discussion beyond these established lines of research. This is why the Roundtable on International Legal Cooperation at the LSA conference in Denver adopted both a theoretical, as well as concrete approach, while engaging in thematical, as well as comparative debates.The comparative element of the discussion stemmed from the variety of jurisdictions represented at the roundtable: Brazil, Spain, the UK, the USA and the EU. The presenters’ varied legal backgrounds allowed for a thematical approach to the discussion around selected general principles of international legal cooperation, as presenters have expertise in: (i) administrative law and environmental law; (ii) criminal law; (iii) family law; (iv) insolvency law; (v) intellectual property law; (vi) healthcare law; and (vii) extradition law.Methodologically, the roundtable proceeded as follows. Selected general principles of international legal cooperation were presented. These principles included: (i) the equality of nations; (ii) harmonization; (iii) reciprocity; (iv) public order; (v) jurisdiction; (vi) recognition and enforcement; and (vii) general procedural issues. Each principle was allocated to one expert, who discussed that principle in a theoretical manner, exposing how it is exercised and perhaps, raises issues, in the context of international legal cooperation. Following this short theoretical presentation, the other discussants joined in the conversation and provided concrete examples of how the principle presented applies to their own field of expertise. Participants flagged notorious cases or instances in which these principles have caused – or solved – problems in the context of international legal cooperation. The uniqueness of the discussion came from the fact that the discussants hold different views on a same principle, depending on their area of expertise as well as their jurisdiction.This diversity is welcomed as it illustrates the richness of the debate on international legal cooperation and encourages readers to reflect on the complementarity of these different approaches to common issues.The extended abstracts which feature in this issue are the preliminary results of the research conducted by the LSA roundtable participants on the above mentioned general principles of international legal cooperation
Taking Action: Managing Your Rights as an Author
No full textWhat does it mean to be an author in the 21st century? Or do you want to share copies of your articles with your colleagues and students? Join Emilie Algenio for her presentation aimed at authors who are interested in actively managing the rights in their written work. Attendees will learn about copyright ownership, resources and tools, and what a balanced approach to copyright management looks like. Question and Answer period will follow. Note: this will not be recorded
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