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Author: Lucas V. M. Bento
Publisher:
ISBN: 9789041188403
Category :
Languages : en
Pages : 320
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Book Description
Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery--the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.'s generous discovery tools, particularly 28 U.S.C. § 1782 ("Section 1782"), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782's interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person "found" in the district, pursuant to Section 1782? Who qualifies as an "interested person?" What is a "foreign or international tribunal?" Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel--jurisdictional reach, receptivity, circumvention and burden--be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
Author: Lucas V. M. Bento
Publisher:
ISBN: 9789041188403
Category :
Languages : en
Pages : 320
Get Book
Book Description
Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery--the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.'s generous discovery tools, particularly 28 U.S.C. § 1782 ("Section 1782"), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782's interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person "found" in the district, pursuant to Section 1782? Who qualifies as an "interested person?" What is a "foreign or international tribunal?" Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel--jurisdictional reach, receptivity, circumvention and burden--be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
Author: Lucas V.M. Bento
Publisher: Kluwer Law International B.V.
ISBN: 9041189211
Category : Law
Languages : en
Pages : 469
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Book Description
Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery—the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.’s generous discovery tools, particularly 28 U.S.C. § 1782 (“Section 1782”), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782’s interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person “found” in the district, pursuant to Section 1782? Who qualifies as an “interested person?” What is a “foreign or international tribunal?” Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel—jurisdictional reach, receptivity, circumvention and burden—be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
Author: Ole J. Mjos
Publisher: Routledge
ISBN: 1135213720
Category : Social Science
Languages : en
Pages : 262
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Book Description
This book is about the relationship between media and globalization, explored through the unique study of the global expansion of Discovery Communications, spearheaded by the Discovery Channel, one of the world’s largest providers of factual television programming and media content. The book argues that the study of Discovery's relationship with globalization provides both a specific and a more general practical and theoretical understanding of how the processes of increased linking and interweaving of media and communications unfold and develop, as well as some of the consequences of this.
Author: Ian Goldin
Publisher: Bloomsbury Publishing
ISBN: 1472936388
Category : Business & Economics
Languages : en
Pages : 553
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Book Description
'A landmark new book.' - The Guardian Age of Discovery looks at the world on the brink of a new Renaissance and asks the question, how do we avoid chaos and disruption, and share more widely the benefits of progress? Now is humanity's best moment. And our most fragile. Global health, wealth and education are booming. Scientific discovery is flourishing. But the same forces that make big gains possible for some of us deliver big losses to others-and tangle us together in ways that make everyone vulnerable. We've been here before. The first Renaissance, the time of Columbus, Copernicus, Gutenberg and others, redrew all maps of the world, liberated information and shifted Western civilization from the medieval to the early modern era. Such change came at a price: social division, political extremism, economic shocks, pandemics and other unintended consequences of human endeavour. Now is our second Renaissance. In the face of terrorism, Brexit, refugee crises and the global impact of a Trump presidency, we can flourish-if we heed the urgent lessons of history. Age of Discovery, revised and updated for this paperback edition, shows us how.
Author: Geoffrey C. Gunn
Publisher: Rowman & Littlefield Publishers
ISBN: 0742580113
Category : History
Languages : en
Pages : 364
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Book Description
First Globalization presents an original and sweeping conceptualization of the grand cultural-civilizational encounter between Asia and Europe. With his 'metageography' of the vast Eurasian zone, Gunn shows how between 1500 and 1800, a lively two-way flow in ideas, philosophies, and cultural products brought competing civilizations into serious dialogue and mostly peaceful exchange. Ranging from discussions of the natural world, livelihoods, and religious and intellectual encounters to language, play, crime and punishment, gender, and governance, this book replays the themes of enduring hybridity and 'creolization' of cultures.
Author: Valerie Hansen
Publisher: Simon and Schuster
ISBN: 1501194119
Category : History
Languages : en
Pages : 320
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Book Description
The World in the Year 1000 -- Go West, Young Viking -- The Pan-American Highways of 1000 -- European Slaves -- The World's Richest Man -- Central Asia Splits in Two -- Surprising Journeys -- The Most Globalized Place on Earth.
Author: Edward R. Carr
Publisher: Macmillan
ISBN: 0230117260
Category : Business & Economics
Languages : en
Pages : 262
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Book Description
In Delivering Development, author Edward Carr calls into question the very universal, unquestioned assumptions about globalization, development, and environmental change that undergird much of development and economic policy. Here he demonstrates how commonly held beliefs about globalization and development have failed the global poor. Over his 13 years of working along what he calls "globalization's shoreline," a world region buffeted by the economic, political, and environmental decisions of those living in wealthier places, Carr has concluded that most experts misunderstand what they are trying to fix, and cannot tell if they are fixing it. Delivering Development is an eye opening, you-are-there book that compels the reader to question conventional wisdom, redefines what assistance to the developing world really means, and explores alternative ways of achieving meaningful, enduring improvements to human well-being.
Author: Marcello Carmagnani
Publisher: Univ of California Press
ISBN: 0520267494
Category : History
Languages : en
Pages : 328
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Book Description
Introduction: Latin America in world history -- Entry -- The invasion -- The search for new connections -- The Ibero-American world -- The international context -- The components of the Ibero-American world -- Revival -- The international context : continuity and discontinuity -- The new states are born -- The Euro-American world -- From European to international concert -- Latin America in the international order -- Latin America in the international economy -- Toward a new society -- The liberal-republican political order -- Westernization -- From international disorder to the new diplomacy -- Latin America in the international economy -- The secularization of society -- The westernization of politics -- Conclusion: Latin America in world history : historical forms and trends.
Author: Jeffrey D. Sachs
Publisher: Columbia University Press
ISBN: 0231550480
Category : Political Science
Languages : en
Pages : 369
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Book Description
Today’s most urgent problems are fundamentally global. They require nothing less than concerted, planetwide action if we are to secure a long-term future. But humanity’s story has always been on a global scale. In this book, Jeffrey D. Sachs, renowned economist and expert on sustainable development, turns to world history to shed light on how we can meet the challenges and opportunities of the twenty-first century. Sachs takes readers through a series of seven distinct waves of technological and institutional change, starting with the original settling of the planet by early modern humans through long-distance migration and ending with reflections on today’s globalization. Along the way, he considers how the interplay of geography, technology, and institutions influenced the Neolithic revolution; the role of the horse in the emergence of empires; the spread of large land-based empires in the classical age; the rise of global empires after the opening of sea routes from Europe to Asia and the Americas; and the industrial age. The dynamics of these past waves, Sachs demonstrates, offer fresh perspective on the ongoing processes taking place in our own time—a globalization based on digital technologies. Sachs emphasizes the need for new methods of international governance and cooperation to prevent conflicts and to achieve economic, social, and environmental objectives aligned with sustainable development. The Ages of Globalization is a vital book for all readers aiming to make sense of our rapidly changing world.
Author: Leila Simona Talani
Publisher: Springer
ISBN: 303005117X
Category : Political Science
Languages : en
Pages : 232
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Book Description
Firmly rooted in the International Political Economy (IPE) tradition, this book addresses the negative consequences of globalisation, what is termed here the ‘dark side of globalisation’. It explores different definitions of globalisation, whether the globalisation we have seen since the 1970s is substantially new, and to what extent it can be governed. Building on these foundations, the work assesses the prospects for de-globalisation. By focusing on this dark side of globalistion, the authors show how the global economic crisis, and its various local and sectorial manifestations, intensified – rather than generated – existing trends. This scholarship provides an account of the current predicament that is both more complex and more persuasive than the opposition between globalisation and de-globalisation.
