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The Internationalisation of Law

Legislating, Decision-Making, Practice and Education

9781849801027 Edward Elgar Publishing

Edited by Mary Hiscock, Emeritus Professor of Law, Bond University, Australia and William van Caenegem, Professor of Law, Bond University, Australia

Publication Date: 2010 ISBN: 978 1 84980 102 7 Extent: 352 pp

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Critical Acclaim

Contributors

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This insightful book explores the acute challenges presented by the ‘internationalisation’ of law, a trend that has been accelerated by the growing requirement for academics and practitioners to work and research across countries and regions with differing legal traditions.

The authors have all confronted these challenges of internationalisation through their extensive knowledge and experience in civil law, common law and mixed jurisdictions around the globe. Their analysis of the implications for researchers and teachers, as well as practitioners, law-makers and reformers is original and their different proposals for dealing with the challenges are both practical and at times, radical.

This book is a must-read for those exposed to the internationalisation of law, be they academics, cross border practitioners, judges, arbitrators, or those engaged in legal reform and policy.

Critical Acclaim

‘This stimulating volume of essays seamlessly integrates theoretical and practical perspectives to wrestle with fundamental issues of law and legal education in the 21st century. Using an integrated framework, the editors demonstrate that the challenges raised by internationalization can no longer be left to a small group of comparative and international lawyers, but rather require fundamental engagement from everyone in the law. Highly recommended.’
– Tom Ginsburg, University of Chicago Law School, US

‘This is a rich and fascinating collection of essays on the internationalisation of law. It offers an important exploration of what lies ahead in making law, resolving disputes and researching and teaching law in an increasingly globalising world. Academics and practitioners all over the world will find this book immensely useful.’
– Jan M. Smits, Maastricht University, The Netherlands

‘This fascinating collection of essays marks the 20th anniversary of Bond Law School in Australia. The essays deal with the internationalisation of law in all its dimensions, whether it be in law teaching, legal research, legislation or attitudes to risk and regulation which is particularly pertinent in view of the global financial crisis. The breadth of coverage of the book increases its appeal to scholars and policy makers from a range of sub-disciplinary perspectives. It deserves to be read widely and is an extremely valuable addition to any practitioner or academic library.’
– Gerard McCormack, University of Leeds, UK

Contributors

Contributors: L.G. Baxter, V.L. Beyer, M. Bogdan, L. Boo, L. Boulle, G. Carney, J. Corcoran, S. Corcoran, J. Corkery, C. Croft, J. Farrar, P. Finn, R. French, P.-Y. Gautier, I. Govaere, I. Govey, J.O. Haley, M. Hiscock, V.I. Lo, L. McCrimmon, P. Quirk, A. Stewart, W. van Caenegem

Contents

Contents:

Foreword
John O. Haley

Preface
Mary Hiscock and William van Caenegem

The Internationalisation of Law: Introductory and Personal Thoughts for the Symposium
Mary Hiscock

PART I: INTERNATIONALISATION OF LEGISLATING
1. Internationalisation of Law – The ‘Complex’ Case of Bank Regulation
Lawrence G. Baxter

2. Internationalisation and Statutory Interpretation – Looking Wide and Looking Deep
Suzanne Corcoran

3. Reform, Regulation and Risk: The Internationalisation of Legislation and Legal Policy
Les McCrimmon

PART II: INTERNATIONALISATION OF LEGAL PRACTICE
4. Law: A Global Practice – Perspectives on the Internationalisation of Legal Services Markets
John Corcoran

5. Internationalisation of the Legal Profession in Japan: Integration by Increments
Vicki L. Beyer

6. The Export of Professional Legal Services: ILSAC and the Australian Experience
Ian Govey

PART III: INTERNATIONALISATION OF LAW TEACHING
7. Development Assistance in the Field of Legal Education
Michael Bogdan

8. The Internationalisation of Legal Education: A Road Increasingly Travelled
Vai lo Lo

PART IV: INTERNATIONALISATION OF LEGAL RESEARCH
9. Lawyers in Magellan’s World
John O. Haley

10. Internationalisation or Isolation: The Australian Cul de Sac? The Case of Contract
Justice Paul Finn

11. Internationalisation of Legal Research: Finding Facts and Finding Law Before the Next Big Crash
Patrick Quirk

PART V: INTERNATIONALISATION OF DECISION-MAKING – LITIGATION
12. The Importance of International Developments in the Case Law of the European Court of Justice: Kadi and the Autonomy of the EC Legal Order
Inge Govaere

13. The Influence of Scholarly Writing Upon the Courts in Europe
Pierre-Yves Gautier

14. Oil and Water? International Law and Domestic Law in Australia
Chief Justice Robert French

PART VI: INTERNATIONALISATION OF DECISION-MAKING – ARBITRATION
15. The New York Convention as a Driving Force
Clyde Croft SC

16. International Arbitration and Competing Dispute Resolution Options
Lawrence Boulle

17. Internationalisation of Decision-Making – Arbitration
Lawrence Boo

PART VII: CONCLUSION
Epilogue
Mary Hiscock and William van Caenegem

Appendix: Symposium Program

Index